Section 110. Direct services

A. An Area Agency on Aging shall not provide directly any supportive services or nutrition services except where, in the judgment of the Virginia Department for Aging and Rehabilitative Services, pursuant to a request for waiver as set forth in subsection B of this section, provision of such services by the area agency is necessary to assure an adequate supply of such services, or where such services are directly related to the area agency's administrative functions, or where such services of comparable quality can be provided more economically by the area agency.

B. An Area Agency on Aging shall request explicitly, in writing, a waiver to provide supportive services or nutrition services. The request for a waiver must include, at a minimum, the area agency's rationale for providing the service directly, including sufficient documentation that provision of such service by the area agency is necessary to assure an adequate supply of such service, or that such service is directly related to the area agency's administrative functions, or that such service of comparable quality can be provided more economically by the area agency.

C. Unless and until a waiver has been granted in writing by the Virginia Department for Aging and Rehabilitative Services, an Area Agency on Aging shall not provide or begin to provide any supportive or nutrition service using Older Americans Act, as amended, or state funds.

Historical Notes

Derived from Volume 29, Issue 02, eff. October 24, 2012.

Statutory Authority

§ 51.5-131 of the Code of Virginia; 42 USC § 3001 et seq.