ACL Releases New OAA Guidance on AAA Contracts and Commercial Relationships

• By: USAging
• On: 11/15/2024 10:27:54
• In: Policy & Advocacy

Last week, ACL published subregulatory guidance regarding the implementation of the OAA regulations that pertain to Section 212 of the Act, which provides guidelines for AAAs entering into contracts and commercial relationships with health care entities and others, as well as the SUA's role in these activities. The new guidance builds on § 1321.9(c)(2)(xiv) of the regulations, offering additional explanation of ACL's interpretation of the law and concrete examples as to when AAAs should seek prior approval from SUAs to pursue contracts, which is dependent on the funding source (OAA vs. non-OAA funding), the clients served, the services provided and more.  
 
We appreciate ACL publishing this additional guidance to clarify expectations under their regulatory interpretation of OAA Section 212. However, USAging is still advancing our OAA reauthorization recommendation to prevent SUA overreach and ensure maximum AAA flexibility to enter into contracts and commercial relationships when no OAA funding is used. A bipartisan proposal based on our recommendation is included in the Senate's OAA reauthorization bill (S. 4776) and USAging will continue to champion its passage this year or in the next Congress if necessary. 
 
ACL recently held a webinar to review this new guidance; the recording and slides will be available in the coming weeks at acl.gov/OAArule.