Section 230.250 Services

Section 230

Section 230.250  Services

The following requirements shall

apply to services provided under this subpart.

a)         Multipurpose Senior Centers

1)         An Area Agency on Aging may award social service funds under

this Part to a public or private nonprofit agency for the following purposes:

A)        Acquiring, altering, leasing, or renovating a facility,

including a mobile facility, for use as a multipurpose senior center;

B)        Constructing a facility, including a mobile facility, for use

as a multipurpose senior center;

C)        The costs of professional and technical personnel required to

operate a center.

2)         In making awards for the purposes specified in this Section,

the Area Agency on Aging shall give preference to facilities located in

communities with the greatest incidence of older persons with the greatest

economic or social need.

3)         The following health, safety and construction requirements

shall apply:

A)        A recipient of any award for multipurpose senior center

activities shall comply with all applicable State and local health, fire,

safety, building, zoning and sanitation laws, ordinances or codes.

B)        The plans and specifications for an award for acquiring,

altering, renovating or constructing a multipurpose senior center facility must

comply with regulations relating to minimum standards of construction,

particularly with the requirements of the Architectural Barriers Act of 1968

(42 U.S.C. 4151-4157);

C)        The Department shall assure the technical adequacy of any

proposed alteration or renovation of a multipurpose senior center.  The

Department assures technical adequacy by requiring that any alteration or

renovation of a multipurpose senior center that affects the load bearing

members of the facility is structurally sound and complies with all applicable

local or State ordinances, laws, or building codes

ent shall assure the technical adequacy of any

proposed alteration or renovation of a multipurpose senior center.  The

Department assures technical adequacy by requiring that any alteration or

renovation of a multipurpose senior center that affects the load bearing

members of the facility is structurally sound and complies with all applicable

local or State ordinances, laws, or building codes.

4)         A recipient of an award for altering, renovating or

constructing a facility to be used as a multipurpose senior center must comply

with the requirements of the Davis-Bacon Act (40 U.S.C. 276 (a) et seq.) and

other mandatory Federal labor standards.

5)         The following special conditions for acquiring by purchase, or

constructing a facility shall apply:

A)        An Area Agency on Aging shall obtain the approval of the

Department before making an award for constructing a facility.

B)        The Department may approve the construction of a facility after

considering the views of the Area Agency on Aging, relative to subsections

230.250(a)(2), (3) and (4), if it is found that there is no other suitable

facility available to be a focal point for service delivery.

C)        The Area Agency on Aging may make an award for purchasing or

constructing a facility only if there are no suitable facilities for leasing.

6)         A facility altered, acquired, renovated, or constructed using

funds under this Part, to be used as a multipurpose senior center may not be

used and may not be intended to be used for sectarian instruction or as a place

for religious worship

The Area Agency on Aging may make an award for purchasing or

constructing a facility only if there are no suitable facilities for leasing.

6)         A facility altered, acquired, renovated, or constructed using

funds under this Part, to be used as a multipurpose senior center may not be

used and may not be intended to be used for sectarian instruction or as a place

for religious worship.

7)         The following funding and use requirements shall apply:

A)        Sufficient funds must be available to meet the non-Federal

share of the award;

B)        Sufficient funds must be available to effectively use the

facility as a multipurpose senior center;

C)        In a facility that is shared with other age groups, funds

received under this Part may support only:

i)          That part of the facility used by older persons; or

ii)         A proportionate share of the costs based on the extent of use

of the facility by older persons; and

D)        A multipurpose senior center program must be operated in the

facility.

b)         Legal Assistance

1)         The Area Agency on Aging shall award social services funds

under this Part for legal assistance to older persons with the greatest

economic or social needs.

A)        The purpose of awards under this subsection (b) is to increase

the availability of legal assistance with a priority on older persons with the

greatest economic or social need in order to assist them to secure their

rights, benefits and entitlements, and to assist them in achieving the

objectives of the Older Americans Act.  Legal services provided with funds

under this Part must be in addition to any legal assistance already being

provided to older persons in the planning and service area

e with a priority on older persons with the

greatest economic or social need in order to assist them to secure their

rights, benefits and entitlements, and to assist them in achieving the

objectives of the Older Americans Act.  Legal services provided with funds

under this Part must be in addition to any legal assistance already being

provided to older persons in the planning and service area.

B)        "Legal assistance" means legal advice,

representation, or both legal advice and representation by an attorney

(including, to the extent feasible, counseling or other appropriate assistance

by a paralegal or law student under the supervision of an attorney), and

includes counseling or representation by a non-lawyer where permitted by law,

to older persons with economic or social needs.

2)         A legal assistance provider shall be either:

A)        An organization that receives funds under the Legal Services

Corporation Act (42 U.S.C. 2969); or

B)        An organization that has a legal services program or the

capacity to develop one.

3)         The Area Agency on Aging shall award funds to one or more

legal assistance providers that most fully meet the following standards.  The

legal services providers shall:

A)        Have staff with expertise in specific areas of law affecting

older persons in economic or social need;

B)        Demonstrate the capacity to provide effective administrative

and judicial representation in the areas of law affecting older persons with

social or economic need;

C)        Demonstrate the capacity to provide support to other advocacy

efforts;

D)        Demonstrate the capacity to effectively deliver legal assistance

to institutionalized, isolated, and homebound individuals;

E)        Have offices and/or outreach sites which are convenient and

accessible to older persons in the community;

F)         Demonstrate the capacity to provide legal assistance in a cost

effective manner; and

G)        Demonstrates the capacity to obtain other resources to provide

legal assi

y to effectively deliver legal assistance

to institutionalized, isolated, and homebound individuals;

E)        Have offices and/or outreach sites which are convenient and

accessible to older persons in the community;

F)         Demonstrate the capacity to provide legal assistance in a cost

effective manner; and

G)        Demonstrates the capacity to obtain other resources to provide

legal assistance to older persons.

4)         Each legal assistance provider shall:

A)        Make efforts to involve the private bar in legal assistance

provided under this Part, including groups within the private bar that furnish

legal services to older persons on a pro bono and reduced fee basis;

B)        Ensure that no attorney of the legal assistance provider

engages in any outside practice of law if the director of the legal assistance provider

has determined that the practice is inconsistent with the attorney's full time

responsibilities;

C)        Ensure that no attorney engaging in legal assistance activities

supported under the Older American Act engages in political activity;

D)        Ensure that no legal assistance provider, employee, or staff

attorney engage in the following prohibited political activity:

i)          Contributing or making available Older Americans Act funds,

personnel or equipment to any political party or association or to the campaign

of any candidate for public or party office; or for use in advocating or

opposing any ballot measure, initiative, or referendum; and

ii)         Intentionally identifying the Older Americans Act program or

legal assistance provider with any partisan or nonpartisan political activity,

or with the campaign of any candidate for public or party office;

E)        In areas where a significant number of clients do not speak

English as their principal language, adopt employment policies that ensure that

legal assistance will be provided in the language spoken by those clients;

F)         Adopt a procedure for affording the public appropriate access

to the Ol

an political activity,

or with the campaign of any candidate for public or party office;

E)        In areas where a significant number of clients do not speak

English as their principal language, adopt employment policies that ensure that

legal assistance will be provided in the language spoken by those clients;

F)         Adopt a procedure for affording the public appropriate access

to the Older Americans Act, regulations and guidelines of 45 CFR Part 1321, the

legal assistance provider's written policies, procedures, and guidelines, the

names and addresses of the members of the governing body, and other materials

that the legal assistance provider determines should be disclosed.  The

procedure adopted must be approved by the Area Agency on Aging;

G)        Ensure that legal assistance is not provided in fee generating

cases, as defined in 45 CFR 1321.93(f)(3)(i)(A), (2020), unless adequate

representation is unavailable from private attorneys;

H)        Ensure that no funds made available under the Act are used for

lobbying activities, including but not limited to any activities intended to

influence any decision or activity by any nonjudicial federal, State or local

individual or body. Nothing in this section is intended to prohibit an employee

from:

i)          Communicating with a governmental agency for the purpose of

obtaining information, clarification, or interpretation of the agency's rules,

regulations, practices, or policies;

ii)         Informing a client about a new or proposed statute, executive

order, or administrative regulation;

iii)        Responding

to an individual client's request for advice only with respect to the client's

own communications to officials unless otherwise prohibited by the Older

Americans Act, title III regulations or other applicable law

cy's rules,

regulations, practices, or policies;

ii)         Informing a client about a new or proposed statute, executive

order, or administrative regulation;

iii)        Responding

to an individual client's request for advice only with respect to the client's

own communications to officials unless otherwise prohibited by the Older

Americans Act, title III regulations or other applicable law. This provision

does not authorize publication of lobbying materials or training of clients on

lobbying techniques or the composition of a communication for the client's use;

iv)        Making

direct contact with the area agency for any purpose;

v)         Providing

a client with administrative representation in adjudicatory or rulemaking

proceedings or negotiations, directly affecting that client's legal rights in a

particular case, claim or application;

vi)        Communicating

with an elected official for the sole purpose of bringing a client's legal

problem to the attention of that official; or

vii)       Responding

to the request of a public official or body for testimony, legal advice or

other statements on legislation or other issues related to aging, provided that

no such action will be taken without first obtaining the written approval of

the responsible area agency.

I)         Ensure that, while providing legal assistance, no employee and

no staff attorney of the legal assistance provider engages in or encourages,

directs, or coerces others to engage in demonstrations, picketing, boycotts, or

strike, except as permitted by law in connection with the employee's own

employment situation, or, at any time, engage in or encourage others to engage

in any illegal activities or any intentional identification of programs funded

under the Older Americans Act or recipient with any political activity

r encourages,

directs, or coerces others to engage in demonstrations, picketing, boycotts, or

strike, except as permitted by law in connection with the employee's own

employment situation, or, at any time, engage in or encourage others to engage

in any illegal activities or any intentional identification of programs funded

under the Older Americans Act or recipient with any political activity.

5)         Each legal assistance provider that is not a Legal Services

Corporation grantee shall agree to coordinate its services with Legal Services

Corporation grantees in order to concentrate legal assistance funded under the

Older Americans Act on older persons with the greatest economic or social need

who are not eligible for services under the Legal Services Corporation Act (42

U.S.C. 2996).  In carrying out this requirement, legal assistance providers

shall not use a means test or require older persons to apply first for services

through a Legal Services Corporation grantee.

6)         A legal assistance provider under this Part may, with the

approval of the Area Agency on Aging, set priorities for the categories of

cases for which it will provide legal representation in order to concentrate on

older persons with the greatest economic or social need.  In setting case

priorities, a legal assistance provider may consider the availability of staff

resources in determining the extent of legal advice and representation to

provide to individual older persons.

7)         A legal assistance provider shall not require an older person

to disclose information about income or resources as a condition for providing

legal services under this Part.  A legal assistance provider may ask about the

person's financial circumstances as a part of the process of providing legal

advice, counseling and representation, or for the purpose of identifying

additional resources and benefits for which an older person may be eligible

lder person

to disclose information about income or resources as a condition for providing

legal services under this Part.  A legal assistance provider may ask about the

person's financial circumstances as a part of the process of providing legal

advice, counseling and representation, or for the purpose of identifying

additional resources and benefits for which an older person may be eligible.

c)         Information and Assistance Services

1)         The area plan shall provide for information and referral

services sufficient to ensure that all older persons within the planning and

service area have reasonably convenient access to the service.

A)        In areas in which a significant number of older persons do not

speak English as their principal language, the information and assistance services

provider shall provide information and referral services in the language spoken

by the older person.

B)        "Information and assistance services" means a system

to link people in need of service to appropriate resources.

2)         An information and assistance services provider shall:

A)        Maintain current information with respect to the opportunities

and services available to older persons;

B)        Develop current lists of older persons in need of services and

opportunities; and

C)        Employ a specially trained staff to inform older persons of the

opportunities and services which are available and to assist older persons to

take advantage of the opportunities and services.

3)         An information and assistance services provider may disclose

information by name about an older person only with the informed consent of the

older person or their authorized representative.

d)         Transportation Services

The Area

Agency on Aging may enter into transportation agreements with entities that

administer programs under the Rehabilitation Act of 1973 (29 U.S.C

ervices.

3)         An information and assistance services provider may disclose

information by name about an older person only with the informed consent of the

older person or their authorized representative.

d)         Transportation Services

The Area

Agency on Aging may enter into transportation agreements with entities that

administer programs under the Rehabilitation Act of 1973 (29 U.S.C. 701 et

seq.) and Title XIX of the Social Security Act to meet the common need for

transportation of service participants under the separate programs.

Transportation programs are the only activities funded under Title III of the

Older Americans Act that the Area Agency on Aging may delegate to another entity

the authority to award or administer those funds.

e)         Home Health Services

1)         Home health care services authorized under an approved area

plan shall be provided by:

A)        A Medicare-certified Home Health agency.

B)        A self-employed registered nurse (RN) who provides services

within the scope of a RN's practice under the Nurse Practice Act [ 225 ILCS 65].

C)        A physical therapist licensed in accordance with the Illinois

Physical Therapy Act [225 ILCS 90].

D)        A speech therapist licensed in accordance with the Illinois

Speech-Language Pathology and Audiology Practice Act [225 ILCS 110].

E)        An occupational therapist licensed in accordance with the

Illinois Occupational Therapy Practice Act [225 ILCS 75].

2)         Home health services that may be provided are:

A)        Skilled nursing;

B)        Home health aide services;

C)        Speech therapy;

D)        Physical therapy; and/or

E)        Occupational therapy.

3)         Home health agencies may provide covered services that they

are certified to provide by Medicare

cordance with the

Illinois Occupational Therapy Practice Act [225 ILCS 75].

2)         Home health services that may be provided are:

A)        Skilled nursing;

B)        Home health aide services;

C)        Speech therapy;

D)        Physical therapy; and/or

E)        Occupational therapy.

3)         Home health agencies may provide covered services that they

are certified to provide by Medicare.

4)         Area agencies providing services shall develop procedures that

will insure that double payments will not be made for the same service, that

Title III funds will be used only to increase services, and that rates paid for

such services do not exceed the established Medicare rate for the vendor providing

the service, nor shall payment be made to supplement payments made through

Medicare or Medicaid when the supplement is in excess of the established

Medicare rate.

f)         Chore and Housekeeping Services

Chore and

housekeeping services authorized under an approved area plan shall provide

assistance to persons having difficulty with one or more instrumental

activities of daily living (e.g., household tasks, personal care, or yard work)

under the supervision of the client or other responsible person. One unit of

service is equal to one hour of chore and housekeeping services. A partial hour

may be reported to two decimal places, e.g., 0.25 hours. Service activities may

include:

1)         Assisting

with the uncapping of medication containers and providing water;

2)         Preparing

supplies for the monitoring of non-medical personal care tasks such as shaving,

hair shampooing and combing, assistance with sponge bath, assisting with tub

bath only when clients are able to enter and exit tub themselves, dressing,

brushing and cleaning teeth and/or dentures under specific direction of client

or responsible individual;

3)         Housekeeping

tasks (cleaning, laundry, shopping, simple repairs, meal preparation, seasonal

tasks); and

4)         Escorting

or arranging for transportation (to medic

th sponge bath, assisting with tub

bath only when clients are able to enter and exit tub themselves, dressing,

brushing and cleaning teeth and/or dentures under specific direction of client

or responsible individual;

3)         Housekeeping

tasks (cleaning, laundry, shopping, simple repairs, meal preparation, seasonal

tasks); and

4)         Escorting

or arranging for transportation (to medical facilities, errands and shopping,

miscellaneous family/individual business).

g)         Case Management Services

The Department

allows funds to be expended for service entitled "Case Management".

Activities directly associated with this service shall be carried out in

accordance with applicable provisions of 89 Ill. Adm. Code 220.600 through 675

and 89 Ill. Adm. Code 230 Subpart G.

h)         Other Services

Other service

components of a comprehensive and coordinated service delivery system that may

be funded by an Area Agency on Aging include:

1)         Services which facilitate access, such as outreach, escort,

individual needs assessment and service management;

2)         Services provided in the community, where permitted by 42

U.S.C. 3030d(a) (2020), such as:

A)        continuing education;

B)        health and health

screening;

C)        program

development and coordination activities;

D)        individual

needs assessment and service management;

E)        casework;

F)         counseling and assistance (concerning taxes, financial

problems, welfare, the use of facilities and services, pre-retirement or second

career);

G)        day care;

H)        protective services;

I)         nutrition education;

J)         services designed for the unique needs of the disabled;

K)        emergency services including disaster relief services;

L)        residential repair and renovation;

M)       physical fitness and recreation services; and

N)        assistance in obtaining adequate housing;

3)         Services provided in the home, such as:

A)        preinstitutional

evaluations;

B)        casework;

C)

services designed for the unique needs of the disabled;

K)        emergency services including disaster relief services;

L)        residential repair and renovation;

M)       physical fitness and recreation services; and

N)        assistance in obtaining adequate housing;

3)         Services provided in the home, such as:

A)        preinstitutional

evaluations;

B)        casework;

C)        counseling;

D)        chore

maintenance;

E)        visiting;

F)         shopping;

G)        reading

printed material;

H)        letter

writing;

I)         telephone

reassurance; and

J)         nutrition

education;

4)         Services provided to residents of care providing facilities,

such as:

A)        casework;

B)        counseling;

C)        placement

and relocation assistance;

D)        group

services; and

E)        complaint and grievance

resolution and visiting;

5)         Care

providing facilities include long-term care facilities as defined in the Older

Americans Act (42 U.S.C. 3002(35) (2020)), emergency shelters, and other

congregate living arrangements.