173-4-05 Older Americans Act nutrition program: nutrition projects.

 

 

 

Rule Summary and Fiscal Analysis (Part A)

 

Department of Aging

Agency Name

 

Tom Simmons

Division                                                                  Contact

 

50 West Broad Street 9th floor Columbus OH 43215-3363

614-728-2548

Agency Mailing Address (Plus Zip)                                       Phone                     Fax

173-4-05

Rule Number

NEW

TYPE of rule filing

Rule Title/Tag Line              Meal service.

RULE SUMMARY

1.  Is the rule being filed consistent with the requirements of the RC 119.032 review? No

2.  Are you proposing this rule as a result of recent legislation? No

3.  Statute prescribing the procedure in accordance with the agency is required to adopt the rule: 119.03

4.  Statute(s) authorizing agency to adopt the rule: 173.02; 173.392; Section 305 (a)(1)(C) of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006; 45 C.F.R. 1321.11

5.  Statute(s) the rule, as filed, amplifies or implements: 173.392, Sections 336 and 339 of the Older Americans Act of 1965, 79 Stat. 210, 42 U.S.C. 3001, as amended in 2006

6.  State the reason(s) for proposing (i.e., why are you filing,) this rule:

ODA is proposing this new rule as part of a larger effort to codify ODA's standards for agreements between AAAs and providers who are not providing services under a Medicaid-funded program (i.e., providers who are non-certified providers under section 173.392 of the Revised Code). This effort will bring ODA into compliance

with section 173.392 of the Revised Code, Section 305 (a)(1)(C) of the Older Americans Act, and 45 C.F.R. 1321.11.

7.  If the rule is an AMENDMENT, then summarize the changes and the content of the proposed rule; If the rule type is RESCISSION, NEW or NO CHANGE, then summarize the content of the rule:

This proposed new rule regulates a meal service for non-certified providers paid through means of a provider agreement entered into with an AAA. Specifically, this rule:

1.  Defines the term "meal service";

2.  Itemizes the minimum requirements for a meal service, including the requirements for dietary guidelines and dietary reference intakes; menu planning; determining nutritional adequacy by the nutrient-analysis method or the menu pattern method; ingredient information; consumer choice; alternative meals (e.g., therapeutic meals, diabetic meals, vegetarian meals, ethnic or religious meals, etc.); medical food and food for special dietary use; and dietary supplements.

3.  Establishes the unit of a meal service in a congregate nutrition program, home-delivered nutrition program, and a restaurant and grocery meal service.

8.  If the rule incorporates a text or other material by reference and the agency claims the incorporation by reference is exempt from compliance with sections

121.71 to 121.74 of the Revised Code because the text or other material is generally available to persons who reasonably can be expected to be affected by the rule, provide an explanation of how the text or other material is generally available to those persons:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

9.  If the rule incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material electronically, provide an explanation of why filing the text or other material electronically was infeasible:

This response left blank because filer specified online that the rule does not incorporate a text or other material by reference.

10.  If the rule is being rescinded and incorporates a text or other material by reference, and it was infeasible for the agency to file the text or other material, provide an explanation of why filing the text or other material was infeasible:

Not Applicable.

11.  If revising or refiling this rule, identify changes made from the previously filed version of this rule; if none, please state so:

On November 24, 2008, ODA revised paragraph (A) of this proposed rule to replace the words, "means a service that" with the words "means a service through which a congregate nutrition program, a home-delivered nutrition program, or a restaurant or grocery meal service provides."

12.  119.032 Rule Review Date:

(If the rule is not exempt and you answered NO to question No. 1, provide the scheduled review date. If you answered YES to No. 1, the review date for this rule is the filing date.)

NOTE: If the rule is not exempt at the time of final filing, two dates are required: the current review date plus a date not to exceed 5 years from the effective date for Amended rules or a date not to exceed 5 years from the review date for No Change rules.

FISCAL ANALYSIS

13.  Estimate the total amount by which this proposed rule would increase / decrease either revenues / expenditures for the agency during the current biennium (in dollars): Explain the net impact of the proposed changes to the budget of your agency/department.

This will have no impact on revenues or expenditures.

$0.00

ODA does not anticipate that the proposed adoption of this new rule would have any impact on the biennial budget established for ODA by the General Assembly because this proposed new rule should not create any expenses unforeseen when the General Assembly appropriate funds to ODA in Am. Sub. H. B. No. 119 (127th

G. A.).

14.  Identify the appropriation (by line item etc.) that authorizes each expenditure necessitated by the proposed rule:

322-490-618 Federal Aging Grants. 3M3-490-611 Federal Aging Nutrition.

3M4-490-612 Federal Independence Services. GRF-490-411 Senior Community Services.

15.  Provide a summary of the estimated cost of compliance with the rule to all directly affected persons. When appropriate, please include the source for your information/estimated costs, e.g. industry, CFR, internal/agency:

This proposed new rule regulates a meal service for non-certified providers paid through means of a provider agreement entered into with an AAA. Specifically, this rule: 1. Defines the term "meal service"; 2. Itemizes the minimum requirements for a meal service, including the requirements for dietary guidelines and dietary reference intakes; menu planning; determining nutritional adequacy by the

nutrient-analysis method or the menu pattern method; ingredient information; consumer choice; alternative meals (e.g., therapeutic meals, diabetic meals, vegetarian meals, ethnic or religious meals, etc.); medical food and food for special dietary use; and dietary supplements. 3. Establishes the unit of a meal service in a congregate nutrition program, home-delivered nutrition program, and a restaurant and grocery meal service.

16.  Does this rule have a fiscal effect on school districts, counties, townships, or municipal corporations? No

17.  Does this rule deal with environmental protection or contain a component dealing with environmental protection as defined in R. C. 121.39? No