ACL final rule updates Older Americans Act regulations

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The Administration for Community Living has released a final rule that updates regulations for implementing its Older Americans Act (OAA) programs for the first time since 1988, aiming to better support the national aging network that delivers OAA services and improve program implementation.

The rule, ACL said, aligns regulations to the current statute, addresses issues that have emerged since the last update and clarifies a number of requirements. The goal is to ensure the nation's growing population of older adults can continue to receive services and support in their homes.

"The overwhelming majority of Americans want to live in their own homes as they age, and almost 95% of them do," said Alison Barkoff, who leads the Administration for Community Living." For many, this is possible because of the programs and services provided through the Older Americans Act – such as rides to medical appointments, nutritious meals, in-home services, and support to family caregivers. The updated regulations strengthen the stability and sustainability of these programs, and we are looking forward to working with our partners in the aging network to implement them."

WHAT'S THE IMPACT?

There are a number of key provisions in the final rule, which clarifies requirements for state and area plans on aging and details requirements for coordination among tribal, state and local programs.

ACL said the rule also improves consistency of definitions and operations between state and tribal programs;

• Clarifies and strengthens provisions for meeting OAA requirements for prioritizing people with the greatest social and economic needs.
• Specifies the broad range of people who can receive services, how funds can be used, fiscal requirements and other requirements that apply across programs.
• Clarifies required state and local agency policies and procedures. For example, the final rule establishes expectations regarding conflicts of interest.

In addition, the final rule addresses emergency preparedness and response, and requires state agencies to maintain flexible and streamlined processes for area agencies on aging to receive approval to establish contracts and commercial relationships.

Other provisions include establishing expectations for legal assistance and activities to prevent elder abuse;

• Clarifying the role of the aging network in defending against the imposition of guardianship and in promoting alternatives to guardianship.
• Updating definitions, modernizing requirements and clarifying flexibilities within the OAA nutrition programs. For example, the rule allows for the continuation of innovations developed during the pandemic, such as providing carry-out meals through the congregate meals program (in some circumstances).

THE LARGER TREND

The ACL said the final rule was the culmination of intensive collaboration over many years with the national aging network. It also reflects input received through a request for information; a series of listening sessions, including consultations with tribes and other engagement with Native American grantees, and more than 780 comments received in response to the June 2023 Notice of Proposed Rule Making from a wide range of organizations in the aging and disability networks.

Jeff Lagasse is editor of Healthcare Finance News.
Email: jlagasse@himss.org
Healthcare Finance News is a HIMSS Media publication.