Revision 13-0; Effective September 3, 2013

40 Texas Administrative Code, Section 55.39.

4910 Retention of Contract-Related Records, Rule

Revision 13-0; Effective September 3, 2013

40 Texas Administrative Code, Section 69.158.

4920 Nutrition Services Incentive Program Policies

Revision 13-0; Effective September 3, 2013

The Administration on Aging (AoA) uses Nutritional Services Incentive Program (NSIP) reports to determine the OAA NSIP funds allotted to Texas. These funds are used to purchase additional OAA eligible meals in the following federal fiscal year (FFY).

DADS has elected to receive NSIP cash in lieu of commodities for the state of Texas. All providers who receive either Area Agencies on Aging (AAA) funding or Title XX funding benefit from the NSIP cash DADS receives. Title XX HDM providers are not eligible for NSIP funds if they receive donations from U.S. Department of Agriculture (USDA) commodities and may not solicit funds from meal recipients if food received by the HDM provider include USDA donated food.

NSIP policy requires Title XX HDM providers to ask individuals for voluntary donations towards the cost of the meals. Title XX HDM program rules, 40 Texas Administrative Code §55.41, will be revised to allow for requests for funds from individuals to voluntarily make donations towards the cost of the meal.

Title XIX HDM individuals are not included in the counts for NSIP funds and the HDM provider must not solicit funds from individuals receiving Title XIX funded meals.

4921 Reporting Requirements for NSIP Eligible Meals

Revision 13-0; Effective September 3, 2013

This section contains instructions for common providers and for provider agencies receiving Title XX funding.

To be eligible for Nutritional Services Incentive Program (NSIP) funds:

  1. Meals must be served to:
    • A person 60 years of age or older.
    • A spouse (regardless of age) of a person 60 years of age or older who is receiving an NSIP eligible meal.
  2. Meals must meet the minimum nutritional requirements:
    • Contain a minimum of 33 1/3% of the dietary reference intakes (DRIs) daily recommended dietary allowances RDA), as stated in Section 339 of the Older Americans Act.
    • Comply with the most recent Dietary Guidelines for Americans, with the most recent DRIs established by the Department of Aging and Disability Services for Texas.
    • Be based on menus that have prior approval by a dietitian licensed by the Texas State Board of Examiners of Dieticians or who has a degree in food and nutrition, dietetics or food service management.
  3. The provider agency must not charge a fee to a meal recipient.
  4. The provider agency may accept contributions in accordance with rule 40 Texas Administrative Code Section 55.41(b).

4921.1 Title XX Individual Contributions to Meals

Revision 13-0; Effective September 3, 2013

The following procedures are to be used by Title XX HDM providers when requesting donations from Title XX HDM individuals. These same procedures are used by Area Agencies on Aging (AAA) HDM providers.

Title XX HDM providers:

  • must provide an individual with an opportunity to donate toward the cost of the meal;
  • must not require an individual to donate towards the cost of the meal;
  • may provide an individual with a donation schedule that only suggests an amount based on the income range of the program population being served, but may not determine an individual's income using an income test;
  • must protect the individual's privacy with respect to the individual's donations;
  • must establish appropriate procedures to secure and account for all donations made; and
  • must use all of the individual's donations to support or expand services for which the individual donated, in accordance to state and federal laws, rules and regulations.

HDM providers are responsible for ensuring individuals receiving Title XX HDM do not feel pressured or harassed to contribute to the cost of meals. Historically, individuals receiving Title XX HDM have lower incomes and decreased ability to contribute to the cost of services.

4921.2 Common Providers

Revision 13-0; Effective September 3, 2013

Common providers must prepare two separate reports for Nutritional Services Incentive Program (NSIP) eligible meals.

Common providers must report all Title XX meals monthly using the procedures outlined below.

What to Report: The number of Title XX meals provided in the previous month. 
Required Form: Form 2071, Monthly Report of Nutrition Services Incentive Program (NSIP) Eligible Meals and Title XX Meals. 
Report To: DADS contract manager. 
Due Date of Report: 10th of each month. 
Common Providers must report all Area Agency on Aging (AAA) meals and all other NSIP eligible meals using the procedures outlined below. 
What to Report: The number of AAA meals and all other NSIP eligible meals provided in the previous month. 
Required Form: Use the method established by the AAA. 
Report To: Designated AAA contact. 
Due Date of Report: Established by the AAA.

4921.3 DADS Title XX-Only Provider Agencies

Revision 13-0; Effective September 3, 2013

Provider agencies receiving Title XX funds must prepare a single monthly report of Nutritional Services Incentive Program (NSIP) eligible meals. Monthly reporting must include Title XX meals as well as other NSIP eligible meals using the procedures outlined below.

What to Report: The number of NSIP eligible Title XX meals and other NSIP eligible meals provided in the previous month. 
Required Form: Form 2071, Monthly Report of Nutrition Services Incentive Program (NSIP) Eligible Meals and Title XX Meals. 
Report To: DADS contract manager 
Due Date of Report: 10th of each month.

DADS collects and aggregates this information in order to comply with OAA reporting requirements.

4922 Other Requirements

Revision 13-0; Effective September 3, 2013

Required Supporting Documentation

A provider agency participating in the NSIP program must maintain eligibility documentation as outlined in Form 2071, Monthly Report of Nutrition Services Incentive Program (NSIP) Eligible Meals and Title XX Meals, including site rosters and documented eligibility for all meals reported.

Department of Aging and Disability Services (DADS) contract management or Area Agency on Aging (AAA) staff, or both, will conduct on-site reviews to verify provider agencies are maintaining the required information. AAA or DADS contract management staff will each reconcile the information on the site roster and supporting documentation with the number of eligible meals reported. If errors are found, the provider agency may need to take corrective action.

Records Maintenance

A provider agency must maintain a copy of all documentation related to eligible meals reported as NSIP eligible, according to the terms of its contract or until all audits, claims or litigation have been resolved.