OFFICE OF AGING AND DISABILITY SERVICES RULEMAKING

OFFICE OF AGING AND DISABILITY SERVICES RULEMAKING

This message provides notice of rulemaking by the Office of Aging and Disability Services.

Rules and related rulemaking documents may be reviewed at, or printed from, the OADS?website?at https://www.maine.gov/dhhs/oads/about-us/policy-planning?or for a fee, interested parties may request a paper copy of rules by calling (207) 287-7055 or Maine Relay number 711.

During the comment period, please submit written comments to the agency contact person identified below for this filing. Email submissions are encouraged. Interested parties may request a paper copy of this proposed rule by calling (207) 287-7055 or Maine Relay number 711.

Additional information regarding the rulemaking process and weekly rulemaking updates can be found on the Secretary of State website.

Notice of Agency Rulemaking

AGENCY: Department of Health and Human Services, Office of Aging and Disability Services

CHAPTER NUMBER AND TITLE: (1) Repeal and Replace of 10-149 C.M.R. ch 5, ? 65, Nutrition Services with 10-149 C.M.R. ch. 6 ? 5, Nutrition Services Program; and (2) Amend 10-149 C.M.R. Chapter 5, Introduction, Table of Contents, Rule History

TYPE OF RULE: Routine Technical?????????????????????????

BRIEF SUMMARY:

Repeal and Replace of 10-149 C.M.R. ch 5, ? 65, Nutrition Services with 10-149 C.M.R. ch. 6 ? 5, Nutrition Services Program

The Department proposes to repeal and replace 10-149 C.M.R. Chapter 5, Section 65 with 10-149 C.M.R. Chapter 6, Section 5.? The purpose of this proposed rulemaking is to update the Department?s nutrition services rule in accordance with the requirements outlined in the 2020 reauthorization of the Older Americans Act, 42 U.S.C. ?? 3001, et seq. This proposed rule also removes outdated references to the Bureau of Elder and Adult Services and provides additional clarity around eligibility requirements for older adults to receive nutrition services.?

Nutrition services authorized by the rule are provided by Area Agencies on Aging (AAAs) that are under contract with the Department?s Office of Aging and Disability Services (OADS), or by their subcontractors.? Nutrition services regulated under this rule are funded by block grants from the Administration for Community Living (?ACL?) in the U.S. Department of Health and Human Services.?

The proposed rule states operational requirements for providers, including:

maximizing the number of eligible individuals who are provided an opportunity to receive nutrition services;
outreach, intake, and information and assistance/referral services in conformance with 10-149 C.M.R. ch. 5, ??67;
the creation and maintenance of wait lists for nutrition services, if necessary;
when and how providers may seek voluntary contributions from recipients for the cost of meals;
why and how providers of nutrition services may deny, reduce, or terminate nutrition services for individuals;
minimum nutritional requirements for meals and compliance with the State of Maine Food Code, 10-144 C.M.R. ch. 200;
reporting of food borne illness;
menu planning and the provision of special meals when possible to meet recipients? dietary, religious, and cultural requirements and preferences;
recipient satisfaction surveys;
group purchasing and other cost-saving measures;
necessary contents of subcontracts for nutrition services;
designation of full-time Nutrition Directors and consultation with registered dietitians;
preparation and distribution of nutrition manuals establishing procedures relating to sanitation, food handling and storage, reporting of food borne illness and handling medical and other emergencies; and
data collection and reporting.

Imposing these requirements on AAAs and their subcontractors enables OADS to comply with the Older Americans Act and with the Department?s block grants from the ACL.?

10-149 C.M.R. Chapter 5, Introduction, Table of Contents, Rule History:?

The Department proposes to (1) update the Introduction; (2) delete the Section 65 Table of Contents from the Chapter 5 Table of Contents; and (3) update the Rule History.?

Date, time and location of PUBLIC HEARING (if any): Wednesday, November 16, 2022, at 11 am.

Due to the ongoing threat posed by COVID-19, DHHS has determined that its public hearings will be conducted solely remotely, via ZOOM.? This is in accordance with the DHHS Remote Rulemakings Hearings Policy issued September 10, 2021.? To register, please use this link:

https://mainestate.zoom.us/meeting/register/tZ0vcumvqzsrGtM0mNe8MwjvdPaOWjecXesr

After registering, you will receive a confirmation email containing information about joining the hearing. Interpreter services will be provided during the hearing upon request.

COMMENT DEADLINE: Monday, November 28, 2022, at 11:59 pm

CONTACT PERSON FOR THIS FILING (include name, mailing address, telephone, fax, TTY, email):

Joseph Zamboni, Policy and Program Developer

Maine Department of Health and Human Services

Office of Aging and Disability Services

41 Anthony Avenue????????????????????????????????????????????????????????? ???????

11 State House Station

Augusta, Maine 04333-0011

EMAIL: [email protected]

PHONE: (207) 446-2804

FAX: (207) 287-9929

TTY: 711 (Deaf or Hard of Hearing)

CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT (if different): N/A

FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES (if any):?The Department does not anticipate that this rulemaking will have an impact on municipalities or counties.

STATUTORY AUTHORITY FOR THIS RULE: 22 M.R.S. ?? 42(1), 5106(10)

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):

AGENCY WEBSITE: https://www.maine.gov/dhhs/oads

EMAIL FOR OVERALL AGENCY RULEMAKING LIAISON:

[email protected]