Neb. Admin. Code tit. 481 — Community Services Block Grant Program

Chapter 1 Program Requirements

Neb. Admin. Code tit. 481, ch. 1 Program Requirements {#sec-481-nac-1 omnilex-key=us-ne-regs-official--title-481--481 NAC 1}

001. SCOPE AND AUTHORITY . These regulations govern the Community Services Block Grant (CSBG) Program. The Community Services Block Grant Program was created by the Economic Opportunity Act of 1964 and amended by Public Law 105-285, cited as the Coats Human Services Reauthorization Act of 1998.

002. DEFINITIONS . The following definition of terms will apply unless the context denotes otherwise:

002.01 DEPARTMENT. The Nebraska Department of Health and Human Services.

002.02 ELIGIBLE ENTITY. An eligible entity as defined in the Community Services Block Grant Act.

003. ELIGIBILE ENTITY REQUIREMENTS . Eligible entities receiving funds under the Community Services Block Grant Program must comply with federal statutes and regulations, state regulations, and the sub-award.

003.01 NONDISCRIMINATION AND EQUAL OPPORTUNITY. An eligible entity must not discriminate on the basis of race, color, national origin, religion, sex, familial status, disability, or age. The eligible entity must make known that use of the facilities and services are available to all on a nondiscriminatory basis. The eligible entity must have procedures to make known their policy of nondiscrimination. Eligible entities and recipients must also adopt procedures, which must be made available to interested persons, that contain information concerning the location of services and facilities that are accessible to persons with disabilities.

003.02 CONFIDENTIALITY. All eligible entities must adopt written policies to protect the confidentiality of all persons served. Confidentiality policies regarding persons served must be framed in the best interests of the client, and must include disclosure to the client of any potential sharing of information.

003.03 ACCESS TO RECORDS. All eligible entities must adopt written policies that identify those records which are available to the public, those records which are not available to the public, and the conditions under which records may be made available. The Department's intent is that information regarding the eligible entity's policies, financial operations, and operating effectiveness must be available to the public under reasonable conditions.

003.04 APPEALS PROCESS. All eligible entities must have a written appeals process through which clients or potential clients may appeal denials of service or improper provision of service. The appeals process should extend at least to the eligible entity's governing board.

004. ADMINISTRATIVE REQUIREMENTS . The Community Services Block Grant Program is administered in accordance with the federal statutes and regulations governing the program and the Department’s approved state plan. Eligible entities seeking to participate and receive funding, must complete and submit a Community Action Plan for evaluation and approval by the Department.

004.01 SELECTION AND COMPOSITION OF BOARD OF DIRECTORS. The eligible entity must ensure that a process is in place for the selection of members of the board in accordance with the Community Services Block Grant Act.

004.01(A) BOARD POWERS. The board must have all of the powers required under Nebraska Revised Statute, Chapter 21, Article 19, (The Nebraska Nonprofit Corporation Act) and its successors.

004.01(B) SELECTING REPRESENTATIVES OF THE SECTORS. The board must adopt a written plan which describes the procedures for selecting representatives for each of the three sectors of the board.

004.01(C) LIMITATIONS ON LENGTH OF SERVICE. The board must develop policies as to the length of time members may serve on the board.

004.01(D) CONFLICT OF INTEREST. The following individuals are considered to have a conflict of interest and must not serve on the board of directors:

(1) A person who is an officer or an employee of an organization contracting to perform a component of the work program funded by Community Services Block Grant;

(2) A paid employee of the eligible entity; and

(3) An employee of the Department.

004.01(D)(i) RESTRICTIONS. These restrictions may be waived by the Department.

004.01(E) PETITION FOR REPRESENTATION ON THE BOARD. Eligible entities must establish procedures allowing a petition for adequate representation if a low income individual, community organization, religious organization, or representative of low income individuals feels under-represented on the board.

004.01(F) ALTERNATES. The board may allow alternates to substitute for members. If alternates are allowed, the board must maintain written policies which specify:

(i) How alternates are selected;

(ii) The powers given alternates; and

(iii) The limitations placed on alternates.

004.01(G) FILLING VACANCIES. The board must maintain written policies that describe the procedures to be used in filling vacancies.

004.01(H) COMPENSATION. Although expense allowances for low income individuals and reimbursements to all members of the board for expenses are permitted, regular compensation to all members for their service on the board is not permitted.

004.02 ASSURANCES. Eligible entities must comply with all requirements as described in Section 676(b) of the Community Services Block Grant Act.

004.03 NEEDS ASSESSMENT. Eligible entities must conduct needs assessments periodically and must, incorporate data from these sources:

(A) Low-income residents;

(B) Local elected officials and other service agencies; and

(C) Statistical data.

004.04 RESULTS ORIENTED MANAGEMENT AND ACCOUNTABILITY (ROMA) REPORTS. Results Oriented Management and Accountability (ROMA) reports must be submitted to the Department as specified in the written agreement with each eligible entity.

004.05 PERSONNEL POLICIES. All eligible entities must maintain written personnel policies that address all state and federal requirements.

004.06 FUND ALLOCATION. No less than 90 percent of the Community Service Block Grant funds made available to the Department must be used by the Department to make grants to the eligible entities. The fund allocation plan will be reviewed every ten years using poverty information taken from the United States Census. On an annual basis, the Department will notify eligible entities of the allocation breakout by entity upon receiving information from the Office of Community Services on the amount of the state’s allocation. The Department will use up to five percent of the remainder for administration purposes and the remainder for discretionary purposes. The discretionary funds will be used according to the Community Services Block Grant Act and carried out according to written agreement with the United States Health and Human Services.

004.07 REPORTING REQUIREMENTS. Financial and program reports must be submitted according to the written agreements with each eligible entity.

004.08 SELF-EVALUATION REQUIREMENTS. Eligible entities must regularly evaluate the effectiveness and impact of their operations through peer reviews and other means, and report findings to the Department.

004.09 REVIEW REQUIREMENTS. Eligible entities must cooperate with the Department when the Department conducts an onsite review of their agency. These will occur at least every three years and may or may not be conducted simultaneously with a peer review. Other reviews as appropriate may be conducted, including reviews of entities with programs that have had federal, state, or local grants, other than assistance provided under this program, terminated for cause.

004.10 AUDIT REQUIREMENTS. Eligible entities must comply with the federal audit guidelines, including 45 Code of Federal Regulations (C.F.R.) Part 75.

004.11 RELATIONSHIPS WITH LOCAL OFFICIALS. Eligible entities are encouraged to maintain close working relationships with all elected officials in their service areas. Annually, eligible entities must inform the county boards in their service areas as to the programs and activities to be carried out.

004.12 ELIGIBLE ENTITY’S GRIEVANCE PROCESS. An eligible entity may file a grievance following any decision by the Department to reduce or withhold funding. The eligible entity’s grievance on the Department's decision must be filed within 30 days following the date the Department provides a written notice of disciplinary action, sanction, or warning. The grievance must be in writing and be filed with the Department.

005. FINANCIAL ADMINISTRATION . The expenditures of all Community Services Block Grant funds must be accounted for in accordance with generally accepted accounting principles, as per 45 C.F.R. Part 75.

005.01 ACCESS TO INFORMATION AND DOCUMENTS. Eligible entities and contractors must provide access to any books, documents, papers, or records that duly authorized representatives of the Department, the Secretary of the United States Health and Human Services, and the State Auditor determine are pertinent to an approved project plan. Eligible entities must comply with the Privacy Act of 1974, 5 United States Code (U.S.C.) 552a. An eligible entity must not establish restrictions which limit public access to the eligible entity’s records or to the records of its contractors, except when the records must remain confidential for any of the following reasons:

(A) To prevent a clearly unwarranted invasion of personal privacy;

(B) To comply with an executive order or statute which specifically requires the records to be kept secret;

(C) To protect commercial or financial information which was obtained from a person or a firm on a privileged or confidential basis;

(D) To protect information which can be improperly exploited for personal gains;

(E) To comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996;

(F) To protect the confidentiality of individual program participant information; or

(G) To protect the confidentiality of employee personnel records.

005.02 BONDING. Eligible entities must maintain adequate liability insurance, including employee malfeasance insurance, to cover the programs funded by Community Services Block Grant.

005.03 CARRY OVER OF UNSPENT FUNDS. Eligible entities may carry over up to 20 percent of the Community Services Block Grant funds awarded during a year. Upon the provision of adequate justification, the Department may allow a larger amount to be carried over. Eligible entities must annually submit a written explanation of any funds carried over.

005.04 ALLOWABLE COSTS. The provisions of 45 C.F.R. Part 75, determine what costs are allowable or prohibited in the use of federal funds.

History

• Effective 2020-07-27