89 Ill. Adm. Code 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.
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.
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.
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 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 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. 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.
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.
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. 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.
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 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) 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.