(a) Purpose. This section establishes the process for a AAA to request approval to directly provide a service included in the AAA's area plan. In this section, to directly provide a service means to provide the service by a staff person or volunteer.
(b) Services requiring approval to directly provide. For each service listed in the Service Definitions for Area Agencies on Aging, found at DADS website, DADS states whether a AAA must obtain approval from DADS to directly provide the service. If a AAA is required to obtain such approval, the AAA must request approval in accordance with this section.
(c) Conditions for approval. In accordance with the Older Americans Act, §307(a)(8), DADS approves a AAA's request to directly provide a service only if:
  (1) the direct provision of the service by the AAA is necessary to ensure an adequate supply of the service;
  (2) the service is directly related to the AAA's administrative functions; or
  (3) the service can be provided more economically, and with comparable quality, by the AAA.
(d) Non-emergency request.
  (1) Unless the request for approval is made because of an emergency as described in subsection (e) of this section, a AAA must request approval to directly provide a service by:
    (A) submitting a written request to DADS that:
      (i) identifies the service the AAA is requesting to directly provide;
      (ii) identifies the conditions in subsection (c) of this section that are the basis for the AAA's request;
      (iii) includes an explanation supporting the condition identified by the AAA;
      (iv) if the condition identified by the AAA is the one in subsection (c)(3) of this section, includes information comparing:
        (I) the cost of directly providing the service with the cost of not directly providing the service; and
        (II) the quality of the service if directly provided with the quality of the service if not directly provided; and
      (v) states the period of time for which the AAA requests to directly provide the service; and
    (B) providing any additional information to DADS upon request.
  (2) If DADS grants approval of a AAA's request to directly provide a service, the approval is effective for the period of time stated in paragraph (1)(A)(v) of this subsection, not to extend past the effective period of the AAA's current area plan.
  (3) If DADS grants approval for a AAA's non-emergency request to directly provide a service, the AAA must amend its area plan to include a provision that the service is being directly provided by the AAA.
(e) Emergency request.
  (1) If a AAA is requesting approval to directly provide a service because an uncontrollable or unforeseen situation prevents immediate delivery of the service, the AAA must:
    (A) request provisional approval to directly provide the service by contacting the DADS AAA Section Manager by telephone and providing information to DADS as requested; and
    (B) if provisional approval is granted by DADS, request final approval to directly provide the service by:
      (i) submitting to DADS, within 36 hours after DADS grants provisional approval, a written explanation supporting the condition described in subsection (c)(1) of this section and a statement of the period of time for which the AAA requests to directly provide the service; and
      (ii) providing any additional information to DADS upon request.
  (2) If DADS grants provisional approval for a AAA to directly provide a service because of an emergency situation, the provisional approval is in writing and effective until DADS either grants or denies final approval.
  (3) If DADS grants final approval for a AAA to directly provide a service because of an emergency situation, the final approval is for a time period determined by DADS that:
    (A) does not exceed 180 days; or
    (B) does not extend past the effective period of the AAA's current area plan.
(f) Extension of approval period.
  (1) A AAA may request that DADS grant an extension of a time period that the AAA may directly provide a service, as described in subsections (d)(2) and (e)(2) and (3) of this section.
  (2) A AAA's request to grant an extension must be in writing and include an explanation of why the extension is necessary.
  (3) Based on the written request, DADS may grant an extension of an approval period that does not extend past the effective period of a AAA's current area plan.

Source Note: The provisions of this §213.155 adopted to be effective September 1, 2011, 36 TexReg 4811; transferred effective November 15, 2020, as published in the Texas Register October 30, 2020, 45 TexReg 7721