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016.06.71-213.323. Frozen Home-Delivered Meal Provider Certification Requirements

AR ADC 016.06.71-213.323Arkansas Administrative CodeEffective: October 1, 2022

West's Arkansas Administrative Code
Title 016. Department of Human Services
Division 06. Division of Medical Services
Rule 71. Archoices in Homecare (Archoices) Home and Community-Based Services (Hcbs) Waiver
Section 210.000. Program Coverage
Effective: October 1, 2022
Ark. Admin. Code 016.06.71-213.323
016.06.71-213.323. Frozen Home-Delivered Meal Provider Certification Requirements
Currentness
In order to become approved providers of frozen meals, providers must meet all applicable requirements of the Division of Aging, Adult and Behavioral Health Services (DAABHS) Nutrition Services Program Policy Number 206.
To be certified by Division of Provider Services and Quality Assurance (DPSQA) as a provider of Home-Delivered Meal services, a meal provider must:
A. Be a nutrition services provider whose kitchen is approved by the Arkansas Department of Health and whose meals are approved by a Registered Dietitian who has verified by nutrient analysis that meals provide 33 1/3 percent of the Dietary Reference Intakes established by the Food and Nutrition Board of the National Academy of Sciences and comply with the Dietary Guidelines for Americans and DAABHS Nutrition Services Program Policy Number 206. [FN1]
B. Comply with all federal, state, county and local laws and regulations concerning the safe and sanitary handling of food, equipment and supplies used in the storage, preparation, handling, service, delivery and transportation of meals; [FN1]
C. If applicable, ensure that intermediate sources of delivery meet or exceed federal, state and local laws regarding food transportation and delivery [FN1]
D. Procure and have available all necessary licenses, permits and food handlers' cards as required by law [FN1]
E. All owners, principals, employees, and contract staff of a home-delivered meal services provider must have national and state criminal background checks and central registry checks. Criminal background checks and central registry checks must comply with Arkansas Code Annotated ยงยง 20-33-213 and 20-38-101 et seq. Criminal background shall be repeated at least once every five years. Central registry checks shall include the Child Maltreatment Central Registry; the Adult and Long-Term Care Facility Resident Maltreatment Central Registry; and the Certified Nursing Assistant/Employment Clearance Registry.
F. Provide frozen meals that:
1. Were prepared or purchased according to the Department of Health and DAABHS Nutrition Services Program Policy guidelines in freezer-safe containers that can be reheated in the oven or microwave.
2. Are kept frozen from the time of preparation through placement in the participant's freezer.
3. Have a remaining freezer life of at least three months from the date of delivery to the home.
4. Are part of a meal cycle of at least four weeks (i.e., four weeks of menus that differ).
5. Are properly labeled, listing food items included and non-frozen items that are delivered with the frozen components to complete the meal (which must include powdered or fluid milk, whichever is preferred by the participant), menu analysis as required by DAABHS Nutrition Services Program Policy if other than DAABHS menus are used and both packaging and expiration dates.
NOTE: The milk must be delivered to the participant at least seven (7) days prior to its expiration date.
G. Instruct each participant, both verbally and in writing, in the handling and preparation required for frozen meals and provide written re-heating instructions with each meal, preferably in large print.
H. Ensure that meals that are not commercially prepared but produced on-site in the production kitchen:
1. Are prepared and packaged only in a central kitchen or on-site preparation kitchen;
2. Are prepared specifically to be frozen;
3. Are frozen as quickly as possible;
4. Are cooled to a temperature of below 40 degrees Fahrenheit within four hours;
5. Have food temperatures taken and recorded at the end of food production, at the time of packaging and throughout the freezing process, with temperatures recorded and kept on file for audit;
6. Are packaged in individual trays, properly sealed and labeled with the date, contents and instructions for storage and reheating;
7. Are frozen in a manner that allows air circulation around each individual tray;
8. Are kept frozen throughout storage, transport and delivery to the participant; and
9. Are discarded after 30 days.
I. Verify quarterly that all participants receiving Frozen Home-Delivered Meals continue to have the capacity to store and heat meals and are physically and mentally capable of performing simple associated tasks unless other appropriate arrangements have been made and approved by DAABHS. Any changes in the participant's circumstances must be reported to the PCSP/CC NURSE via form AAS-9511.
J. Notify the appropriate PCSP/CC NURSE immediately if:
1. There is a problem with delivery of service
2. The participant is not consuming the meals
3. A change in a participant's condition is noted
NOTE: Changes in service delivery must receive prior approval by the PCSP/CC NURSE who is responsible for the participant's Person-Centered Services Plan (PCSP). Requests must be submitted in writing to the PCSP/CC NURSE. Any changes in the participant's circumstances must be reported to the PCSP/CC NURSE via form AAS-9511.
K. Contact each participant daily Monday through Friday, either in person or by the phone, to ensure the participant's safety and well-being. This is not required for:
1. Participants receiving Frozen Home-Delivered Meals only for weekends; or,
2. Participants who receive Attendant Care services or Personal Care services at least three (3) times per week.
Home-Delivered Meals, hot or frozen, shall be included in the participant's PCSP only when they are necessary to prevent the institutionalization of a participant. Frozen Home-Delivered Meals providers must recertify with DPSQA annually; however, DPSQA must maintain a copy of the agency's current Food Establishment Permit at all times.

Credits

Adopted Dec. 27, 2015. Amended Oct. 6, 2016; Jan. 1, 2018; Jan. 1, 2019; Oct. 1, 2022.
[FN1]
NOTE: For providers located in Arkansas, all requirements must meet applicable Arkansas laws and regulations. For Home-Delivered Meal providers located in bordering states, all requirements must meet their states' applicable laws and regulations.
Current with amendments received through March 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 016.06.71-213.323, AR ADC 016.06.71-213.323
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