§3030c–3 Waivers

Summary

The Assistant Secretary can approve a State’s request to skip certain federal rules if the State agency sends an application that proves four things. The State must show that the state legislature approved the plan or did not need to approve it; that the State agency worked with the area agencies on aging and other groups who would be affected; that the plan was opened for public review and comment, including a public hearing if requested, and that a summary of comments is included; and that the State weighed the likely good and bad effects and found that benefits for older people should outweigh any harms or that special state circumstances justify the waiver. The waivable rules cover five kinds of requirements: statewide uniformity rules in sections 3025–3027, certain area plan rules (3026(a)), certain State plan rules (3027(a)), the transfer limit between programs under part B and part C (3028(b)(5)), and the rule that certain allotment amounts be used for services (3029(c)) — but only if the State still meets any minimum non‑Federal share required by section 3024(d) or other parts of this law. The application must say how long the waiver should last, not longer than the State plan’s length. The Assistant Secretary sets the final length. The State must send a report evaluating the waiver’s effects not later than 1 year after the waiver ends, and sooner if the Assistant Secretary asks.