42 U.S.C. § 3030c–3: Waivers

Summary

The Assistant Secretary can agree to waive certain rules for a State if the State applies and proves four things: the State legislature has approved or does not need to approve the plan; the State worked with area agencies on aging and other groups that would be affected; the plan was open for public review and comment, with a public hearing available on request and a summary of comments included; and the State weighed the likely good and bad effects and showed the benefits for older people should outweigh any harms or special facts in the State make the waiver reasonable. Waivers can cover five kinds of rules, including statewide uniformity so small-area tests can run, some area and State plan requirements if services won’t be reduced, limits on transfers between Part B and Part C programs, and some required spending rules so long as the State’s non-Federal share is not cut below any minimum already required. The State must recommend how long the waiver should last (no longer than its State plan). The Assistant Secretary decides the final length and can make it shorter. The State must send a report evaluating the waiver’s effects no later than 1 year after the waiver ends, and at other times if asked.

Title 42, §3030c–3

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(a)In general

The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that—

(1)approval of the State legislature has been obtained or is not required with respect to the proposal for which waiver is sought;

(2)the State agency has collaborated with the area agencies on aging in the State and other organizations that would be affected with respect to the proposal for which waiver is sought;

(3)the proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the State (and a summary of all of the comments received has been included in the application); and

(4)the State agency has given adequate consideration to the probable positive and negative consequences of approval of the waiver application, and the probable benefits for older individuals can reasonably be expected to outweigh any negative consequences, or particular circumstances in the State otherwise justify the waiver.

(b)Requirements subject to waiver

The provisions of this subchapter that may be waived under this section are—

(1)any provision of section 3025, 3026, and 3027 of this title requiring statewide uniformity of programs carried out under this subchapter, to the extent necessary to permit demonstrations, in limited areas of a State, of innovative approaches to assist older individuals;

(2)any area plan requirement described in section 3026(a) of this title if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this chapter;

(3)any State plan requirement described in section 3027(a) of this title if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this chapter;

(4)any restriction under paragraph (5) of section 3028(b) of this title, on the amount that may be transferred between programs carried out under part B and part C; and

(5)the requirement of section 3029(c) of this title that certain amounts of a State allotment be used for the provision of services, with respect to a State that reduces expenditures under the State plan of the State (but only to the extent that the non-Federal share of the expenditures is not reduced below any minimum specified in section 3024(d) of this title or any other provision of this subchapter).

(c)Duration of waiver

The application by a State agency for a waiver under this section shall include a recommendation as to the duration of the waiver (not to exceed the duration of the State plan of the State). The Assistant Secretary, in granting such a waiver, shall specify the duration of the waiver, which may be the duration recommended by the State agency or such shorter time period as the Assistant Secretary finds to be appropriate.

(d)Reports to Secretary

With respect to each waiver granted under this section, not later than 1 year after the expiration of such waiver, and at any time during the waiver period that the Assistant Secretary may require, the State agency shall prepare and submit to the Assistant Secretary a report evaluating the impact of the waiver on the operation and effectiveness of programs and services provided under this subchapter.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 106–501, § 310, which directed the addition of this section at the end of Part A of title III (42 U.S.C. 3021 et seq.), was executed by adding this section at the end of Part A of title III of the Older Americans Act of 1965 to reflect the probable intent of Congress.

§3030c–3 Waivers

Summary

Title 42, §3030c–3

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata