AUTHORITY: Implementing the Illinois Act on the Aging [20 ILCS 105] and the Older Americans Act, as amended (42 U.S.C. 3001 et seq.) and authorized by Section 4.01 of the Illinois Act on the Aging [20 ILCS 105/4.01].

SOURCE: Adopted at 5 Ill. Reg. 3722, effective March 31, 1981; amended at 6 Ill. Reg. 7379, effective June 16, 1982; codified at 7 Ill. Reg. 5178; amended at 7 Ill. Reg. 9132, effective July 27, 1983; amended at 8 Ill. Reg. 9330, effective June 15, 1984; amended at 9 Ill. Reg. 5297, effective April 8, 1985; amended at 10 Ill. Reg. 5787, effective March 27, 1986; recodified at 10 Ill. Reg. 7653, effective April 30, 1986; amended at 10 Ill. Reg. 14616, effective August 26, 1986; amended at 11 Ill. Reg. 3856, effective February 17, 1987; amended at 11 Ill. Reg. 7586, effective April 8, 1987; amended at 11 Ill. Reg. 15869, effective October 1, 1987; emergency amendments at 12 Ill. Reg. 12540, effective July 15, 1988, for a maximum of 150 days; emergency expired December 12, 1988; amended at 13 Ill. Reg. 2015, effective February 1, 1989; amended at 13 Ill. Reg. 3054, effective March 1, 1989; amended at 13 Ill. Reg. 20299, effective December 15, 1989; amended at 14 Ill. Reg. 2308, effective January 25, 1990; amended at 15 Ill. Reg. 18642, effective December 13, 1991; amended at 16 Ill. Reg. 15401, effective September 28, 1992; amended at 18 Ill. Reg. 14072, effective September 1, 1994; amended at 21 Ill. Reg. 8894, effective July 1, 1997; amended at 22 Ill. Reg. 3454, effective February 1, 1998; amended at 26 Ill. Reg. 9662, effective July 1, 2002; Subpart E header recodified at 45 Ill. Reg. 10285; amended at 45 Ill. Reg. 10780, effective August 10, 2021; amended at 49 Ill. Reg. 1984, effective February 4, 2025.

SUBPART A: STATE AGENCY

 

Section 230.5  Definitions

 

For the purposes of this Part, the following terms have the meanings ascribed in this Section:

 

"A-95 clearinghouse" means an agency designated in accordance with U.S. Office of Management and Budget (OMB) Circular A-95, Revised, and by an executive order of the Governor of the State of Illinois for the purpose of providing State and local officials with a mechanism through which they can have input into proposed federal and federally assisted programs and projects.

 

"Administration on Aging" means the agency created by the Older Americans Act of 1965 that is responsible for advancing concerns and interests of older people and their caregivers. The Administration on Aging is part of the Department of Health and Human Services and is headed by the Assistant Secretary for Aging.

 

"Area Agency on Aging", "area agency" or "AAA" means the agency designated pursuant to the Older Americans Act by the Department in a planning and service area to develop and administer the area plan for a comprehensive and coordinated system of services for older persons.

 

"Area plan" means the document submitted, pursuant to the Older Americans Act, by an Area Agency on Aging to the Department in order to receive federal subgrants or contracts from the Department. The area plan contains all required provisions and commitments that the area agency will administer funded activities in accordance with all applicable federal and State requirements. The area plan also contains a detailed statement of the manner in which the area agency is developing a comprehensive and coordinated system throughout the planning and service area for all services authorized by this Part, which are provided by other entities within the planning and service area.

 

"Assistant Secretary for Aging" or "Assistant Secretary" means the designated head of the Administration on Aging.

 

"CFR" means Code of Federal Regulations.

 

"Comprehensive and coordinated system" means a program of interrelated social and nutrition services designed to meet the needs of older persons in a planning and service area.

 

"Department" means the Illinois Department on Aging.

 

"Food boxes" means a container of food that include a mix of fresh, frozen, and/or shelf stable foods along with dietitian-approved recipes utilizing the contained ingredients.

 

"Grab and go meal" means a prepackaged meal provided at a multipurpose senior center or another location designated by the Area Agency on Aging that meets Dietary Reference Intakes (DRI) requirements and serves as a complement to the congregate meal program. Grab and go meals can be provided at the discretion of the Area Agency on Aging.

 

"Greatest economic need" means the need resulting from an income level at or below the poverty threshold established by the Bureau of the Census.

 

"Greatest social need" means the need caused by noneconomic factors that restrict an individual's ability to perform normal daily tasks or that threaten their capacity to live independently. These factors include physical or mental disability, language barriers, and cultural or social isolation caused by, among other things, racial and ethnic status, sexual orientation, gender identity, gender expression, or HIV status.

 

"Informed consent" means approval given by an individual, or the legal representative of an individual, for a specific activity after having been apprised relative to the proposed activity, the reason for the activity and the expected outcome of the activity including proposed uses of any derived information and subsequent activities.

 

"Means test" means a measurement of available financial resources to a prescribed standard of need to determine eligibility and level of payment to be made for services provided.

 

"Multipurpose senior center" means a community or neighborhood facility for the organization and provision of a broad spectrum of services including health, social, nutritional, and educational services and the provision of facilities for recreational and group activities for older persons.

 

"Older Americans Act" means the Older Americans Act of 1965 (42 U.S.C. 3001).

 

"Planning and service area" means a geographic area of the State designated pursuant to the Older Americans Act for purposes of planning, development, delivery and overall administration of services under an approved area plan.

 

"Service provider" means an entity that is awarded a grant, subgrant, or contract to provide services under the area plan.

 

"State Plan" means the document submitted by the State to the Assistant Secretary on Aging in order to receive grants from the State's allotments under Title III of the Older Americans Act. (42 U.S.C. 3001)

 

"Unit of general purpose local government" means a political subdivision of the State whose authority is general and not limited to only one function or a combination of related functions or a Native American tribal organization.

 

(Source:  Added at 49 Ill. Reg. 1984, effective February 4, 2025)

 

Section 230.10  Designation and Function

 

a)         The Illinois Department on Aging is the designated single State Agency for the purpose of:

 

1)         Developing and administering the State plan;

 

2)         Having primary responsibility for the coordination of all activities in the State relating to the purposes of the Act;

 

3)         Serving as the effective and visible advocate of all older persons in the State; and

 

4)         Assisting area agencies on aging in the development of comprehensive and coordinated service delivery systems throughout the State.

 

b)         The Department shall develop and have available for review a functional statement of the manner in which all of the responsibilities under this part are performed by the Department.

 

Section 230.20  Administration

 

For the purposes of administering the programs specified in this Part, the Department shall meet the following administrative requirements:

 

a)         Administrative Policies

 

1)         The Department shall have and follow written policies to carry out its functions specified in Section 230.10 of this Part.

 

2)         Such policies shall be developed and promulgated in accordance with the provisions of the Illinois Administrative Procedures Act, as amended (Ill. Rev. Stat. 1981, ch. 127, par. 1001-1 et seq.).

 

b)         Director

            The Department shall have a full-time director who is at least 55 years old, who is appointed by the Governor and who has received the confirmation of the Illinois State Senate.

 

c)         Other Staff

            The Department shall have an adequate number of other qualified staff in order to meet its designated functions as specified in this Part.

 

d)         Preference in Hiring

            Subject to the requirements of (5 CFR 900), Subpart F, Standards for a Merit System of Personnel Administration, the Department shall give preference in hiring to persons age 60 or over.

 

e)         Affirmative Action

            The Department shall follow an affirmative action program which meets all applicable Federal and State regulations.

 

Section 230.30  State Plan

 

In accordance with (45 CFR 1321), Grants for States and Community Programs on Aging, Subpart C, the Department shall develop a State plan for administering programs specified in this Part.

 

a)         State Plan Requirements

 

            The Department shall develop a State plan which shall be in effect for a three year period specified by the Commissioner of the Administration on Aging of the United States Department of Health and Human Services (USDHHS).

 

1)         The State plan shall be based on area plans developed in accordance with Subpart B, Section 230.130 of this Part.

 

2)         The State plan shall provide that the area agency and area plan requirements are met for:

 

A)        area agency designation, and

 

B)        development and submission to the Department of an area plan.

 

b)         Service Delivery Requirements

            The State plan shall provide that the service delivery requirements are met, as specified in this Section, for:

 

1)         A long-term care ombudsman program;

 

2)         Restricting direct provision of services;

 

3)         All service providers concerning licensure, safety, training, outreach, coordination, preference to those with greatest economic or social need, contributions, maintenance of non-Federal support for services, and advisory role for older persons;

 

4)         Multipurpose senior center activities;

 

5)         Nutrition services;

 

6)         Legal services; and

 

7)         Information and referral

 

c)         State Plan Approval

 

1)         The Department shall hold public hearings throughout the State on the State plan and all amendments to the State plan.

 

2)         The Department shall submit the State plan and all amendments to the State plan to the State Advisory Council for review and comment.

 

3)         The Department shall submit the State plan and all amendments to the State plan to the Governor for review and signature.

 

4)         The Department shall submit the State plan and all amendments to the State plan, signed by the Governor, to the Commissioner of the Administration on Aging, United State Department of Health and Human Services (USDHHS). Submission to the Commissioner of the Administration on Aging shall be made at least 60 calendar days prior to the proposed effective date of the plan or of the amendment(s).

 

d)         Expenditures

            The Department may not make expenditures under a new plan or amendment(s) until it is approved by the Commissioner of the Administration on Aging.

 

Section 230.40  State Agency Requirements

 

The Department shall meet the following requirements:

 

a)         Advocacy (Section 230.41);

 

b)         Long-Term Care Ombudsman Program (Section 230.42);

 

c)         Service Delivery Systems Responsibilities (Section 230.43);

 

d)         State Advisory Council (Section 230.44);

 

e)         Hearings (Section 230.45); and,

 

f)         Designation of Planning and Service Areas (Section 230.46).

 

(Source:  Amended at 10 Ill. Reg. 5787, effective March 27, 1986)

 

Section 230.41  Advocacy

 

In relation to the stated function of serving as the effective and visible advocate of all older persons in the State, the Department shall:

 

a)         Review and comment on all State plans, budgets, and policies which affect older persons.

 

b)         Conduct public hearings on the needs of older persons.

 

c)         Coordinate the Statewide planning and development activities related to the purpose of the Act.

 

d)         Assure that each area agency on aging has in place and adheres to effective procedures to coordinate all programs related to the purposes of the Act within the planning and service area for which they have responsibility.

 

e)         Represent the interests of older persons before legislative, executive, and regulatory bodies throughout the State.

 

f)         Provide technical assistance to agencies, organizations, associations, or individuals representing older persons.

 

g)         Establish and operate a long-term care ombudsman program pursuant to subsection (b) of this Section.

 

h)         Review and comment, upon request, on applications to State and Federal agencies for assistance relating to meeting the needs of older persons.

 

(Source:  Amended at 10 Ill. Reg. 5787, effective March 27, 1986)

 

Section 230.42  Long-Term Care Ombudsman Program (Repealed)

 

(Source:  Repealed at 21 Ill. Reg. 8894, effective July 1, 1997)

 

Section 230.43  Service Delivery Systems Responsibilities

 

a)         In relation to service delivery systems, the Department shall:

 

1)         Develop and administer the State Plan;

 

2)         Divide the State into planning and service areas;

 

3)         Designate area agencies in those planning and service areas for which the Department decides to have an area plan developed;

 

4)         Approve and monitor the administration of the area plans;

 

5)         Provide adequate and effective opportunities for older persons to express their views to the Department on policy development and program implementation under the plan;

 

6)         Give preference to older persons with the greatest economic or social need in the delivery of services under the State plan;

 

7)         Develop an intrastate funding formula;

 

8)         Evaluate the need for social and nutritional services in the State, and determine the extent to which other public and private programs meet the needs;

 

9)         Conduct periodic evaluation of activities and projects carried out under the State Plan, including at least annual on-site performance evaluations of each area agency;

 

10)         Develop and distribute a uniform plan format and guidance for area plans;

 

11)         Provide technical assistance to area agencies;

 

12)         Establish an advisory council on aging;

 

13)         Coordinate legal services for older persons in the State, give technical assistance, advice, and training in the provision of legal services to older persons, and make reasonable efforts to maintain existing levels of those services;

 

14)         Enter into an agreement with the United States Department of Agriculture (U.S.D.A.) State Distributing Agency;

 

15)         Provide administrative and hearing procedures;

 

16)         Ensure that all older persons in the State have reasonably convenient access to information and referral services; and

 

17)         Maintain a directory of community focal points in the State.

 

b)         The Department may:

 

1)         Conduct training and development programs for personnel involved in implementing this Part; and

 

2)         Enter into contracts to carry out demonstration projects of statewide significance relating to the initiation, expansion, or improvement of services provided under this Part.

 

(Source:  Amended at 10 Ill. Reg. 5787, effective March 27, 1986)

 

Section 230.44  State Advisory Council

 

a)         Pursuant to the requirements of 45 CFR 1321.47 and paragraph 6107 of the Act, there is created and established a State Council on Aging for the purpose of advising and assisting the Department in carrying out those functions specified in Section 230.10 of this Part.

 

b)         More than 50 percent of those individuals serving on the State Council on Aging shall be at least 60 years old and include:

 

1)         Persons with greatest economic or social need, and

 

2)         Participants in programs administered by this Part.

 

(Source:  Amended at 10 Ill. Reg. 5787, effective March 27, 1986)

 

Section 230.45  Intrastate Funding Formula

 

The Department, following consultation with all Area Agencies on Aging in the State, shall develop and utilize an Intrastate Funding Formula which meets the requirements specified in 45 CFR 1321.

 

a)         The Department shall allocate Title III Older Americans Act (42 USC 3001 et seq.) funds and State General Revenue Funds (GRF) appropriated for distribution to the 13 Area Agencies on Aging on a formula based in accordance with Older Americans Act requirements.

 

b)         For purposes of this Section, the following terms have the meanings specified:

 

"Base" means the allocation for Federal Fiscal Year (FFY) 1992 as of March 1, 1992 for each source of funds (e.g., Title III-B, Title III-C1, Title III-C2, Title III-D, GRF Match, GRF Home Delivered Meals, etc.) distributed by the Department to the 13 Area Agencies on Aging for their respective Planning and Service Areas. In Federal FY 1993, the "base" means two-thirds of the FFY 1992 base for each source of funds.  In Federal FY 1994, the "base" means one-third of the FFY 1992 base for each source of funds. Each Area Agency on Aging has a "base" level for each source of funds it receives from the Department to be administered through the Area Plan on Aging.

 

"Bureau of the Census" means the Bureau of the Census, U.S. Department of Commerce.

 

"Housing unit" means a house, an apartment, a group of rooms, or a single room occupied as a separate living quarters.

 

"Living alone" means being the sole resident of a housing unit.

 

"Minority group" means those persons who identify themselves as belonging to a particular ethnic/racial grouping as classified by the Bureau of the Census.

 

"PSA" means a Planning and Service Area which is designated pursuant to Section 230.47.

 

"Poverty threshold" means the income cutoff which determines an individual's poverty status as defined by the Bureau of the Census.

 

"Rural area" means a geographic location not within a Metropolitan Statistical Area (MSA) as defined by the Bureau of the Census.

 

c)         In order for a particular factor to be included in the Intrastate Funding Formula, it must:

 

1)         be derived from data which is quantifiable by PSA;

 

2)         be based on data which is derivable from the Bureau of the Census; and

 

3)         characterize at least 5% of the State's population 60 years of age and older.

 

d)         The Formula contains the following factors:

 

1)         The number of the State's population 60 years of age and older in the PSAs as an indicator of need in general (60+ population).

 

2)         The number of the State's population 60 years of age and older at or below the poverty threshold in the PSAs as an indicator of greatest economic need (GEN – 60+ Poverty).

 

3)         As indicators of greatest social need, the number of the state's elderly in the PSAs who are:

 

A)        60 years and over and a member of a minority group (GSN – 60+ Minority);

 

B)        60 years of age and over and living alone (GSN – 60+ Living Alone);

 

C)        75 years of age and over (GSN – 75+ Population).

 

4)         The number of the state's population 60 years of age and older residing in rural areas of the PSAs as a means of assuring that the State will spend an amount equal to or not less than 105% of the amount expended for services to rural elderly in Federal FY 78.

 

e)         The Funding Formula factors are weighted as follows:

 

1)         60+ Population                        41.0% 

 

2)         Greatest Economic Need:       25.0% 

 

            (60+ Poverty)             

 

3)         Greatest Social Need:             25.0% 

 

            (60+ Minority - 10.0%)                     

 

            (60+ Living Alone - 7.5%)                

 

            (75+ Population - 7.5%)                    

 

4)         60+ Rural                                9.0%   

 

 f)        The Intrastate Funding Formula is:

 

1)         A = (.41 POP-60 + .25 POV-60 + .10 MIN-60 + .075 LA-60 + .075 POP-75 + .09 RUR-60) X (T)

 

2)         Where:

 

A)       A            =    Funding allocation from a specific source of funds to a particular PSA.

 

B)        POP-60   =    Percentage of the state's population within the particular PSA age 60 and older.

 

C)        POV-60  =    Percentage of the state's population within the particular PSA age 60 and older at or below the poverty threshold.

 

D)       MIN-60  =    Percentage of the state's population within the particular PSA age 60 and older and a member of a minority group.

 

E)        LA-60     =    Percentage of the state's population within the particular PSA age 60 and older and living alone.

 

F)        POP-75   =    Percentage of the state's population within the particular PSA age 75 and older.

 

G)       RUR-60  =    Percentage of the state's population within the particular PSA age 60 and older not residing in the MSA.

 

H)       T             =    The total amount of funds appropriated from a specific source of funds.

 

g)         The base is to be used as the starting point when calculating the distribution of funds in Federal FY 1993 and Federal FY 1994 from a source of funds to be allocated to the Area Agencies on Aging for their respective PSAs.

 

1)         Each PSA will receive its base allocation from that source of funds plus its share of the additional funds above the base level.  Each PSA's share of the additional funds is calculated by use of the Formula delineated in subsection (f)(1).

 

2)         When the amount of funds appropriated to the Department for allocation to the Area Agencies on Aging for their respective PSAs from any source of funds decreases below the base level, each PSA will receive its base allocation from that source of funds minus its share of the reduction in funds.  The percentage reduction in funds for each PSA will equal the percentage reduction for the source of funds that was reduced.

 

h)         In Federal FY 1995 and in each year thereafter, each PSA's share of the funds from any source of funds is to be calculated by use of the Formula delineated in subsection (f)(1).

 

i)          The data used in the Intrastate Funding Formula reflects the most current and up-to-date information from the Bureau of the Census, including mid-census estimates when available.

 

j)          The only exceptions to the above provisions will be the distribution of Ombudsman and Title III-G funds and in instances of a legislatively directed program requiring funding at a designated level for a defined target population.  These funds will be distributed in accordance with the prescribed Formula stated in the applicable legislation.  If there is not a prescribed Formula stated in the applicable legislation, the Department has the authority to determine the methodology to be used to distribute the funds.

 

k)         Whenever the Director determines that any amount allotted to an Area Agency on Aging for a Fiscal Year under this Formula will not be used by such Area Agency on Aging for carrying out the purposes for which the allotment was made, the Director may, in accordance with this subsection, make such allotment available for carrying out such purpose to one or more other Area Agencies on Aging to the extent the Director determines that such other Area Agencies on Aging will be able to use such additional amount for carrying out such purpose. Funds will be reallotted to those Area Agencies on Aging which request and demonstrate the need for additional funds in accordance with procedures developed by the Department.  Any reallotment amount made available to an Area Agency on Aging from an appropriation for a Fiscal Year in accordance with the preceding sentence shall, for the purposes of this title, be regarded as part of such Area Agency's allotment for such year, and shall remain available only until the end of that Fiscal Year.  Funds available for reallotment will be:

 

1)         those in excess of an Area Agency's allowable carryover amount determined by the financial closeout of the Fiscal Year;

 

2)         those carryover funds available to an Area Agency on Aging determined by the financial closeout of the Fiscal Year but not requested by an Area Agency on Aging; and

 

3)         those funds offered to the Department for reallotment by an Area Agency on Aging.

 

l)          If the Director finds that any Area Agency on Aging has failed to qualify under the Area Plan Requirements of the Older Americans Act, or Section 230.140, the Director may withhold the allotment of funds to such Area Agency on Aging.  The Director shall direct the disbursement of the funds so withheld directly to any qualified public or private nonprofit institution or organization, agency, or political subdivision in order to ensure continuity of services pursuant to Section 230.145.

 

m)        The allotment to an Area Agency on Aging may be reduced by the amount of any disallowance, in the Fiscal Year following the identification of the disallowance, if that Area Agency on Aging has expended funds allocated under this Part:

 

1)         for purposes which an audit report determines to be questioned costs which are deemed disallowed by the Department;

 

2)         for purposes which an audit report determines to be unallowable; or

 

3)         for purposes which are otherwise determined to be unallowable according to cost principles contained in applicable OMB Circulars or the approved grant/contract award.

 

n)         If an Area Agency on Aging does not expend the required minimum percentage of their Title III-B allocation on access services, in-home services, and legal services as established by the Department, pursuant to the Older Americans Act in a Fiscal Year as determined by the financial closeout report, and no waiver of the requirement has been granted by the Department for that Fiscal Year, the Area Agency on Aging must, for the next Fiscal Year following the submission of their report, expend the minimum percentage established for that next Fiscal Year, PLUS the amount they were deficient in meeting the minimum percentage in the reported year.  If the Area Agency on Aging does not expend the required amount in the subsequent Fiscal Year, the amount that they were deficient from that required expenditure amount may be withheld from the Area Agency on Aging during the Fiscal Year following the Fiscal Year in which the shortage is determined.

 

(Source:  Amended at 16 Ill. Reg. 15401, effective September 28, 1992)

 

Section 230.46  Hearings (Repealed)

 

(Source:  Repealed at 45 Ill. Reg. 10780, effective August 10, 2021)

 

Section 230.47  Designation of Planning and Service Areas

 

a)         The Department has divided the State into Planning and Service Areas in accordance with 45 CFR 1321.43 (May 1, 1985) for the purpose of carrying out the functions specified in this Part.  In addition, the current Planning and Service Area boundaries have been embodied in Section 3.08 of The Illinois Act on the Aging (Illinois Revised Statutes, 1983, ch. 23, par. 6103.08), as specified in subsection (g)(5).

 

b)         Pursuant to the Older Americans Act, the Department is required to divide the State into distinct Planning and Service Areas in accordance with guidelines issued by the Commissioner of the Administration on Aging. 45 CFR 1321.7 (May 1, 1985), requires the State to submit to the Commissioner, prior to the Administration on Aging's approval of the State Plan, a notice of intent to maintain or amend the designation of existing Planning and Service Area boundaries.

 

1)         The Illinois State Planning Cycle is three (3) years, therefore, the State must review the existing Planning and Service Areas' boundaries every three (3) years.

 

2)         The Department will initiate the review process no later than June of the year preceding the year of the beginning of the next subsequent State Plan.

 

3)         In addition, during that month of June, Letters of Intent to apply to be designated as new Planning and Service Areas will be accepted from any unit of general purpose local government, any region within a State recognized for area-wide planning, or any metropolitan area.

 

4)         On the first working day in July, applications shall be mailed to each agency or organization submitting a Letter of Intent.

 

c)         In performing the review to maintain or amend designation of existing Planning and Service Area boundaries, the Department will consider the following factors:

 

1)         the geographical distribution of individuals age sixty (60) and older;

 

2)         the distribution of older individuals who have low incomes (income levels at or below the poverty threshold established by the U.S. Bureau of the Census);

 

3)         the incidence of the need for supportive services, (any service other than nutrition programs and multi-purpose senior center) nutrition services, multi-purpose senior centers, and legal services determined through examination of U.S. Census data;

 

4)         the distribution of resources available to provide such services or centers;

 

5)         the boundaries of existing areas within the State which were drawn from the planning and administration of supportive services program;

 

6)         the location of units of general purpose government within the State; and,

 

7)         any other relevant factors.

 

d)         Upon receipt of a letter of intent to apply for designation as a Planning and Service Area from an eligible applicant, during the aforementioned month of June, or a determination by the Department that a need for amending the current Planning and Service Area boundaries may exist, after review of the factors in subsection (g)(3), the following procedures will be followed:

 

1)         If the Department determines that a need for amending the current Planning and Service Area boundaries may exist, and in the absence of a letter of intent, the Department will:

 

A)        proceed with collecting data to enable a full and complete review of information submitted relative to the criteria contained in the application described in subsection (g)(4)(C); and

 

B)        notify all appropriate private and local government agencies that may be affected of a public hearing to be held in accordance with subsection (g)(4)(H) by publishing a notice of the public hearing in a newspaper of general circulation in the Planning and Service Area and in the official newspaper of the State of Illinois.

 

2)         Upon receipt of a Letter of Intent from an eligible applicant, the Department, by registered mail, will forward on the 1^st working day in July to the address specified in the Letter of Intent, a copy of 45 CFR 1321 (March 2, 1983), a copy of Sections 230.40 and 230.110 of the Department's Administrative Rules and an application for designation of a Planning and Service Area.

 

A)        The application shall require information that addresses the criteria described in subsection (g)(3).

 

B)        The Department shall notify the Area Agency on Aging in the existing Planning and Service Area of the receipt of Letters of Intent.

 

3)         At a minimum the application will require responses to the following:

 

A)        a certified copy of the resolution, ordinance, or other action, authorizing the submission of the application.  No application will be considered as complete without such certification, no action will be taken thereon, and the applicant will be notified of the reason that the application will not be accepted.

 

B)        A complete description of the nature of the applicant, specifying the type of organization or agency, its major purpose and any significant subsidiary roles (i.e. those roles which evidence its capacity to perform function other than its major purpose) past experiences and expertise in the field of Aging services, and a description of the organizational unit responsible for the development of the application.

 

C)        A map of the Planning and Service Area and a discussion of the location of the proposed Area Agency on Aging and any problems or benefits attendant to the location.

 

D)        A discussion of the agency's or organization's knowledge of census and population data in the Planning and Service Area, including the distribution in the proposed area of persons age 60 and older, and age 60 and older with low income as defined in subsection (g)(3)(B).

 

E)        A discussion of the applicant's perception of existing problems in the current designated planning and service area.  The discussion must include a detailed analysis of factors that inhibit or prohibit the currently designated geographic boundaries from effectively and efficiently concentrating resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals.  In addition, the discussion must include proposed methods, strategies, and reasons why the proposed geographic boundaries will significantly minimize or eliminate the inhibiting or prohibiting factors.

 

F)         A discussion of the views of units of general purpose local government within the Planning and Service Area, including letters of support from those units, and a description of the process used to obtain those views.

 

G)        A listing of priority issues of older persons in the Planning and Service Area, including a description of the process used to obtain those views and the process used in prioritization.

 

H)        A narrative discussion of the capacity of the applicant to respond to the needs and issues identified in the Planning and Service Area, including the applicant's ability to provide adequate financial resources and its ability to develop service systems and resources.

 

I)         An inventory of existing aging programs in the Planning and Service Area, and the views of current providers, regarding the applicant's acceptability as the Planning and Service Area.

 

J)         The agency(ies) capable of being designated an Area Agency on Aging in the proposed Planning and Service Area.  See Section 230.110(a)(2)(A)(i-iv).

 

K)        A discussion of the ability and capability of the proposed area agency(ies) to perform an Area Agency's role as a planning, administering, and monitoring agency, as opposed to a direct service delivery agency, as specified in Section 230.110(a)(5)(A)(i-xi).

 

L)        A discussion of the ability of the proposed area agency(ies) to perform Community Care Program administrative support functions.  Refer to 89 Ill. Adm. Code 240.905.

 

M)       A discussion of the plan of the proposed area agency(ies) for developing, maintaining, and monitoring an effective Case Coordination/Case Management System, as specified in Section 240.950, in the Planning and Service Area.

 

4)         Within thirty (30) days of receipt of the above material, the completed application shall be filed within the Illinois Department on Aging.

 

5)         Upon receipt of the completed application, the Director shall appoint a review team, composed of Department staff, whose purpose shall be the review of the application for completeness and content.

 

6)         Within thirty (30) days following receipt of the application, the review team shall complete its review of the application and shall forward to the Director a section-by-section critique of the application including any requests for additional or clarifying information, if needed.

 

7)         Within fifteen (15) days of receipt of the review team's recommendations, the Director shall communicate to the applicant in writing:

 

A)        a section-by-section critique of the application which may include a request for additional or clarifying information; and

 

B)        a decision concerning future actions to be taken by the Department, which will be either a statement of the dates of a public hearing pursuant to subsection (g)(4)(H) or a statement that the application has been rejected as unresponsive, in which case the communication shall inform the applicant of his right to a fair hearing upon request pursuant to 89 Ill. Adm. Code 220.500 and Section 230.440 of this Part.

 

8)         If the decision by the Department is to hold a public hearing and proceed with designation, said public hearing shall be conducted by the Department in the geographic area for which an application has been filed within thirty (30) days of the written notice of decision.

 

A)        At least ten (10) days before the hearing, notice shall be published in the official State newspaper and in a newspaper of general circulation within the proposed Planning and Service Area.

 

i)          The notice in the newspaper shall state that the purpose of the hearing is to obtain the views of older persons, public officials, service providers, and other interested parties, on the proposed application.

 

ii)         Said notice shall also state that comments may be introduced, either orally or in writing, and that additional information concerning the Planning and Service Area designation may be obtained from the Department.

 

B)        The presiding officer at the public hearing shall be the Director or other person designated by the Director.

 

C)        The Department will produce verbatim transcription of all testimony, a copy of which shall be available for public inspection at the main office of the Department.

 

D)        The testimony received at the public hearing shall be summarized and provided to the Director who will consider it along with all other information in the possession of the Department in arriving at a decision relative to a preliminary designation of the organization or agency as the Area Agency on Aging.

 

9)         Within thirty (30) days of the public hearing, the Department, by certified mail, will notify applicant of its approval or denial of the application based upon the criteria set forth in subsections (g)(3) and (g)(4)(C).

 

10)         If the application is denied, the notice shall state the reasons for denial.  Said notice shall further state that, if the applicant wishes to appeal the denial, it must request, and obtain, a hearing, pursuant to 89 Ill. Adm. Code 220.500 et seq. and Section 230.440 of this Part.

 

11)         If, after a hearing by the Department, the ruling is adverse to the applicant, applicant may appeal this action to the Commissioner on Aging within thirty (30) days of receipt of the hearing decision, pursuant to 45 CFR 1321.47 (May 1, 1985).

 

12)         If, after review of the application and the conduct of a public hearing, the Department makes a preliminary decision to approve the application, the applicant shall be notified of the preliminary approval and Letters of Intent to apply as the Area Agency on Aging will be solicited.  Final approval of the application will be subject to ratification of an amendment to the Illinois Act on the Aging changing the Planning and Service Area boundaries (Ill. Rev. Stat., 1983, ch. 23, par. 6103.08).

 

13)         Approved applications shall be submitted as a State Plan amendment to the State Council on Aging and the Governor.  The Governor shall review the document and shall affix his signature thereto, if he approves same.

 

14)         The resulting State Plan amendment, approved and signed by the Governor, must be submitted to the Commissioner on Aging at least forty-five (45) days before the proposed effective date, as required by 45 CFR 1321.13 (May 1, 1985).  No amendment will be considered by the Commissioner on Aging unless it is signed by the Governor.

 

15)         The basis for the designation of each Planning and Service Area will be documented by the Department.

 

e)         For the purposes of this Section, Planning and Service Areas shall be as follows:

 

1)         Area 1, which is comprised of the counties of Jo Daviess, Stephenson, Winnebago, Boone, Carroll, Ogle, DeKalb, Whiteside and Lee;

 

2)         Area 2, which is comprised of the counties of McHenry, Lake, Kane, DuPage, Kendall, Will, Grundy and Kankakee;

 

3)         Area 3, which is comprised of the counties of Rock Island, Mercer, Henry, Bureau, LaSalle, Putnam, Henderson, Warren, Knox and McDonough;

 

4)         Area 4, which is comprised of the counties of Stark, Marshall, Peoria, Woodford, Fulton and Tazewell;

 

5)         Area 5, which is comprised of the counties of Livingston, Iroquois, McLean, Ford, DeWitt, Piatt, Champaign, Vermilion, Macon, Moultrie, Douglas, Edgar, Shelby, Coles, Clark and Cumberland;

 

6)         Area 6, which is comprised of the counties of Hancock, Schuyler, Adams, Brown, Pike and Calhoun;

 

7)         Area 7, which is comprised of the counties of Mason, Logan, Cass, Menard, Scott, Morgan, Sangamon, Christian, Greene, Macoupin, Montgomery and Jersey;

 

8)         Area 8, which is comprised of the counties of Madison, Bond, St. Clair, Clinton, Monroe, Washington and Randolph;

 

9)         Area 9, which is comprised of the counties of Fayette, Effingham, Marion, Clay and Jefferson;

 

10)         Area 10, which is comprised of the counties of Jasper, Crawford, Richland, Lawrence, Wayne, Edwards, Wabash, Hamilton and White;

 

11)         Area 11, which is comprised of the counties of Perry, Franklin, Jackson, Williamson, Saline, Gallatin, Union, Johnson, Pope, Hardin, Alexander, Pulaski and Massac;

 

12)         Area 12, which is comprised of the City of Chicago in Cook County; and

 

13)         Area 13, which is comprised of the county of Cook outside of the City of Chicago.

 

(Source:  Amended at 10 Ill. Reg. 5787, effective March 27, 1986)

 

Section 230.50  Incorporation By Reference

 

Materials of an agency of the United States or of a nationally or State recognized organization or association incorporated by reference in this Part do not include any later editions or amendments beyond the date specified.

 

(Source:  Added at 49 Ill. Reg. 1984, effective February 4, 2025)

SUBPART B: AREA AGENCIES ON AGING

 

Section 230.110  Designation and Function

 

a)         The Department shall designate an area agency on aging in each planning and service area designated by the Department pursuant to Subpart A, Section 230.40(g) of this Part, in which the Department decides to allocate funds, based upon the following:

 

1)         The Department shall act to designate an organization or agency as the area agency on aging only when changes in the existing Planning and Service Areas result in the creation of a new Planning and Service Area for which no area agency on aging has been designated, or when the Department withdraws designation from a currently designated area agency on aging (pursuant to standards and procedures specified in Section 230.140) resulting in a Planning and Service Area for which no area agency on aging exists.

 

2)         In order to be eligible for designation by the Department as an area agency on aging, an organization or agency:

 

A)        Shall be one of the following:

 

i)          an established office on aging which is operated within the Planning and Service Area; or

 

ii)         any office or agency of a unit of general purpose local government which office or agency is designated for the purpose of serving as an area agency on aging by the chief elected officials of such unit; or

 

iii)        any office or agency of a unit of general purpose local government, within the Planning and Service Area, which office or agency is designated for the purpose of serving as an area agency on aging by the chief elected officials of any combination of units of general purpose local government to act on behalf of such combination for such purpose; or

 

iv)        any other public or private nonprofit agency in the Planning and Service Area which can demonstrate the capability to develop and administer a comprehensive and coordinated system of services and serve as the advocate and focal point for older persons in the Planning and Service Area.  (45 CFR 1321.63)

 

B)        Shall provide a letter of intent to apply to be the area agency on aging for a planning and service area designated pursuant to Subsection 230.40(g) and to include documentation that the agency meets the requirements of Subsection 230.110(a)(2)(A).

 

3)         In designating an area agency on aging, the Department shall give the right of first refusal to a unit of general purpose local government if such unit can meet the requirements of subsection (a)(2) above and the boundaries of the area are reasonably contiguous.  In addition, the Department will give preference to an established office on aging unless the Department finds that no such office will have the capability to carry out the area plan.  (P.L. 98-459, Section 305 (b)(5)(B))

 

4)         If an organization proposing to serve as an area agency on aging is a multi- purpose agency with responsibilities that go beyond programs for the elderly, it shall delegate all its authority and responsibility as an area agency on aging to a single organizational unit within the organization.

 

5)        

A)        Within fifteen (15) days of receipt of a Letter of Intent, the Department, by registered mail, will forward to the address specified in the Letter of Intent, a copy of 45 CFR 1321 (October 1, 1981), a copy of Section 230.110, and an application for designation as an Area Agency on Aging. The application shall require information that addresses the applicant's ability and capability to perform the functions and responsibilities of an Area Agency on Aging.  At a minimum, the application will require responses to the following:

 

i)          A certified copy of the resolution, ordinance, or other action, authorizing the submission of the application.  No application will be considered as complete without such certification, and no action will be taken thereon.

 

ii)         A thorough description of the nature of the applicant, including the type of organization or agency, its major purpose and any significant subsidiary roles, past experience and expertise in the field of aging service, and a description of the organizational unit responsible for the development of the application.

 

iii)        A map of the Planning and Service Area and a discussion of location of the proposed Area Agency on Aging and any problems or benefits attendant to the location.

 

iv)        A discussion of the agency's or organization's knowledge of key census and population data in the Planning and Service Area.

 

v)         A discussion of the views of units of general purpose local government within the Planning and Service Area, including letters of support from those units, and a description of the process used to obtain those views.

 

vi)        A listing of priority issues of older persons in the Planning and Service Area, including a description of the process used to obtain those views and the process used in prioritization.

 

vii)       A narrative discussion of the capacity of the applicant to respond to the needs and issues identified in the Planning and Service Area, including the applicant's ability to provide adequate financial resources and its ability to develop service systems and resources.

 

viii)      An inventory of existing aging programs in the Planning and Service Area, and the views of current providers, regarding the applicant's acceptability as the Area Agency on Aging.

 

ix)        A discussion of the applicant's ability and capacity to perform an Area Agency's role as a planning, administering, and monitoring agency, as opposed to a direct service delivery agency.

 

x)         A discussion of the applicant's ability to perform Community Care Program Administrative Support Functions.

 

xi)        A discussion of the applicant's plan for developing, maintaining, and monitoring an effective Case Coordination/Case Management System in the Planning and Service Area.

 

B)        Upon receipt of the completed application, the Director shall appoint a review team, composed of Department staff, whose purpose shall be the review of the application for completeness and content.

 

C)        Within thirty (30) days following receipt of the application, the review team shall complete its review of the application and shall forward to the Director:

 

i)          A section-by-section critique of the application including any requests for additional or clarifying information, if needed.

 

ii)         A recommendation for performing an on-site assessment of the applicant pursuant to Sub-Section 230.110(a)(5)(E).

 

D)        Within fifteen (15) days of receipt of the review team's recommendations, the Director shall communicate to the applicant:

 

i)          A section-by-section critique of the application which may include a request for additional or clarifying information; and,

 

ii)         A decision concerning future actions to be taken by the Department, which will be either a statement of the proposed dates of an on-site assessment of the applicant, pursuant to Sub-Section 230.110(a)(5)(E), or a statement that the application has been rejected as unresponsive.

 

E)        In order to make a determination regarding designation in a way which will be efficient, appropriate, and equitable, the Department shall take whatever actions it deems necessary to verify the information contained in the application, which shall include a determination through an on-site assessment of the capacity of the applicant to carry out all the functions of an Area Agency on Aging, as specified in the application and in the Older Americans Act of 1965 (42 U.S.C.A. 5001).

 

F)         Based on the actions taken and information obtained in this Sub-Section, the Director shall make a decision regarding the intent to designate an Area Agency on Aging:

 

i)          A decision not to proceed with the intent to designate the applicant as the Area Agency on Aging shall be transmitted to the applicant by certified mail, return receipt requested.

 

ii)         A decision to proceed with the intent to designate the applicant as the Area Agency on Aging shall follow the procedures stated in Sub-Section 230.110(a)(6).

 

6)         Prior to designation of an area agency on aging:

 

A)        Pursuant to subsection (a)(1) above, the Director shall at least 210 days prior to the beginning of the next area agency on aging grant year issue a written notice of intent to designate an organization or agency as the area agency on aging within a particular Planning and Service Area. This notice shall be processed as follows:

 

i)          The notice shall be transmitted to the proposed area agency on aging.

 

ii)         The notice shall be transmitted to the currently designated area agency on aging, if applicable,

 

iii)        The notice shall be transmitted to the chief elected officials of units of general purpose local government in the Planning and Service Area.  The chief elected officials shall be requested to present their views to the Director in writing within thirty (30) days of being notified.  Receipt of such views shall be promptly confirmed by the Director in writing.  In the absence of a response from the chief elected officials in the Planning and Service Area, the Director shall proceed with the process of designation.

 

iv)        The notice shall be published in a newspaper of general circulation in the Planning and Service Area and in the official newspaper of the State of Illinois.

 

B)        The notice of intent to designate an organization or agency in a Planning and Service Area as the area agency on aging shall comply with all of the following:

 

i)          The notice shall identify the organization or agency to be designated as the area agency on aging in the Planning and Service Area.

 

ii)         The notice shall state the reason for the issuance of intent to designate.

 

iii)        The notice shall announce that a public hearing(s) shall be held in the Planning and Service Area so as to afford the public an opportunity to give testimony regarding the intent to designate.

 

iv)        The notice shall contain the time, the place, and a brief description of the conduct of the hearing(s) and the name, telephone number, and address of the person to be contacted regarding the offering of testimony.

 

v)         The notice shall contain any other information which the Director deems necessary.

 

C)        Public hearing(s) shall be held relative to designation of the organization or agency as the area agency on aging within the Planning and Service Area.

 

i)          Public hearing(s) shall be conducted within forty-five (45) days of the transmittal of the notice of intent to designate the area agency on aging in as many locations as needed to assure convenient public access within the Planning and Service Area but shall not be conducted sooner than fifteen (15) days after publication of the notice of intent to designate.

 

ii)         The presiding officer at the public hearing(s) shall be the Director or other person designated by the Director.

 

iii)        The Department shall produce verbatim transcription of all testimony, a copy of which shall be available for public inspection at the main office of the Department.

 

iv)        The testimony received at the public hearing(s) shall be summarized and provided to the Director who will consider it along with all other information in the possession of the Department in arriving at a decision relative to a preliminary designation of the organization or agency as the area agency on aging.

 

D)        At least 150 days prior to the beginning of the next grant year, a preliminary decision regarding designation shall be provided to the organization or agency seeking designation as the area agency on aging in the Planning and Service Area.

 

i)          The Director shall notify the organization or agency in writing of the preliminary decision to designate it as the area agency on aging in the Planning and Service Area.

 

ii)         The organization or agency so notified shall thereupon submit the assurances required by the Department.  Such assurances shall be in writing and consist of a reaffirmation of the intent of the organization or agency to perform the functions and carry out the responsibilities of an area agency on aging set forth in Subsection 230.110(a)(5) and shall be submitted by the organization or agency within fifteen (15) days of receipt of the preliminary decision to designate.

 

7)         Upon receipt and acceptance of the assurances required in subsection 230.110(a)(6)(E)(ii) above and at least 120 days prior to the beginning of the next area agency on aging grant year, the Director shall:

 

A)        Notify the organization or agency of its designation as the area agency on aging in the Planning and Service Area for the coming grant year.

 

B)        Notify the chief elected officials of the units of general purpose local government in the Planning and Service Area of the designation of the organization or agency as the area agency on aging.

 

C)        Publish a notice of designation in newspapers of general circulation in the planning and service area and in the official newspaper of the State of Illinois.

 

b)         Each area agency on aging shall have the following functions within the particular planning and service area:

 

1)         Develop and administer an area plan for a comprehensive and coordinated system of services; and

 

2)         Serve as the advocate and focal point for older persons.

 

(Source:  Amended at 9 Ill. Reg. 5297, effective April 8, 1985)

 

Section 230.120  Administration

 

For the purposes of meeting the requirements of this subpart each designated area agency on aging shall meet the following administrative requirements:

 

a)         Procedures

 

1)         Each area agency on aging shall develop and adhere to written procedures that meet procedural requirements specified by the Department for the purpose of carrying out its designated function.

 

2)         If an area agency on aging is not an areawide A-95 clearinghouse, the area agency on aging shall seek to enter into a memorandum of agreement with the areawide A-95 clearinghouse(s) for the particular designated planning and service area for the purpose of proposed coordination of the planning activities of both entities.

 

b)         Director

            Each area agency on aging shall have a full-time director who meets the qualifications specified by the controlling body of the area agency on aging.

 

c)         Other Staff

            Each area agency on aging shall have an adequate number of other qualified staff in order to meet its designated functions as specified in this Part.

 

d)         Staffing Plan

            Each area agency on aging shall have on file for review a staffing plan that identifies the number and types of staff assigned to carry out the responsibilities and functions of the area agency on aging as specified in this Part.

 

e)         Preference in Hiring

            Subject to the requirements of Intergovernmental Personnel Act Programs (5 CFR 900), the area agency on aging shall give preference in hiring to persons age 60 and over.

 

f)         Affirmative Action

            Each area agency on aging shall follow an affirmative action program which complies with 5 CFR 900.607.

 

Section 230.130  Area Plans

 

Each area agency on aging shall develop an area plan in accordance with 45 CFR 1321, Subpart F.

 

a)         Area Plan Requirements

            Each area agency on aging shall develop an area plan for a three-year period specified by the Department.

 

1)         The area plan shall be submitted in accordance with the uniform area plan format and other instructions issued by the Department.

 

2)         The area plan shall provide for the development of a comprehensive and coordinated service delivery system for social and nutrition services in which the area agency on aging enters into cooperative arrangements with other service planners and providers within the planning and service area for the purpose of:

 

A)        Facilitating access to and utilization of all existing services; and

 

B)        Effectively and efficiently developing social and nutrition services to meet the needs of older persons.

 

b)         Service Delivery Requirements

            Each area plan shall provide that the service delivery requirements are met within the planning and service area, as specified in this Part for:

 

1)         Giving preference to older persons with greatest economic or social needs;

 

2)         Restricting direct provision of services;

 

3)         All service providers concerning licensure, safety, (Refer to Section 230.230), training, outreach, coordination, preference to those with greatest economic or social need, contributions, maintenance of non-Federal support for services, and advisory role for older persons (Refer to Section 230.240);

 

4)         Multipurpose senior centers activities;

 

5)         Nutrition services;

 

6)         Legal services;

 

7)         Information and referral services; and

 

8)         Transportation services.

 

c)         Fiscal Requirements

            Each area plan shall provide that 50 percent of the social service allotment for the planning and service area is expended for priority services as required by 45 CFR 1321.187.

 

d)         Public Hearing

 

1)         The area agency on aging shall hold at least one public hearing on the area plan and all amendments to the area plan.

 

2)         The area agency on aging shall submit the area plan and all amendments to the area plan for review and comment by the area agency advisory council and to the State A-95 clearing-house and the areawide A-95 clearinghouse(s) for the particular designated planning and service area.

 

e)         Department Approval

            In accordance with procedures established by the Department, each area agency on aging shall submit the area plan and all amendments to the area plan to the Department for approval.

 

f)         Subgrants and Contracts for Services

            The area agency on aging shall provide all services under this Part by the use of subgrants or contracts unless a specific waiver of this requirement is received in writing from the Department prior to the provision of services.

 

Section 230.140  Withdrawal of Area Agency on Aging Designation

 

The Department may under certain conditions withdraw designation as an area agency on aging.

 

a)         The Department shall act to withdraw designation of an organization or agency as the area agency on aging within a particular Planning and Service Area when it determines that the currently designated area agency on aging will not be able to comply with the assurances originally given by that area agency on aging for the coming area agency on aging grant year. Circumstances which shall lead to initiation of an action to withdraw designation as an area agency on aging may include but shall not be limited to the following:

 

1)         There is on-going failure of the area agency on aging to meet any of the requirements of a substantive (i.e., essential to the effective administration of the program) Federal or State statute, rule or regulation.

 

2)         Disapproval by the Department of the area plan or any amendments to the area plan;

 

3)         A finding by the Department that the area agency on aging's administration or provisions of its approved area plan fails to comply with the requirements of 45 CFR 1321 (1984 and does not include any later amendments or editions.);

 

4)         Receipt by the Department of written statements by agencies, organizations, or units of general purpose local government in the particular Planning and Service Area including the area agency on aging itself requesting withdrawal of designation as the area agency on aging and providing justification therefore.  The Department reserves the right to reject any requests received pursuant to this paragraph which are accompanied by justifications deemed inadequate or spurious;

 

b)         In order to make a determination regarding withdrawal of designation as an area agency on aging which will be efficient, appropriate, and equitable, the Department shall take action which shall include, but not be limited to, consideration of the following:

 

1)         the impact of withdrawal of designation on the provision of services within the affected Planning and Service Area;

 

2)         the comments of the Advisory Council of the currently designated area agency on aging;

 

3)         all information and findings obtained pursuant to subsection (a) above;

 

4)         all other pertinent information in the possession of the Department.

 

c)         Prior to making a preliminary decision regarding withdrawal of designation, the Department shall conduct an informal conference with the area agency on aging to review the issues and facts which have served as the basis for consideration of withdrawal of area agency on aging designation.  The results of the conference shall be in writing and transmitted to the area agency on aging.  The notification of results of the conference shall set forth the facts ascertained and shall outline the subsequent actions to be taken by the Department.

 

d)         Pursuant to subsections (a), (b), and (c) above:

 

1)         The Director shall, at least 240 days prior to the effective date of withdrawal of designation, issue a written notice of intent to withdraw designation from the area agency on aging.  The notice shall:

 

A)        be transmitted to the currently-designated area agency on aging in the affected Planning and Service Area;

 

B)        be transmitted to the chief elected official of units of general purpose local government in the Planning and Service Area.  The Chief elected officials shall be requested to present their views to the Director in writing within thirty (30) days of being notified.  In the absence of a response from the chief elected officials in the Planning and Service Area, the Director  shall proceed with the process of withdrawal of designation;

 

C)        be published in newspapers of general circulation in the affected Planning and Service Area and in the official newspaper of the State of Illinois;

 

D)        state the reason for the issuance of intent to withdraw designation;

 

E)        announce that a public hearing will be held in the affected Planning and Service Area so as to afford the public an opportunity to give testimony regarding the intent to withdraw designation;

 

F)         contain the time, place, and a brief description of the conduct of the hearing, as well as the name, telephone number, and address of the person to be contacted regarding the offering of testimony;

 

G)        contain any other information which the Director  deems necessary.

 

2)         The Department shall hold public hearing(s) within forty-five (45) days of the notice of intent to withdraw designation from the area agency on aging in as many locations as are needed to assure convenient access within the affected Planning and Service Area but such hearing(s) shall not be conducted sooner than fifteen (15) days after publication of the notice of intent to withdraw designation.

 

A)        The presiding officer at the public hearing(s) shall be the Director or other person designated by the Director.

 

B)        The Department will produce verbatim transcription of all testimony, a copy of which shall be available for public inspection at the main office of the Department.

 

3)         The Director shall within fifteen (15) days of the date of the last public hearing held issue a preliminary decision regarding withdrawal of designation.  This preliminary decision shall state the reasons for the decision and shall be communicated in writing to:

 

A)        the currently-designated area agency on aging;

 

B)        the chief elected officials of units of general purpose local government in the affected Planning and Service Area.

 

4)         In the event that the decision of the Director is to withdraw designation of the area agency on aging, the Director shall inform the area agency on aging of the right to request a hearing before the Department, conducted pursuant to Section 230.440 et. seq., in regards to the decision.

 

A)        The request for a hearing shall be in writing and shall be received by the Department within thirty (30) days of the area agency on aging's receipt of the Director's preliminary decision to withdraw designation.

 

B)        If the currently-designated area agency on aging fails to request a hearing, the preliminary decision shall become final.

 

5)         No later than 100 days prior to the effective date of withdrawal of designation, the Director shall publish a notice of a final decision regarding withdrawal of designation as an area agency on aging.  The final decision to withdraw designation shall be based upon:

 

A)        consideration of all information obtained pursuant to subsections (a), (b) and (c) above;

 

B)        all testimony received at the public hearings held pursuant to subsection (d)(2) above; and

 

C)        all testimony received at the hearing held pursuant to subsection (d)(4) above, if any.

 

e)         In order to guarantee the uninterrupted provision of services whenever circumstances in a designated Planning and Service Area render the designated area agency on aging immediately incapable of developing an area plan and to carry out, directly or through contractual arrangements a program in accordance with the area plan within the entire Planning and Service Area, the Department shall take all appropriate action, including but not limited to acting immediately to withdraw designation of an organization or agency as the area agency on aging on an interim emergency basis.  Such withdrawal of designation shall remain in effect as long as necessary, but in no case longer than 180 days.

 

f)         Within the 180 day period, specified in subsection (e) above, the Department shall make a final decision regarding withdrawal of designation as area agency on aging within the affected Planning and Service Area.  In so doing the Department will follow procedures specified in subsection (d) above, except that it will not be required to act within the time limits specified.

 

(Source:  Amended at 9 Ill. Reg. 5297, effective April 8, 1985)

 

Section 230.145  Continuity of Services

 

For a period of up to 180 days after the final decision to withdraw designation as an area agency on aging pursuant to Section 230.140, unless extended up to an additional 180 days by the Commissioner of the Administration on Aging, if necessary to ensure continuity of services in the Planning and Service Area, the Department may:

 

a)         Perform the responsibilities of an area agency on aging for the Planning and Service Area; or

 

b)         Assign the responsibilities of the area agency on aging to another agency within the Planning and Service Area.

 

(Source:  Added at 9 Ill. Reg. 5297, effective April 8, 1985)

 

Section 230.150  Area Agency on Aging Responsibilities

 

Each area agency on aging shall have the following responsibilities:

 

a)         Advocacy Responsibilities

            In performing its stated function of advocate for older persons, an area agency on aging shall throughout the planning and service area:

 

1)         Monitor, evaluate, and comment on all policies, programs, hearings, levies, and community actions which affect older persons;

 

2)         Conduct public hearings on the needs of older persons;

 

3)         Represent the interests of older persons to public officials, public and private agencies or organizations;

 

4)         Carry out activities in support of the State administered long-term care ombudsman program; and

 

5)         Coordinate planning with other agencies and organizations to promote new or expanded benefits and opportunities for older persons.

 

b)         General Planning and Management Responsibilities

            The area agency shall:

 

1)         Develop and administer an area plan for a comprehensive and coordinated service delivery system in the planning and service area, in compliance with all applicable laws and regulations, including all requirements of this Section;

 

2)         Assess the kinds and levels of services needed by older persons in the planning and service area, and the effectiveness of the use of resources in meeting these needs;

 

3)         Award subgrants or enter into contracts to provide all services under the area plan;

 

4)         Provide technical assistance, monitor, and periodically evaluate the performance of all service providers under the area plan;

 

5)         Coordinate the administration of the area plan with Federal, State, and Local resources in order to develop a comprehensive and coordinated service system;

 

6)         Establish an advisory council;

 

7)         Give preference in the delivery of services under the area plan to older persons with the greatest economic or social need.

 

8)         Assure that older persons in the planning and service area have reasonably convenient access to information and referral services;

 

9)         Provide adequate and effective opportunities for older persons to express their views to the area agency on policy development and program implementation under the area plan;

 

10)         Have outreach efforts to identify older persons and inform them of the availability of services under the plan;

 

11)         If possible, have arrangements with children's day care organizations so that older persons can volunteer to help provide the day care;

 

12)         If possible, have arrangements with local educational agencies, institutions of higher education, and nonprofit private organizations, to use the services provided older individuals under the community schools program of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 236 et seq.);

 

13)         Develop and publish the methods that the agency used to establish priorities for services, particularly those associated with access to other services, in-home services, and legal services;

 

14)         Establish procedures governing outreach, training and coordination activities of service providers;

 

15)         Attempt to involve the private bar in legal services activities, including groups within the private bar that furnish legal services on a pro bono and reduced fee basis; and

 

16)         Designate, if feasible, community focal points.

 

c)         Area Agency on Aging Advisory Council

            Each area agency on aging shall establish an advisory council for the purpose of advising the area agency on aging in carrying out those functions specified in this Part.

 

1)         The area agency on aging advisory council shall be composed of:

 

A)        More than 50 percent older persons and include:

 

i)          Older persons with greatest economic or social need; and

 

ii)         Participants in programs administered under this Part;

 

B)        Representatives of older persons;

 

C)        Local elected officials; and

 

D)        The general public.

 

2)         The area agency on aging shall develop and make public by-laws which specify:

 

A)        The role and function of the advisory council;

 

B)        The number of members of the advisory council;

 

C)        Procedures for selection of the members of the advisory council;

 

D)        The term of membership of the advisory council; and

 

E)        The frequency of meetings of the advisory council.

 

d)         Coordination With Other Programs

            To carry out its responsibility to develop a comprehensive and coordinated service delivery system, each area agency on aging shall establish effective and efficient procedures to coordinate with:

 

1)         Health systems agencies designated under Title XV of the Public Health Services Act; and

 

2)         Agencies administering the following programs:

 

A)        The Comprehensive Employment and Training Act of 1973 (29 U.S.C. 801 et seq.);

 

B)        Title II of the Domestic Volunteer Act of 1973 (43 U.S.C. 5001 et seq.);

 

C)        Titles II, XVI, XVII of the Social Security Act (42 U.S.C., Chapter 7);

 

D)        Sections 231 and 232 of the National Housing Act (12 U.S.C.);

 

E)        The United States Housing Act of 1937 (42 U.S.C. 1401 et seq.);

 

F)         Section 202 of the Housing Act of 1959 (12 U.S.C. 1501 et seq.);

 

G)        Title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301);

 

H)        Section 222(a)(8) of the Economic Opportunity Act of 1964 (42 U.S.C. 2701 et seq.);

 

I)         The community schools program under the Elementary and Secondary Education Act of 1965 (20 U.S.C. 236 et seq.); and,

 

J)         Sections 3, 5, 9, and 16 of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601).

SUBPART C: SERVICE REQUIREMENTS