§1396u Community Supported Living Arrangements Services

Summary

Pays for certain services that help people with developmental disabilities live in their own home or apartment in the community. The program covers things like personal help, training to increase independence, 24-hour emergency help, assistive technology and adaptive equipment, other Secretary‑approved services (except some job training services), and support for joining community activities. A "developmentally disabled individual" means a person the Secretary defines under the old term "mental retardation and related conditions" (as of July 1, 1990) who lives with family or a legal guardian in their own home with no more than three other program recipients. The Secretary must pick States to run the program and, in the first five years, allow between 2 and 8 States to get federal funds. Selected States must keep a quality program with unannounced provider surveys averaging at least once a year, staff training and financial rules, a complaint process, monitoring boards with families and neighbors, public reporting, health checks for each person, and individual support plans. The State plan must be reviewed by the State Council on Developmental Disabilities and the protection and advocacy system and must have public hearings before it is adopted. States must keep their current spending levels to stay eligible. Federal money cannot pay for room and board or for prevocational/vocational and supported employment costs. The Secretary may waive some usual rules like comparability and statewideness. By July 1, 1991 an interim regulation and by October 1, 1992 a final regulation must set minimum protections against neglect, abuse, and financial exploitation, require background checks for staff, ban abusive financial deals and banning providers or their relatives from being life‑insurance beneficiaries of clients. The Secretary can fine providers up to $10,000 per day for violations. Funds for this program must be added to, not replace, existing state services. Federal spending limits are $5,000,000 for fiscal year 1991, $10,000,000 for 1992, $20,000,000 for 1993, $30,000,000 for 1994, $35,000,000 for 1995, and later amounts as Congress provides.