C.F.R. » Title 45 » CHAPTER XIII—ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—THE ADMINISTRATION FOR COMMUNITY LIVING › PART 1321—GRANTS TO STATE AND COMMUNITY PROGRAMS ON AGING › Subpart B—State Agency Responsibilities

45 C.F.R. § 1321.7

Organization and staffing of the State agency

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(a) The State shall designate a sole State agency to develop and administer the State plan required under this part and part 1324 of this chapter and to serve as the effective and visible advocate for older adults within the State.

(b) The State agency shall have an adequate number of qualified staff to fulfill the functions prescribed in this part.

(c) The State agency shall establish, contract, or otherwise arrange with another agency or organization as permitted by section 307(a)(9)(A) of the Act (42 U.S.C. 3027(a)(9)(A)), an Office of the State Long-Term Care Ombudsman. Such Office must be headed by a full-time Ombudsman and consist of other staff as appropriate to fulfill responsibilities as set forth in part 1324, subpart A, of this chapter.

(d) If a State statute establishes an Ombudsman program which will perform the functions of section 307(a)(9)(A) of the Act (42 U.S.C. 3027(a)(9)(A)), the State agency continues to be responsible for assuring that the requirements of this program under the Act and as set forth in part 1324, subpart A, of this chapter, are met, notwithstanding any additional requirements or funding related to State law. In such cases where State law may conflict with the Act, the Governor shall confirm understanding of the State agency's continuing obligations under the Act through an assurance in the State plan.

(e) The State agency shall have as set forth in section 307(a)(13) (42 U.S.C. 3027(a)(13)) and section 731 of the Act (42 U.S.C. 3058j) and 45 CFR part 1324, subpart C, a Legal Assistance Developer, and such other personnel as appropriate to provide State leadership in developing legal assistance programs for older individuals throughout the State.

Notes of Decisions
Cited in 2 cases, 1992–2005 · leading case: Silo v. Commonwealth, 886 A.2d 1193 (Pa. Commw. Ct. 2005).
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Silo v. Commonwealth, 886 A.2d 1193 (Pa. Commw. Ct. 2005). “45 C.F.R. § 1321.7 (a). As an inmate of a state correctional institution, Silo is not the intended beneficiary of the services designed to serve older persons in the community.”
Bel-O-Mar Interstate Plan. Comm'n v. West Virginia Comm'n on Aging, 423 S.E.2d 867 (W. Va. 1992). · cites it 4× “First, it is quite clear that while WVCOA is given primary responsibility under 45 C.F.R. § 1321.7 (a) for implementing the state plan, 5 it is required to designate area agencies to perform much of the actual work under 45 C.”
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