Current through Vol. 42, No. 7, December 16, 2024
Section 340:105-10-95 - [Effective 9/14/2025] Intrastate funding formula(a)Policy. In consultation with Area Agencies on Aging (AAAs) and in accordance with guidelines issued by the Assistant Secretary for Aging of the Administration on Aging (AoA), the State Agency uses the best available data to develop and publish for review and comment a formula for distribution within the state of funds received under Title III that takes into account: (1) the geographical distribution of older persons in the state; and(2) the distribution among planning and service areas (PSAs) of older persons with greatest economic need and older persons with greatest social need, with particular attention to low income minority older persons.(b)Authority. The authority for this Section is Section 305 of the Older Americans Act (OAA) of 1965, as amended and Part 1321.37 of Title 45 of the Code of Federal Regulations.(c)Procedures. The State Agency implements this Section by: (1) obtaining input from the AAA, including demographic data, for use in developing the intrastate funding formula;(2) following guidelines from the regional office of AoA regarding development of the intrastate funding formula;(3) considering the geographic distribution among PSAs of persons 60 years of age and older in the development of the intrastate funding formula;(4) considering the distribution among PSAs of older persons in greatest economic need, based on older persons at or below the poverty level as defined by the United States Bureau of Census. Particular attention is paid to low income minority older persons and older persons residing in rural areas, in the development of the intrastate funding formula;(5) considering the distribution among PSAs of older persons in greatest social need. [OAC 340:105-10-3] Particular attention is paid to low income minority older persons and older persons residing in rural areas, in the development of the intrastate funding formula;(6) developing an intrastate funding formula that includes:(A) funds retained for state and AAA administration, and for the State Long-Term Care Ombudsman Program, including:(i) no more than five percent of Oklahoma's allocation of OAA Title III funds or $300,000, whichever is greater, retained by the State Agency for State Agency administrative costs, unless the total OAA Title III allocation to all states under Section 303 of the OAA exceeds $800,000,000, in which case the State Agency retains five percent of the state's Title III allocation, or $500,000, whichever is greater;(ii) no more than ten percent of the funds remaining after providing for State Agency administrative costs are awarded for meeting AAA administrative costs. In awarding administrative funds, each PSA is apportioned a minimum of $37,500 unless available funds are insufficient to provide for such an apportionment, in which case the available funds are distributed among the PSAs in equal shares. AAA administrative funds remaining, if any, after making this apportionment are allotted among PSAs in the same proportion as each PSA's age 60 and older population bears to the total state population age 60 and older; and(iii) no less than one percent of Oklahoma's OAA Title III, Part B allocation is retained for the Long-Term Care Ombudsman Program of the State Agency;(B) 50 percent of the funds remaining after providing for state and AAA administrative costs and for the Long-Term Care Ombudsman Program are apportioned among PSAs in the same proportion as each PSA's age 60 and older population bears to the total state population age 60 and older;(C) 50 percent of the funds remaining after the apportionment described in (B) of this paragraph are apportioned among PSAs in the same proportion as each PSA's age 60 and older population living at or below the poverty level bears to the total state population age 60 and older living at or below the poverty level;(D) all of the funds remaining after the apportionment described in (C) of this paragraph apportioned among PSAs in the same proportion as each PSA's age 60 and older population of minority racial descent bears to the total state population age 60 and older of minority racial descent;(E) PSAs containing no medically underserved areas are ineligible to receive funds appropriated specifically for disease prevention and health promotion services. Medically underserved areas mean medically underserved areas designated by the United States Department of Health and Human Services, Public Health Service Bureau of Health Care Delivery and Assistance, Office of Shortage Designation;(F) allotting each PSA no less than two percent of the sum of the funds apportioned in (B) through (D) of this paragraph;(G) allotting each PSA sufficient funds to meet the requirements of Section 307(a)(3)(B) of the OAA. Not less than the total of federal fiscal year 2000 expenditures were allotted to rural areas. Rural areas are defined as those counties not included in Standard Metropolitan Statistical Areas (SMSA), as determined by the United States Census Bureau. The amounts necessary to meet this requirement are: (ii) Association of South Central Oklahoma Governments (ASCOG) AAA - $914,127;(iii) Central Oklahoma Economic Development District (COEDD) AAA - $803,399;(iv) Eastern Oklahoma Development District (EODD) AAA - $1,149,319;(v) Grand Gateway AAA - $876,072;(vi) Kiamichi Economic Development District of Oklahoma (KEDDO) AAA - $812,873;(vii) Northern Oklahoma Development Authority (NODA) AAA - $578,108;(viii) Oklahoma Economic Development Authority (OEDA) AAA - $252,781;(ix) Southern Oklahoma Development Authority (SODA) AAA - $900,213;(x) South Western Oklahoma Development Authority (SWODA) AAA - $441,543; and(7) publishing the formula listed in this subsection for review and comment by the public. The publication includes: (A) a descriptive statement of the formula's assumptions and goals;(B) documentation regarding the application of greatest economic need;(C) documentation regarding the application of greatest social need;(D) a numerical statement of the actual funding formula to be used;(E) a listing of the population, economic, and social data used for each PSA; and(F) a demonstration of the allocation of funds to each PSA, pursuant to the funding formula;(8) submitting the formula to the federal Assistant Secretary for Aging for approval; and(9) implementing the formula in allocating all federal OAA funds.(d)Cross reference. See OAC 340:105-10-3.Okla. Admin. Code § 340:105-10-95
Added at 11 Ok Reg 673, eff 11-29-93 (emergency); Added at 11 Ok Reg 2771, eff 6-13-94; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 20 Ok Reg 938, eff 6-1-03; Amended at 23 Ok Reg 1062, eff 7-15-06Amended by Oklahoma Register, Volume 42, Issue 5, November 15, 2024, eff. 10/10/2024, exp. 9/14/2025 (Emergency)