IN 1.6 General Provisions for Adult Day Care Centers

IN 1.6 General Provisions for Adult Day Care Centers

101 Pleasant St.

New Hampshire Department of EducationConcord, NH 03301

Bureau of Nutrition Programs and ServicesPhone: 603-271-3646

TITLE OF POLICY
Policy Group / Institution
Policy Section / General Institution Provisions
Policy Number / 1.6
Policy Name / General Provisionsfor Adult Day Care Centers
FROM / Cheri White, State Administrator, Bureau of Nutrition Programs and Services
APPLIES TO / Child and Adult Care Food Program
DATE / February 1, 2012

1)Purpose and Scope

A)The purpose of this policy is to describe the requirements of adult day care centers participating in the Child and Adult Care Food Program.

B)Included are procedures and deadlines to be followed by adult day care centers participating in the Child and Adult Care Food Program in New Hampshire including sponsorship, program design, definition of functionally impaired, license requirements, tax exempt status, meals served, claiming meals, food service, documentation, daily records, record maintenance, and recordkeeping.

2)Legal Requirements

Laws and regulations that serve as the basis for this policy include:

7CFR 226.19a

3) Independent or sponsored centers

A)Adult day care centers may participate in the Program either as independent centers or under the auspices of a sponsoring organization;

B)However, public and private nonprofit centers shall not be eligible to participate in the Program under the auspices of a for-profit sponsoring organization.

C)Adult day care centers participating as independent centers shall comply with the provisions of 7 CFR 226.15 which are stated in IN 1.1 General institution provisions.

4) Program design

A)Adult day care centers shall provide a community-based group program designed to meet the needs of functionally impaired adults through an individual plan of care.

B)The programshall be a structured, comprehensive program that provides a variety of health, social and related support services to enrolled adult participants.

5)Definition of functionally impaired adult

Functionally impaired adult means chronically impaired disabled persons 18 years of age or older, including victims of Alzheimer's disease and related disorders with neurological and organic brain dysfunction, who are physically or mentally impaired to the extent that their capacity for independence and their ability to carry out activities of daily living is markedly limited. Activities of daily living include, but are not limited to, adaptive activities such as cleaning, shopping, cooking, taking public transportation, maintaining a residence, caring appropriately for one's grooming or hygiene, using telephones and directories, or using a post office. Marked limitations refer to the severity of impairment, and not the number of limited activities, and occur when the degree of limitation is such as to seriously interfere with the ability to function independently.

6) Provide services directly or under another organization

Adult day care centers shall provide care and services directly or under arrangements made by the agency or organization whereby the agency or organization maintains professional management responsibility for all such services.

7)Licensing or approval

A)Adult day care centers shall have State approval to provide day care services to functionally impaired adults (as defined in 7CFR 226.2) or individuals 60 years of age or older in a group setting outside their home or a group living arrangement on a less than 24-hour basis.

B)Adult day care centers which are complying with applicable procedures to renew approval may participate in the Program during the renewal process, unless the Department has information which indicates that renewal will be denied.

8)Public or tax exempt

Except for proprietary title XIX or title XX centers, adult day care centers shall be public, or have tax-exempt status under the Internal Revenue Code of 1986.

9)Meals served

A)Each adult day care center participating in the Program shall serve one or more of the following meal types:

i)Breakfast,

ii)Lunch,

iii)Supper, and

iv)Supplemental food.

B)Reimbursement shall not be claimed for more than two meals and one supplement, or two supplements and one meal, provided daily to each adult participant.

10)Claiming meals

A)Each adult day care center participating in the Program shall claim only the meal types specified in its approved application in accordance with the meal pattern requirements specified in 7 CFR 226.20.

B)Participating centers may not claim CACFP reimbursement for meals claimed under part C of title III of the Older Americans Act of 1965.

C)Reimbursement may not be claimed for meals served to persons who are not enrolled, or for meals served to participants at any one time in excess of the center's authorized capacity, or for any meal served at a proprietary title XIX or title XX center during a calendar month when less than 25 percent of enrolled participants were title XIX or title XX beneficiaries.

D)Menus and meal production records required by the Department shall be maintained to document compliance with such requirements.

11)Food service

A)An adult day care center may obtain meals from a school food service facility;

B)The pertinent requirements of this policy shall be included in a written agreement between the center and school; and,

C)The center shall maintain responsibility for all Program requirements set forth in this policy.

12)Documentation

Adult day care centers shall collect and maintain documentation of the enrollment of each adult participant including information used to determine eligibility for free and reduced price meals in accordance with Sec. 226.23(e)(1).

13)Daily records

Each adult day care center shall maintain daily records of the number of meals by type (breakfast, lunch, supper, and supplements) served to enrolled participants, and to adults performing labor necessary to the food service.

14)Maintain records

A)Each adult day care center shall maintain records on the age of each enrolled person;

B)In addition, each adult day care center shall maintain records which demonstrate that each enrolled person under the age of 60 meets the functional impairment eligibility requirements established under the definition of “functionally impaired adult'' as described in section 5 of this policy;

C)Finally, each adult day care center shall maintain records which document that qualified adult day care participants reside in their own homes (whether alone or with spouses, children or guardians) or in group living arrangements as defined in 7CFR 226.2;

D)Maintain a current plan of care for each participant;

E)The center shall maintain time-in and time-out records for each participant.

15)Recordkeeping

Each adult day care center shall comply with the USDA and Departmental recordkeeping requirements. Failure to maintain such records shall be grounds for the denial of reimbursement.

Replaces
(or) Effective Date
(or) Revision Date / Signature
Original signed by Elaine VanDyke

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