---
kind: "range"
citation: "45 C.F.R. §§ 1322.7–1322.17"
title: "45"
from: "1322.7"
to: "1322.17"
count: 6
url: "https://uscodex.org/cfr/45/1322.7..1322.17"
---

# §1322.7. Application approval.

- (a) Approval of any application under section 614(e) of the Act ([42 U.S.C. 3057e(e)](/usc/42/3057e.md?p=e)), shall not commit the Assistant Secretary for Aging in any way to make additional, supplemental, continuation, or other awards with respect to any approved application.
- (b) The Assistant Secretary for Aging may give first priority in awarding grants to grantees that have effectively administered such grants in the prior year.
- (c) Upon approval of an application and acceptance of the funding award, the Tribal organization or Hawaiian Native grantee is required to submit all performance and fiscal reporting as set forth by the Assistant Secretary for Aging on a no less than an annual basis.
- (d) If the Assistant Secretary for Aging disapproves of an application, the Assistant Secretary for Aging must follow procedures outlined in section 614(d) of the Act ([42 U.S.C. 3057e(d)](/usc/42/3057e.md?p=d)).

# §1322.9. Hearing procedures.


In meeting the requirements of section 614(d)(3) of the Act ([42 U.S.C. 3057e(d)(3)](/usc/42/3057e.md?p=d-3)), if the Assistant Secretary for Aging disapproves an application from an eligible organization, the eligible organization may file a written request for a hearing with the Departmental Appeals Board (DAB) in accordance with [45 CFR part 16](/cfr/45/part16.md).

- (a) The request shall be postmarked or delivered in person within 30 days of the date of the disapproval notice. If it requests a hearing, the eligible organization shall submit to the DAB, as part of the request, a full written response to each objection specified in the notice of disapproval, including the pertinent facts and reasons in support of its response, and all documentation to support its position as well as any documentation requested by the DAB.
- (b) Upon receipt of appeal for reconsideration of a rejected application or activities proposed by an applicant, the DAB will notify the applicant by certified mail that the appeal has been received.
- (c) The DAB may refer an appeal to its Alternative Dispute Resolution Division for mediation prior to making a decision. After consideration of the record, the DAB will issue a written decision, based on the record, that sets forth the reasons for the decision and the evidence on which it was based. A disapproval decision issued by the DAB represents the final determination of the Assistant Secretary for Aging and remains in effect unless reversed or stayed on judicial appeal, except that the Assistant Secretary for Aging may modify or set aside the decision before the record of the proceedings under this subpart is filed in court.
- (d) Either the eligible organization or the staff of the Administration on Aging may request for good cause an extension of any of the time limits specified in this section.

# §1322.11. Purpose of services allotments under Title VI.

- (a) Title VI of the Act authorizes the distribution of Federal funds to Tribal organizations and a Hawaiian Native grantee for the following categories of services:
  - (1) Supportive services;
  - (2) Nutrition services; and
  - (3) **Family caregiver support program services.**
- (b) Funds authorized under these categories are for the purpose of assisting a Tribal organization or Hawaiian Native grantee to develop or enhance comprehensive and coordinated community-based systems for older Native Americans and family caregivers.

# §1322.13. Policies and procedures.


The Tribal organization and Hawaiian Native grantee shall ensure the development and implementation of policies and procedures, including those required as set forth in this part.

- (a) Upon approval of a program application and acceptance of funding, the Tribal organization or Hawaiian Native grantee must appoint a Title VI Director and provide appropriate contact information for the Title VI Director consistent with guidance from the Assistant Secretary for Aging.
- (b) The Tribal organization or Hawaiian Native grantee shall provide the Assistant Secretary for Aging with statistical and other information in order to meet planning, coordination, evaluation and reporting requirements in a timely manner and shall ensure policies and procedures are aligned with periodic data collection and reporting requirements, including ensuring service and unit definitions are consistent with definitions set forth in these regulations, policy guidance, and other information developed by the Assistant Secretary for Aging.
- (c) A Tribal organization or Hawaiian Native grantee must maintain program policies and procedures. Policies and procedures shall address:
  - (1) **Direct service provision, including—**
    - (i) Requirements for client eligibility, periodic assessment, and person-centered planning, where appropriate;
    - (ii) **Access to information and assistance to minimally address—**
      - (A) Establishing or having a list of all services that are available to older Native Americans in the service area;
      - (B) Maintaining a list of services needed or requested by older Native Americans;
      - (C) Providing assistance to older Native Americans to help them take advantage of available services;
      - (D) Working with agencies, such as area agencies on aging and other programs funded by Title III and Title VII as set forth in §§ [1321.53](/cfr/45/1321.53.md) and [1321.69](/cfr/45/1321.69.md) of this chapter, to facilitate participation of older Native Americans; and
      - (E) A listing and definitions of services that may be provided by the Tribal organization or Native Hawaiian grantee with funds received under the Act.
    - (iii) Limitations on the frequency, amount, or type of service provided; and
    - (iv) The grievance process for older individuals and family caregivers who are dissatisfied with or denied services under the Act.
  - (2) **Fiscal requirements including—**
    - (i) **Voluntary contributions.** Voluntary contributions, where:
      - (A) **Each Tribal organization or Hawaiian Native grantee shall—** (1) Provide each older Native American with a voluntary opportunity to contribute to the cost of the service;

        (2) Protect the privacy of each older Native American with respect to their contribution;

        (3) Establish appropriate procedures to safeguard and account for all contributions;

        (4) Use all voluntary contributions to expand comprehensive and coordinated services systems supported under this part, while using voluntary contributions provided for nutrition services only to expand nutrition services, consistent with [§ 1322.27](/cfr/45/1322.27.md).

      - (B) Each Tribal organization or Native Hawaiian grantee may develop a suggested contribution schedule for services provided under this part. In developing a contribution schedule, the Tribal organization or Native Hawaiian grantee shall consider the income ranges of older Native Americans in the service area and the Tribal organization's or Hawaiian Native grantee's other sources of income. However, means tests may not be used.
      - (C) A Tribal organization or Hawaiian Native grantee that receives funds under this part may not deny any older Native American a service because the older Native American will not or cannot contribute to the cost of the service.
    - (ii) **Buildings and equipment.** Buildings and equipment, where costs incurred for altering or renovating, utilities, insurance, security, necessary maintenance, janitorial services, repair, and upkeep (including Federal property unless otherwise provided for) to keep buildings and equipment in an efficient operating condition, may be an allowable use of funds if:
      - (A) Costs are not payable by third parties through rental or other agreements;
      - (B) Costs support an allowed activity under Title VI part A, B, or C of the Act and are allocated proportionally to the benefiting grant program;
      - (C) Constructing and acquiring activities are only allowable for multipurpose senior centers;
      - (D) In addition to complying with [2 CFR part 200](/cfr/2/part200.md), the Tribal organization or Native Hawaiian grantee (and all other necessary parties) must file a Notice of Federal Interest in the appropriate official records of the jurisdiction where the property is located at the time of acquisition or prior to commencement of construction, as applicable. The Notice of Federal Interest must indicate that the acquisition or construction has been funded with an award under Title VI of the Act and that inquiries regarding the Federal Government's interest in the property should be directed in writing to the Assistant Secretary for Aging;
      - (E) Altering and renovating activities are allowable for facilities providing services with funds provided as set forth in this part and as subject to [2 CFR part 200](/cfr/2/part200.md).
    - (iii) **Supplement, not supplant.** Funds awarded under this part must be used to supplement, not supplant existing Federal, State, and local funds expended to support activities.
- (d) The Tribal organization or Hawaiian Native grantee must develop a monitoring process ensuring the quality and effectiveness of services regarding meeting participant needs, the goals outlined within the approved application, and Tribal organization requirements.

# §1322.15. Confidentiality and disclosure of information.


A Tribal organization or Hawaiian Native grantee shall develop and maintain confidentiality and disclosure procedures as follows:

- (a) A Tribal organization or Hawaiian Native grantee shall have procedures to ensure that no information about an older Native American or obtained from an older Native American by any provider of services is disclosed by the provider of such services in a form that identifies the person without the informed consent of the person or their legal representative, unless the disclosure is required by court order, or for program monitoring by authorized Federal or Tribal monitoring agencies.
- (b) A Tribal organization or Hawaiian Native grantee is not required to disclose those types of information or documents that are exempt from disclosure by a Federal agency under the Federal Freedom of Information Act ([5 U.S.C. 552](/usc/5/552.md)).
- (c) A Tribal organization or Hawaiian Native grantee shall not require a provider of legal assistance under this part to reveal any information that is protected by attorney client privilege.
- (d) The Tribal organization or Hawaiian Native grantee must have policies and procedures that ensure that entities providing services under this title promote the rights of each older Native American who receives such services. Such rights include the right to confidentiality of records relating to such Native American.
- (e) A Tribal organization's or Hawaiian Native grantee's policies and procedures may explain that individual information and records may be shared with other State and local agencies, community-based organizations, and health care providers and payers, as appropriate, in order to provide services.
- (f) A Tribal organization's or Hawaiian Native grantee's policies and procedures must comply with all applicable Federal laws, codes, rules, and regulations, including the Health Insurance Portability and Accountability Act (HIPAA) ([42 U.S.C. 1301](/usc/42/1301.md) et seq.), as well as guidance as the Tribal organization or Hawaiian Native grantee determines, for the collection, use, and exchange of both Personal Identifiable Information (PII) and personal health information in the provision of Title VI services under the Act.

# §1322.17. Purpose of services—person- and family-centered, trauma-informed.

- (a) Services must be provided to older Native Americans and family caregivers in a manner that is person-centered, trauma-informed, and culturally sensitive. Services should be consistent with culturally appropriate holistic traditional care and responsive to their interests, physical and mental health, social and cultural needs, available supports, and desire to live where and with whom they choose. Person-centered services may include community-centered and family-centered approaches consistent with the traditions, practices, beliefs, and cultural norms and expectations of the Tribal organization or Hawaiian Native grantee.
- (b) Services should, as appropriate, be consistent with culturally appropriate holistic traditional care and provide older Native Americans and family caregivers with the opportunity to develop a person-centered plan that is led by the individual or, if applicable, by the individual and the individual's authorized representative. Services should be incorporated into existing person-centered plans, as appropriate.
- (c) Tribal organizations and Hawaiian Native grantees should provide training to staff and volunteers on culturally appropriate holistic traditional care and person-centered and trauma-informed service provision.