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A provider of congregate meals funded through the Older Americans Act (OAA), Title III, completes Form 2028 to request a waiver of the Texas Health and Human Services (HHS) requirement that the provider deliver a hot meal five days a week.
The waiver must address:
- the number of meal sites included in the waiver request;
- percentage of meal sites included in the waiver request;
- circumstances necessitating the waiver request; and
- the manner in which the persons and the general public will be notified if the pattern of meal service changes.
Shelf-stables meals provided during emergency or inclement weather situations do not require waiver approval. Shelf-stable meals will not be an approved alternate meal.
Basis for a Waiver Request – OAA, Title III, 40 Texas Administrative Code §85.302
(f) Service days. A AAA must ensure that a service provider:
(1) provides meals in accordance with the Older Americans Act, §331 and §336; and
(2) obtains, in accordance with HHS Program Instruction AAA - PI 300 Older Americans Act Nutrition Waiver Requests, prior approval from the AAA and HHS if service frequency is less than five days per week.
When to Prepare
Form 2028 is completed if a provider determines it is not feasible to serve meals five days a week in total among all congregate meal sites.
The provider must complete the form in its entirety and submit it to the area agency on aging (AAA) by the date specified at the beginning of the rate setting process and thereafter as needed. The waiver will be approved or denied and returned to the provider.
Name of Legal Entity — Enter the legal entity’s name as it appears on the contract.
Signature Authority — Enter the name of the person who has signature authority for the legal entity.
Mailing Address, City, State, ZIP Code — Enter the provider's address as it appears on the contract.
Area Agency on Aging Name, if applicable — Enter the name of the AAA for the provider.
Does the nutrition provider have an approved Congregate Meal Waiver for 2019? — Select “Yes” or “No” to indicate if the nutrition provider had an approved congregate meal waiver for 2019.
If no, how will the persons and the general public be notified of the change in the pattern of meal service? — Select one or more of the listed items to indicate how the provider will notify the general public if there is a change in the pattern of meal service. If Other is selected, explain the method used to by the provider.
Number of meal sites included in this waiver — Enter the number of meal sites included in the waiver.
Percentage of total meal sites included in the waiver — Enter the percentage of total meal sites included in the waiver.
The circumstances necessitating this waiver request — Select one or more of the listed circumstances to indicate why the provider is requesting a waiver. If Other is selected, explain the circumstances that make this waiver necessary.
Signature of Signature Authority — The person who has signature authority for the provider must sign on this line.
Date — Enter the date the person with signature authority for the provider signs the form.