The Administration for Community Living (ACL) – the federal agency that administers the Older Americans Act (OAA) – develops regulations for implementation, which are official written rules that serve as a form of guidance for federal services and programs. Unlike laws, regulations are not required to be updated on a regular basis. In fact, the current OAA regulations were last updated in 1988, while the Act itself has been reauthorized five times since then!  

Without up-to-date regulations, there is potential for misinterpretation or variation in how laws are implemented. As such, renewing regulations is an important opportunity to improve them and ensure they include crucial priorities. Since 2022, ACL has been leading an effort to update and implement modernized regulations for OAA Title III, VI and VII programs and services to better reflect the law as currently authorized and the experiences of the people who rely on them.  

ACL convened multiple opportunities for stakeholder and public feedback over the last two years, and thanks to the interest, expertise and participation of our network, Meals on Wheels America was able to share valuable insights with ACL throughout the entire process. 

• In 2022, Meals on Wheels America submitted public comments in response to ACL’s Request for Information (RFI) for stakeholder input and recommendations regarding updates to the 1988 regulations.
• Last year, ACL issued a Notice of Proposed Rulemaking (NPRM) with the Administration’s proposed changes to the regulations, which reflected many years of engagement with the national aging network as well as input received through the RFI and a series of listening sessions that ACL held across the country. Meals on Wheels America thoroughly analyzed and assessed the NPRM and its potential impact on senior nutrition providers and submitted public comments on August 15, 2023. 
• Most recently this year, ACL issued the final rule with updated OAA regulations in the Federal Register on February 14, 2024. Meals on Wheels America President and CEO Ellie Hollander issued a statement recognizing the final rule and this milestone achievement for ACL and the OAA. Read more about the final rule in our press statement here.

We are encouraged by the valuable feedback shared by programs with frontline experience in providing services under these Titles but know there are still more improvements to make to the OAA. While the revised regulations take effect on March 15, 2024, entities will have until October 2025 to fully comply with new guidance. 

In our Advocacy Team’s review of the 450+ page regulatory document ahead of the official effective date, we’ve compiled several highlights from the rule below:

• We are encouraged to see the final rule contain clarifying language and policies, including clarification that:
  • Home-delivered meals may be provided via home delivery, pick-up, carry-out, or drive-through;
  • Eligibility for home-delivered meals is not limited to people who are “homebound;” criteria may depend upon many factors (including ability to leave home unassisted, ability to shop for and prepare nutritious meals, mental health, degree of disability or other relevant factors pertaining to their need for the service, including social and economic need);
  • Home-delivered meal participants may also be encouraged to participate in congregate meals programs;
  • Funds under Title III C-1 and C-2 can be used for nutrition education, nutrition counseling and other nutrition services.
  • States have the option to receive NSIP allocation grants as cash, commodities or a combination of both, and that funds can only be used to purchase domestically produced foods used in meals
  • Requirements for NSIP and language regarding the Intrastate Funding Formula that notes the speed at which NSIP funding must be disbursed, ensuring it is equitably and promptly distributed
• The rule incorporates positive language cautioning against transitioning money away from Title III-B and Title III-C services for which they were appropriated and intended by Congress was incorporated.
• The final rule did not incorporate our recommendation to require that state agencies, AAAs and local providers be aware of the definitions, uses and importance of culturally appropriate meals, medically tailored meals, fresh produce, and locally sourced food, as included in the statute.
• Additionally, the rule did not incorporate new language or policies that we recommended, including:
  • Clear wording to permit and even encourage the distribution of leftovers
  • Use of person-centered culturally appropriate meals and medically tailored meals, and the expansion of menu choice
  • Guidance for pick-up, carry-out, drive-through or similar meal distribution systems to ensure that the direct service role, experience and expertise of community-based senior nutrition programs is fulfilling the purposes of Title III-C of the OAA

We will be sure to keep you informed about what the changes in the final rule could mean for your program and any upcoming opportunities for learning and information around implementing the new regulatory guidance. As part of a robust implementation and technical assistance plan, be sure to monitor announcements from ACL about webinars and other training events to prepare for the upcoming regulatory changes and requirements (see ACL Webinars in resources below). 

KEY RESOURCES  

• Older Americans Act Regulations Update and Final Rule, Meals on Wheels America Press Statement
• Final Rule (posted on the Federal Register)
• ACL Back to Basics Webinars: 
  • Feb. 8 Informational Webinar Recording and Slide Deck
  • Feb. 15 Webinar 1: Stewardship, Oversight, and Advocacy Responsibilities Recording and Slide Deck
  • Apr. 4 Webinar 2: Fiscal Policies and Procedures Registration
  • Late Spring 2024 Webinar 3: Title III-VI Coordination – more info to come! 
• ACL Resources:
  • HHS press release and ACL announcement 
  • ACL Infographic: Impact of the OAA
  • ACL Overview of the Final Rule
  • ACL Two-page Handout
• Advocacy Live on Meals on Wheels Connect: Updates to OAA Regulations (Recap and Recording)
• National Association of Nutrition and Aging Services Programs (NANASP) and Meals on Wheels America Webinar: Exploring the Future - Understand and Give Input on Proposed OAA Regulations (Slides and Recording)