173-4-03. Older Americans Act nutrition program: consumer enrollment

(A) Congregate dining: Before enrolling the consumer into a congregate dining project or congregate dining project based in restaurants or supermarkets, the provider shall verify that a consumer's congregate meals are eligible for payment, in whole or in part, with Older Americans Act funds according to rule 173-4-02 of the Administrative Code.

(B) Home-delivered meals:

(1) Initial verification: Before enrolling a consumer into a home-delivered meals project, the provider shall verify, in person, that the consumer's home-delivered meals are eligible for payment, in whole or in part, with Older Americans Act funds according to rule 173-4-02 of the Administrative Code. During a state of emergency declared by the governor, the provider may verify eligibility by telephone, video conference, or in person.

(2) Annual verification: The provider shall not keep a consumer enrolled in a home-

delivered meals project for more than one year unless, at least once annually, the provider verifies, in person, the consumer's home-delivered meals continue to be eligible for payment, in whole or in part, with Older Americans Act funds according to rule 173-4-02 of the Administrative Code. During a state of emergency declared by the governor, the provider may verify eligibility by telephone, video conference, or in person.

(3) Temporary verification: A provider may deem a discharge order to be adequate verification to authorize temporary payment for home-delivered meals, in whole or in part, with Older Americans Act funds until the provider conducts its own verification of eligibility, but only if the following conditions are met:

(a) The consumer requires meals before the provider can verify that the consumer's home-delivered meals are eligible for payment, in whole or in part, with Older Americans Act funds.

(b) The consumer is sixty years or more old.

(c) The discharge order indicates the consumer is unable to prepare his or her own meals, unable to consume meals at a congregate dining location due to physical or emotional difficulties, and lacking another meal support service in the home or community.

(d) The provider begins providing home-delivered meals no later than seven days after the discharge.

(e) The provider conducts the initial verification no later than thirty consecutive days after the discharge.

(C) Waiting lists: If a waiting list exists for enrolling into a congregate dining project, congregate dining project based in restaurants or supermarkets, or a home-delivered meals project, the provider or the AAA shall develop a prioritization system that distributes meals equitably by prioritizing consumers who are determined to have the highest nutritional risk. The provider shall base the consumer's nutritional risk status upon the following:

(1) The result of a nutritional health screening of the consumer conducted according to rule 173-4-09 of the Administrative Code.

(2) The nutritional risk status of the spouse (if any), if the spouse is determined to have a higher nutritional risk than the consumer.

Effective: 12/31/2020
Five Year Review (FYR) Dates: 10/16/2020 and 11/28/2025
Promulgated Under: 119.03
Statutory Authority: 121.07, 173.01, 173.02, 173.392 ; 42 U.S.C. 3025; 45 C.F.R. 1321.11
Rule Amplifies: 173.39 , 173.392 ; 42 U.S.C. 3025, 3030e, 3030f; 45 C.F.R. 1321.11, 1321.17, 1321.69
Prior Effective Dates: 03/05/2009, 09/01/2016, 06/11/2020 (Emer.)