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September 01, 2022
The Bureau of Aging, Community Living, and Supports (ACLS Bureau) is requesting a waiver from the Administration for Community Living (ACL) under the requirements from Section 316 for our regular Older Americans Act and American Rescue Plan Title III-B minimum proportion requirements and the Title III-E Kinship minimum proportion requirement for Fiscal Year 2023. In order to receive approval from the ACL, a public comment period is required. We are asking for your responses as soon as possible. The ACLS Bureau is requesting a waiver of the requirements for both Title III-B and Title III-E funding sources to allow for maximum flexibility for the State Unit on Aging and the area agencies on aging.
The minimum proportion requirements contained within Title III-B are 10% Access, 10% In-Home, and 6.5% Legal. The minimum proportion requirement within Title III-E is 5% Kinship.
Public comment is open from September 1, 2022, to September 30, 2022. Please submit comments via email to Amy Colletti.
The ACLS Bureau’s draft of the letter to the ACL is below:
Amy Wiatr-Rodriguez, MSW
Regional Administrator
Administration for Community Living
233 N Michigan Ave, Suite 1300
Chicago IL, 60601-5527
Dear Ms. Wiatr-Rodriguez,
The Michigan Department of Health and Human Services’ Bureau of Aging, Community Living, and Supports (ACLS Bureau)), under the provisions of the Older Americans Act (OAA) requirements from Section 316, is requesting a waiver to the minimum proportion requirements identified in Section 306(a)(2) and Section 307(a)(2) for the Project Period: 10-01-2022 to 09-30-2023.
Under Section 307(a)(2)(C), Michigan specifies a minimum proportion of funds to be spent by each area agency. Each area agency provides assurances, according to section 306(a)(2), that an adequate proportion will be expended on access, in-home, and legal services. The waiver would hold Michigan harmless at the end of the Project Period if the state or its area agencies cannot meet minimum proportion requirements due to transfer of funds or funding use flexibilities granted during the Major Disaster Declaration. The waiver would be for the regular OAA and the American Rescue Plan Act (ARP) Title III-B minimum proportion requirements for FY 2023. The minimum proportion waived requirements are within the minimum requirements for Title IIIB: 10 percent access, 10 percent in-home, and 6 1/2 percent legal services.
In response to your request, information on how the ACLS Bureau, as the State Unit on Aging (SUA) for Michigan, has met the four OAA requirements under Section 316 is provided below:
“(a) IN GENERAL—The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that—
1. approval of the State legislature has been obtained or is not required with respect to the proposal for which waiver is sought.
Approval of the Michigan state legislature is not required with respect to the proposal for which the waiver is sought.
2. the State agency has collaborated with the area agencies on aging in the State and other organizations that would be affected with respect to the proposal for which waiver is sought.
Michigan area agencies on aging support of the proposed waiver.
3. The proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the State (and a summary of all of the comments received has been included in the application); and the public comment proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the State (and a summary of all of the comments received is included below).
The ACLS Bureau’s public comment period on this proposal was from August 19, 2022 to September 19, 2022. A summary of all public comments received is provided below: TBD
4. The state agency has given adequate consideration to the probable positive and negative consequences of approval of the waiver application, and the probable benefits for older individuals can reasonably be expected to outweigh any negative consequences, or particular circumstances in the State otherwise justify the waiver.”
Due to the COVID-19 declared emergency in Michigan, having the waiver for fiscal year 2023 would give probable positive benefits to the Michigan AAA network and flexibilities granted during the Major Disaster Declaration. The benefits outweigh any negative consequences or circumstances in the State. The ACLS Bureau is requesting a waiver of the requirements for both regular OAA and ARP Title III-B minimum proportion requirements funding sources to allow for maximum flexibility to the SUA and the area agencies on aging.
The ACLS Bureau is respectfully submitting the request to meet the OAA requirements from Section 316 as provided. Should you have any questions, please contact Amy Colletti at (517) 230-6362 or at collettia@michigan.gov.
Sincerely,
Bureau of Aging, Community Living, and Supports