42 USC 1396u - Community supported living arrangements services

U.S Code last checked for updates: Apr 28, 2024

§ 1396u.

Community supported living arrangements services

(a)

Community supported living arrangements services

In this subchapter, the term “community supported living arrangements services” means one or more of the following services meeting the requirements of subsection (h) provided in a State eligible to provide services under this section (as defined in subsection (d)) to assist a developmentally disabled individual (as defined in subsection (b)) in activities of daily living necessary to permit such individual to live in the individual’s own home, apartment, family home, or rental unit furnished in a community supported living arrangement setting:

(1)

Personal assistance.

(2)

Training and habilitation services (necessary to assist the individual in achieving increased integration, independence and productivity).

(3)

24-hour emergency assistance (as defined by the Secretary).

(4)

Assistive technology.

(5)

Adaptive equipment.

(6)

Other services (as approved by the Secretary, except those services described in subsection (g)).

(7)

Support services necessary to aid an individual to participate in community activities.

(b)

“Developmentally disabled individual” defined

(c)

Criteria for selection of participating States

(d)

Quality assurance

A State selected by the Secretary to provide services under this section shall in order to continue to receive Federal financial participation for providing services under this section be required to establish and maintain a quality assurance program, that provides that—

(1)

the State will certify and survey providers of services under this section (such surveys to be unannounced and average at least 1 a year);

(2)

the State will adopt standards for survey and certification that include—

(A)

minimum qualifications and training requirements for provider staff;

(B)

financial operating standards; and

(C)

a consumer grievance process;

(3)

the State will provide a system that allows for monitoring boards consisting of providers, family members, consumers, and neighbors;

(4)

the State will establish reporting procedures to make available information to the public;

(5)

the State will provide ongoing monitoring of the health and well-being of each recipient;

(6)

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

(7)

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.].

The Secretary shall not approve a quality assurance plan under this subsection and allow a State to continue to receive Federal financial participation under this section unless the State provides for public hearings on the plan prior to adoption and implementation of its plan under this subsection.

(e)

Maintenance of effort

(f)

Excluded services

No Federal financial participation shall be allowed for the provision of the following services under this section:

(1)

Room and board.

(2)

Cost of prevocational, vocational and supported employment.

(g)

Waiver of requirements

The Secretary may waive such provisions of this subchapter as necessary to carry out the provisions of this section including the following requirements of this subchapter—

(1)

comparability of amount, duration, and scope of services; and

(2)

statewideness.

(h)

Minimum protections

(1)

Publication of interim and final requirements

(A)

In general

(B)

Minimum protections

Interim and final requirements under subparagraph (A) shall assure, through methods other than reliance on State licensure processes or the State quality assurance programs under subsection (d), that—

(i)

individuals receiving community supported living arrangements services are protected from neglect, physical and sexual abuse, and financial exploitation;

(ii)

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;

(iii)

individuals or entities delivering such services are not unjustly enriched as a result of abusive financial arrangements (such as owner lease-backs); and

(iv)

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.

(2)

Specified remedies

(i)

Treatment of funds

(j)

Limitation on amounts of expenditures as medical assistance

(Aug. 14, 1935, ch. 531, title XIX, § 1930, as added Pub. L. 101–508, title IV, § 4712(b), Nov. 5, 1990, 104 Stat. 1388–187; amended Pub. L. 106–402, title IV, § 401(b)(6)(B), Oct. 30, 2000, 114 Stat. 1738.)

cite as: 42 USC 1396u