321—28.9 (231,249H) Disbursement of SLTF funds to AAA subcontractors.
	 28.9(1) Use of SLTF funding by subcontractors.
	  a.   	 Funds contracted by an AAA from the SLTF shall be used to provide long-term care services to enhance the ability of Iowans aged 60 and over with low or moderate income to appropriately avoid or delay institutionalization.
	  b.   	 An AAA subcontractor may use client participation for services funded under Iowa Code section 249H.7 for persons with moderate income or above if the subcontractor does not receive Older Americans Act funding for the same service category.
	  c.   	 The AAA subcontractor shall not use senior living trust funds to replace existing funding for a long-term care service. The AAA may grant an exception in order to enhance access to a service if the displaced funding is subsequently dedicated by the subcontractor to another long-term care service for the elderly and results in an increase in total funding for long-term care services by the subcontractor to seniors that is equal to the senior living trust fund dollars used for replacement.
	 28.9(2) Prioritization of service contracts. The AAA may prioritize service contracts and funding levels by applying criteria that include, but are not limited to, the following:
	  a.   	 Local priorities in order to fulfill unmet needs.
	  b.   	 The provider’s commitment to obtain or provide matching funds.
	  c.   	 Provider commitment to use client participation.
	  d.   	 Cost.
	  e.   	 The provider’s history of providing quality service.
	 28.9(3) Criteria to receive funds as a subcontractor of an AAA.
	  a.   	 The applicant for senior living trust funds must demonstrate that the proposed long-term care alternative service(s):
	 (1) 	 Will be responsive to the service priorities identified by the AAA; or
	 (2) 	 Will address other significant unmet service needs of eligible seniors as documented by the applicant.
	  b.   	 The applicant must document the ability to provide the proposed services and the related administration, financial tracking and reporting required by a subcontractor under these rules.
	  c.   	 The subcontractor must agree to meet the criteria set out in this subrule in addition to criteria established by the AAA in its request for proposal and contract.
	  d.   	 The subcontractor shall ensure that all employees providing in-home care to clients have had a dependent adult abuse and criminal history background check and have been cleared for said functions in accordance with Iowa Code section 135C.33.
	  e.   	 Senior living trust funds shall not be contracted to a provider that has been prohibited from participating in the Medicare or medical assistance programs.
	  f.   	 The subcontractor shall commit to seeking third-party reimbursement when available.
	 28.9(4) Disbursements of funds to AAA subcontractors.
	  a.   	 Method. AAA may use the method or methods of disbursing funds determined to best ensure effective provision of services that will address documented unmet needs, including contracts, grants, vouchers and direct services.
	 (1) 	 Provider applications shall be due at the respective AAA office by the date given in the request for proposal for review and possible approval by the AAA.
	 (2) 	 Funds shall be disbursed by the AAA following the receipt of funds from the department.
	  b.   	 For subsequent state fiscal years, SLTF service dollars appropriated under Iowa Code section 249H.7 shall be disbursed to subcontractors through the area plan process as described in 321 IAC 5.