26 Tex. Admin. Code § 213.203 - Nutrition Services
(a) Purpose. This
section establishes the requirements for nutrition services, a service provided
under Older Americans Act and funded, in whole or in part, by HHSC.
(b) Policy. Nutrition services must be
provided in compliance with all HHSC policies established by authority of Older
Americans Act §305(a)(1)(C) (42 U.S.C.
§
3025(a)(1)(C)),
relating to organization and responsibilities of the State.
(c) Eligibility and assessment. A AAA must
ensure that a person who receives a nutrition service is:
(1) 60 years of age or older; or
(2) eligible in accordance with Older
Americans Act §339(2)(H) (42 U.S.C. §
3030g-21(2)(H)) and
§339(2)(I) (42 U.S.C. §
3030g-21(2)(I)) and assessed
for eligibility as required by Older Americans Act §339(2)(J)
(42
U.S.C. §
3030g-21(2)(J)) and the AAA
Policies and Procedures Manual.
(d) Nutrition screening. A AAA must conduct
or ensure a meal provider conducts nutrition screening for a person receiving a
nutrition service as required by Older Americans Act §339(2)(J)
(42
U.S.C. §
3030g-21(2)(J)).
(e) Meal requirements. A AAA must ensure that
a meal provider serves meals that comply with Older Americans Act
§339(2)(A) (42 U.S.C. §
3030g-21(2)(A)), relating to
Dietary Guidelines for Americans, dietary reference intakes, and adjustments to
meet special dietary needs of persons receiving nutrition services, and with
the AAA Policies and Procedures Manual policies related to menus, standard
recipes, and approval of menus.
(f)
Service days. A AAA must ensure that meals are provided in accordance with
Older Americans Act §331 (42
U.S.C. §
3030e) and §336
(42 U.S.C.
§3030f), and with the AAA Policies and
Procedures Manual policies, related to serving fewer than five meals a
week.
(g) Delivery of multiple
meals. A AAA must complete or ensure that a meal provider completes a
Determination of Type of Meal assessment in compliance with the AAA Policies
and Procedures Manual for each person who receives other than hot meals or
receives multiple meals at one time to determine the person can safely handle
the type of meals to be delivered.
(h) Facilities and food service. A AAA must
ensure that a meal provider:
(1) complies
with 25 TAC Chapter 228 (relating to Retail Food) and 25 TAC Chapter 229
(relating to Food and Drug) in training staff, and the preparation, handling,
and delivery of food; and
(2)
provides a copy of all facility inspection results required by state law or
rule to the AAA.
(i)
Nutrition Services Incentive Program. A AAA must ensure that a meal provider:
(1) complies with the Older Americans Act
§311 (42 U.S.C. §
3030a), relating to the Nutrition Services
Incentive Program; and
(2) includes
eligible meals in reports to HHSC through which Nutrition Services Incentive
Program cash is calculated as earned for distribution to AAAs.
(j) Voluntary contributions. A AAA
must ensure that a meal provider complies with Older Americans Act §315(b)
(42 U.S.C. §
3030c-2(b)), §
213.151(l) of
this chapter (relating to AAA Administrative Responsibilities), and the AAA
Policies and Procedures Manual policies relating to voluntary
contributions.
(k) Meal cost
recovery. A AAA must ensure that a meal provider:
(1) posts the cost of a meal for purposes of
cost recovery as described in paragraph (2) of this subsection;
(2) recovers, at a minimum, the cost of a
meal that is served to a person who is not eligible for a meal funded by the
Older Americans Act; and
(3) keeps
payments for a meal served to an ineligible person separate from voluntary
contributions from an eligible person.
(l) Holding time. A AAA must ensure that a
meal provider complies with state and local laws for the safe and sanitary
handling of food.
(1) A AAA must ensure that
a congregate meal provider does not allow more than four hours to expire from
the time the provider:
(A) removes hot food
from temperature control and the time the provider serves the hot food;
or
(B) removes cold food from
temperature control and the time the provider serves the cold food.
(2) A AAA must ensure that a home
delivered meal provider limits the amount of time meals are in transit and does
not allow more than four hours to expire from the time the provider:
(A) removes hot food from temperature control
and the time the provider delivers the hot food; or
(B) removes cold food from temperature
control and the time the provider delivers the cold food.
(m) Nutrition outreach. A AAA must
ensure that a meal provider develops and maintains a written outreach plan
giving priority to people described in the Older Americans Act §306(a)(1)
(42
U.S.C. §
3026(a)(1)).
(n) Nutrition education. In accordance with
the Older Americans Act §339(2)(J) (42 U.S.C. §
3030g-21(2)(J)), a AAA must
ensure that an eligible person is provided with nutrition education annually
and, if appropriate, nutrition counseling.
(o) Political activity. A AAA must ensure
that a meal provider does not:
(1) use a
congregate meal site for political campaigning except in those instances where
a representative from each political party running in the campaign is given an
equal opportunity to participate; or
(2) distribute political materials at a
congregate meal site.
(p) Religious activities and prayer. A AAA
must ensure that a meal provider does not:
(1) allow a prayer or other religious
activity to be officially sponsored, led, or organized by a staff person of a
congregate meal site; or
(2)
prohibit a person from praying silently or audibly at a congregate meal site if
the person so chooses.
(q) Monitoring.
(1) A AAA must monitor meal providers in
compliance with 40 TAC §83.19(f), §
213.151(e) of
this chapter, and the AAA Policies and Procedures Manual.
(2) A AAA must ensure that the Department of
State Health Services or the local health authority, as applicable, monitors a
food preparation site, at least annually.
(3) A AAA must ensure that the meal provider
submits the written report of the food preparation site monitoring to the
AAA.
(r) Emergencies and
disasters. A AAA must ensure that a meal provider develops a plan and written
procedures for emergencies and disasters to keep food, facilities, and
equipment available to the extent possible, for people participating in the
nutrition services program, in accordance with the AAA Policies and Procedures
Manual policies giving priority to people 60 years of age or older.
(s) Subcontracting by a meal provider. A AAA
must require a meal provider to obtain written approval from the AAA before the
meal provider contracts with any entity for meal preparation or service
delivery.
(t) Adoption by
reference. HHSC adopts by reference as requirements for nutrition services the
following:
(1) OAA §§306(a)(1)
(42
U.S.C. §
3026(a)(1)),
311(42 U.S.C. §
3030a), 315(b) (42 U.S.C. §
3030c-2(b)),
331(42
U.S.C. §
3030e), 336(42 U.S.C.
§
3030f, and 339(2) (42 U.S.C. §
3030g-21(2)), as amended
through
Public Law
116-131 , enacted March 25, 2020; and
(2) the AAA Policies and Procedures Manual,
adopted effective January 15, 2021.
Notes
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