42 U.S.C. § 1396u: Community supported living arrangements services

Personal assistance. Training and habilitation services (necessary to assist the individual in achieving increased integration, independence and productivity). 24-hour emergency assistance (as defined by the Secretary). Assistive technology. Adaptive equipment. Other services (as approved by the Secretary, except those services described in subsection (g)). Support services necessary to aid an individual to participate in community activities. In this subchapter the term, 1 “developmentally disabled individual” means an individual who as defined by the Secretary is described within the term “mental retardation and related conditions” as defined in regulations as in effect on 1 So in original. The comma probably should precede “the term”. July 1, 1990 , and who is residing with the individual’s family or legal guardian in such individual’s own home in which no more than 3 other recipients of services under this section are residing and without regard to whether or not such individual is at risk of institutionalization (as defined by the Secretary). The Secretary shall develop criteria to review the applications of States submitted under this section to provide community supported living arrangement services. The Secretary shall provide in such criteria that during the first 5 years of the provision of services under this section that no less than 2 and no more than 8 States shall be allowed to receive Federal financial participation for providing the services described in this section. the State will certify and survey providers of services under this section (such surveys to be unannounced and average at least 1 a year); minimum qualifications and training requirements for provider staff; financial operating standards; and a consumer grievance process; the State will provide a system that allows for monitoring boards consisting of providers, family members, consumers, and neighbors; the State will establish reporting procedures to make available information to the public; the State will provide ongoing monitoring of the health and well-being of each recipient; the State will provide the services defined in subsection (a) in accordance with an individual support plan (as defined by the Secretary in regulations); and the State plan amendment under this section shall be reviewed by the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. § 15025] and the protection and advocacy system established under subtitle C of that Act [ 42 U.S.C. 15041 et seq.]. States selected by the Secretary to receive Federal financial participation to provide services under this section shall maintain current levels of spending for such services in order to be eligible to continue to receive Federal financial participation for the provision of such services under this section. Room and board. Cost of prevocational, vocational and supported employment. comparability of amount, duration, and scope of services; and statewideness. The Secretary shall publish, by July 1, 1991 , a regulation (that shall be effective on an interim basis pending the promulgation of final regulations), and by October 1, 1992 , a final regulation, that sets forth interim and final requirements, respectively, consistent with subparagraph (B), to protect the health, safety, and welfare of individuals receiving community supported living arrangements services. individuals receiving community supported living arrangements services are protected from neglect, physical and sexual abuse, and financial exploitation; a provider of community supported living arrangements services may not use individuals who have been convicted of child or client abuse, neglect, or mistreatment or of a felony involving physical harm to an individual and shall take all reasonable steps to determine whether applicants for employment by the provider have histories indicating involvement in child or client abuse, neglect, or mistreatment or a criminal record involving physical harm to an individual; individuals or entities delivering such services are not unjustly enriched as a result of abusive financial arrangements (such as owner lease-backs); and individuals or entities delivering such services to clients, or relatives of such individuals, are prohibited from being named beneficiaries of life insurance policies purchased by (or on behalf of) such clients. If the Secretary finds that a provider has not met an applicable requirement under subsection (h), the Secretary shall impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance. The provisions of section 1320a–7a of this title (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under section 1320a–7a(a) of this title . Any funds expended under this section for medical assistance shall be in addition to funds expended for any existing services covered under the State plan, including any waiver services for which an individual receiving services under this program is already eligible. The amount of funds that may be expended as medical assistance to carry out the purposes of this section shall be for fiscal year 1991, $5,000,000, for fiscal year 1992, $10,000,000, for fiscal year 1993, $20,000,000, for fiscal year 1994, $30,000,000, for fiscal year 1995, $35,000,000, and for fiscal years thereafter such sums as provided by Congress. The amendments made by this section [enacting this section and amending section 1396d of this title ] shall apply to community supported living arrangements services furnished on or after the later of July 1, 1991 , or 30 days after the publication of regulations setting forth interim requirements under subsection (h) [probably means 42 U.S.C. 1396u(h) ] without regard to whether or not final regulations to carry out such amendments have been promulgated by such date. The Secretary of Health and Human Services shall provide that the applications required to be submitted by States under this section shall be received and approved prior to the effective date specified in paragraph (1).”