173-4-11. Older Americans Act nutrition program: grocery ordering and delivery

(A) "Grocery ordering and delivery" means a service for a consumer who needs assistance shopping for groceries that allows consumers to order groceries, then delivers the ordered groceries to the consumer's home or vehicle (e.g., at a drive-thru pick-up window).

(B) In every AAA-provider agreement for grocery ordering and delivery paid, in whole or in part, with Older Americans Act funds, the AAA shall include the following requirements:

(1) General requirements: In the AAA-provider agreement, the AAA shall include the requirements in rule 173-3-06 of the Administrative Code for every AAA-provider agreement paid, in whole or in part, with Older Americans Act funds.

(2) Procedures: The provider to develop and implement procedures for the safe delivery of groceries.

(3) Payment:

(a) No Older Americans Act funds, other than funds from Title III-B or III-E of the Older Americans Act, shall pay for grocery ordering and delivery.

(b) No Older Americans Act funds, other than funds from Title III-B or III-E of the Older Americans Act, shall pay for consumable supplies or material aid to meet basic needs, such as groceries. Providers may accept other funds (e.g., private pay, SNAP) for consumable supplies or material aid to meet basic needs.

(4) Service verification:

(a) For each episode of service, the provider to retain a record of the consumer's name; service date; provider's signature; and unique identifier of the consumer.

(b) In the AAA-provider agreement, the AAA shall not prohibit the provider from using a technology-based system to collect and retain the items in paragraph (B)(4)(a) of this rule.

(c) During a state of emergency declared by the governor, the provider may verify each episode of service provided without collecting the unique identifier of the consumer.

(C) Units: One unit of grocery ordering and delivery equals one episode of grocery ordering and delivery.

Effective: 10/29/2020
Five Year Review (FYR) Dates: 8/14/2020 and 10/29/2025
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. 3030e, 3030f; 45 C.F.R. 1321.65
Prior Effective Dates: 03/05/2009, 09/01/2016, 06/11/2020 (Emer.)