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.