Congregate Housing Services Program; Final Common Rule
Federal RegisterApr 29, 1994
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SUMMARY: This document is the joint final rule for the supportive
services component of the Congregate Housing Services Program, which is
authorized by section 802 of the National Affordable Housing Act and
section 604 of the Housing and Community Development Act of 1992. The
program provides assistance in the form of supportive services to the
frail elderly, persons with disabilities, and temporarily disabled
persons for the purpose of preventing premature or unnecessary
institutionalization and encouraging deinstitutionalization. The joint
interim rule for the supportive services component of the program was
published on December 8, 1992 (57 FR 58042).
EFFECTIVE DATE: May 31, 1994.
FOR FURTHER INFORMATION CONTACT: For general information concerning the
Congregate Housing Services Program (CHSP), contact Jerold S. Nachison,
Housing for Elderly and Handicapped People Division, Office of Elderly
and Assisted Housing, Department of Housing and Urban Development, 451
Seventh Street SW., room 6122, Washington, DC 20410, telephone (202)
708-3291.
For general information concerning Farmers Home Administration's
Congregate Housing Services Program contact Sue M. Harris-Green, Senior
Loan Officer, Farmers Home Administration, U.S. Department of
Agriculture, 14th & Independence Ave., SW., room 5343, Washington, DC
20250, telephone (202) 720-1606.
Hearing or speech impaired individuals may call HUD's TDD number
(202) 708-4594. (The telephone numbers listed above are not toll-free.)
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this rule have
been submitted to the Office of Management and Budget (OMB) for review
under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). No
person may be subjected to a penalty for failure to comply with these
information collection requirements until they have been approved and
assigned an OMB control number. The OMB control number, when assigned,
will be announced by separate notice in the Federal Register.
Public reporting burden for the collection of information
requirements contained in this rule is estimated to include the time
for reviewing the instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Information on the estimated public
reporting burden is provided under Other Matters. Send comments
regarding this burden estimate or any other aspect of this collection
of information, including suggestions for reducing this burden, to the
Department of Housing and Urban Development, Rules Docket Clerk, 451
Seventh Street, SW., room 10276, Washington, DC 20410-0500; and to the
Office of Information and Regulatory Affairs, Office of Management and
Budget, Attention: Desk Officer for HUD, Washington, DC 20503.
I. Introduction
The Congregate Housing Services Demonstration Program was first
established by the Congregate Housing Services Act of 1978 (42 U.S.C.
8001). It provided congregate housing and coordinated supportive
services for elderly disabled and non-elderly disabled individuals to
allow them to maintain their independence and avoid costly and
unnecessary institutionalization. Congress appropriated funds for
fiscal years 1979 through 1982, to remain available until expended.
Since then, Congress has appropriated funds annually to continue the
grantees funded. The Congregate Housing Services Program was
implemented through the HUD Congregate Housing Services Handbook
(4640.1).
On November 28, 1990, the National Affordable Housing Act (42
U.S.C. 8011) (NAHA) was enacted. In section 802, Congress specifically
directed the Secretary of Housing and Urban Development (HUD) and the
Secretary of Agriculture (USDA) through the Farmers Home Administration
(FmHA) to jointly implement regulations to carry out the Congregate
Housing Services Program (CHSP). Section 802 provides for congregate
services which are minimally necessary to prevent premature or
unnecessary institutionalization of frail elderly persons, persons with
disabilities regardless of whether a person is elderly, or temporarily
disabled persons living in eligible housing for the elderly.
HUD and FmHA shall enter into grants with States, units of general
local government, Indian tribes, PHAs, IHAs, and local nonprofit
housing sponsors, to provide congregate services. An IHA, PHA, and
local non-profit housing sponsor can enter into grants only on behalf
of its project. States, units of general local government and Indian
tribes may enter into grants on behalf of for profit or not for profit
owners of eligible housing. Each grant agreement shall be made for a
term of five years and shall be renewable (subject to the availability
of funds) at the expiration of the term by the Secretary concerned. The
CHSP funds will provide for not more than 40 percent of the cost of
providing the congregate services program; at least 50 percent of the
total cost will come from the grantee or third party organization, and
at least 10 percent from the program participant (up to a maximum of
20% of the participant's adjusted income). Program participant fees may
be waived by the Secretary concerned for eligible residents without
income. In instances where a waiver is granted, the grantee and the
Secretary concerned will share the deficit on a 50/50 basis.
The grantee will develop a supportive services plan and a case
management process as part of the application. Supportive services
include meals, transportation, personal care (which may include
dressing, bathing, and toileting), housekeeping, chore assistance, non-
medical counseling, group and socialization activities, non-medical
supervision, wellness programs, preventive health screening, monitoring
of medication consistent with State law, personal emergency response
systems, and other requested supportive services if approved by the
Secretary concerned.
Under NAHA, eligible housing projects that were receiving
assistance under the Congregate Housing Services Act of 1978 on
November 28, 1990 shall continue to receive priority for assistance
funded under that Act. These grantees will receive priority for
assistance under this section after the expiration of the term of the
grant. Each grantee shall maintain, for the six-year transition period,
the same dollar amount of its annual contributions in support of the
activities eligible for assistance under this section equal to the
amount contributed for such activities in the year ending on November
28, 1990. The grantee's contribution shall be equal to no less than the
amount of the eligible owner's annual contribution plus any
inflationary increases allowed by the Secretary concerned. At the end
of six years, each grantee must meet the requirements of the new
Congregate program.
On October 28, 1992, the Housing and Community Development Act of
1992 (HCDA of 1992) was enacted (Public Law 102-550). Sections 604 and
672 of the HCDA of 1992 amended section 802 of NAHA. Section 604
amended section 802(i)(1)(B)(i) of NAHA by increasing from three to six
years the period of time that grantees funded under the Congregate
Housing Services Act of 1978 would be exempt from the requirement to
provide 50% matching funds upon expiration of the term of the grant. It
also increased the three-year requirement for maintenance of funds
contributed by the grantee to six years. Section 672 of the HCDA of
1992, amended section 802(d)(4) of NAHA by requiring that service
coordinators be trained in the aging process, elder services,
disability services, eligibility for and procedures of Federal and
applicable State entitlement programs, legal liability issues relating
to providing service coordination, drug and alcohol use and abuse by
the elderly, and mental health issues.
On December 8, 1992, HUD and FmHA published a joint interim rule
and invited the public to comment on it for consideration in drafting
the final joint common rule. The public was also invited to comment and
provide suggestions concerning the implementation of the retrofitting
and renovation components of the Congregate Housing Services Program.
The joint final rule responds to public comments on the joint interim
rule.
The FmHA and HUD are promulgating identical regulations applicable
to the Congregate Housing Services Program. Since the regulations are
identical, the text of the regulations is set out only once at the end
of the common preamble. The part heading, table of contents, and
authority citation for the regulations as they will appear in each CFR
title follow the text of the final common rule. The entire text of the
regulations as they will appear in each CFR title follows the text of
the final common rule. The entire text of the regulation will appear in
the respective parts of the Code of Federal Regulations of both FmHA
and HUD.
II. Public Comments
HUD received 9 comments on the December 8, 1992, joint interim
rule. The comments were from governmental entities, public housing
agencies (PHAs), nonprofit organizations, HUD field offices and
advocacy groups for the aging.
General
Comment: One comment was directed to the overall program with the
commenter stating that the language in the rule was too complex and
that the number of repetitions was ``dumbfounding''. The commenter
stated that he would like to see a ``simple and common English
explanation of how employment will impact an elderly individual's
Section 8 or 236 rent subsidy, medicare premiums and 551 payments. The
commenter also indicated that he would like to see a concise list of
the duties of a service coordinator.
HUD and FmHA response: The CHSP does not set income limits for the
section 8 program or for the Section 236 program. The CHSP also does
not set requirements regarding medicaid and section 551. The
regulations concerning the definition of income and income limits for
participants in the section 8 program can be found at 24 CFR (Code of
Federal Regulations) Part 813. The CHSP interim rule has been
simplified in the final version of the rule. Section ______.220 of both
the interim common rule and this final rule list the duties of the
service coordinator.
Comment: One commenter stated the rule appears to discriminate
against the housing authority that has not been able to accumulate
unrestricted funds sufficient to purchase services, and that many
housing authorities already have in place (prior to 1992 and 1993),
eligible housing for the elderly already adapted for use with frail
elderly and persons with disabilities for the purpose of preventing
unnecessary institutionalization, without having grant funds available
to them under the Congregate Housing Service Program. This commenter
also indicated that the interim common rule clearly contradicts the
intent and spirit of the statute.
HUD and FmHA response: Section 802(i)(1)(A)(i) of the National
Affordable Housing Act requires that the cost for services under the
CHSP be shared between the Secretary concerned and the grantee. The
grantee or other third party shall provide 50% of the cost of providing
the CHSP; the Secretary concerned shall provide no more than 40% of the
cost of providing CHSP; and fees from the program participant shall
provide at least 10% of the cost. HUD and FmHA recognize that there are
many projects that already had supportive services programs in
existence prior to the implementation of this CHSP and therefore,
cannot use existing services as match for the CHSP. In accordance with
the statutory requirement, only new or expanded services can be used as
match. The matching funds provided by the grantee must cover at least
50% of the cost of providing supportive services under the CHSP. The
rule is consistent with the statutory purpose which is to provide new
or expanded supportive services in federally assisted housing to
prevent premature institutionalization in a manner that respects the
dignity of the elderly and persons with disabilities and the cost
sharing requirements of the program.
Comment: One commenter stated that the interim joint rule does not
require applicants to address transition to other service programs in
the event of cessation of CHSP funding. The commenter suggested that
the rule include a provision which would provide that requests for
grant application include a plan for the continuation of necessary
services or transition to other service providers in the event CHSP
funds are no longer available.
HUD and FmHA response: While HUD and FmHA share the commenter's
concern for a commitment from the applicant to continue to provide
services in the event funds are no longer appropriated for this
program, it was agreed not to impose any additional paperwork or
commitments upon the applicant. Applicants are experiencing
difficulties obtaining matching funds and it was agreed that requiring
the grantees to factor in funds for continuation or transition to other
service providers five years in advance would be too burdensome.
Comment: The commenter stated that the interim rule should be
amended to permit applicants to request CHSP funding for multiple
projects.
HUD and FmHA response: The rule does not contain application
requirements. The application requirements are set forth in the Notice
of Funding Availability (NOFA) for the CHSP. The NOFA announces the
availability of funds and sets forth the application requirements. HUD
and FmHA will publish a new NOFA announcing the availability of funding
and the application requirements. The commenter's suggestion will be
considered in drafting the NOFA for fiscal year 1994.
Comment: One commenter states that Sec. ______. 205(f) should spell
out whether the Grants Officer will be a field, regional or
headquarters employee.
HUD and FmHA response: The Grants Officer responsibility and the
responsible office will be explained in the CHSP notice and handbook.
Cost Distribution
Comment: One commenter states that the regulation should be amended
to allow the 10% of the total program costs that are required to be
generated by participants' fees to be generated by participants' fees,
contributions, or the cost-sharing that is already required by an
existing program eligible for match rather than just through
participant fees. The commenter states that for fee-generating purposes
Secs. ______.235(2) and ______.240(a) preclude the use of otherwise
eligible local match programs that permit contributions, but not fees,
or which already charge cost-share fees. The commenter states that if
fees generated by participant fees, contributions, or cost-sharing
already in an existing program eligible for match are allowed, HUD can
retain the CHSP's program's intent to incorporate a participant expense
sharing component and will also address the significant barriers to
sufficient fee-generation that applicants will experience because of
the different fee-charge regulations in a variety of programs that
would logically be used for the CHSP matching requirements.
HUD and FmHA response: Section ______.240 of the rule has been
revised to allow fees to include cash contributions of the program
participant, food stamps and any other contributions or donations. Cost
sharing and fees collected by any eligible new or expanded service
program for the CHSP are currently eligible. However, due to the
statutory constraints concerning matching funds, funds for existing
services which are not expanded are not eligible for match. Matching
funds must pay for 50% of the cost of the services under CHSP and
therefore, only costs for new or expanded services are eligible for
match.
Definitions
Comment: One commenter urged the Department to reconsider its
definition of activities of daily living (ADL) and the way that its
definition is applied in the interim common rule. The commenter stated
that the definition of ADL promulgated in the new rule combines what
are now commonly known in the worlds of gerontological research and
community-based aging programs as ``activities of daily living'' (ADL)
and ``instrumentalities of daily living'' (IDL). The commenter stated
that the rule definition of ADL was created by combining these terms
without regard to what is currently used in the community and other
common programs. The commenter argues that this definition is not in
the spirit of coordination of housing and services which it believes is
intended by the CHSP. The commenter further states that the way in
which the definition of activities of daily living is applied is
``antithetical to the concept of aging in place.'' The commenter states
that when one looks at the definition and all its caveats, the
potential population to be served is not what is commonly known as the
frail elderly but rather a fairly narrow niche of somewhat frail older
adults. The commenter stated that while it understands HUD might want
to be cautious about this definition in order to maintain a housing
rather than an institutional character to its developments, it is also
important that such appropriateness decisions be reviewed on an
individual rather than a categorical basis whenever possible.
HUD and FmHA response: Program participants are limited to the
frail elderly deficient in at least three activities of daily living by
statute. Therefore, HUD and FmHA decided to combine the ADL's and IDL's
based upon HUD's past experiences in operating the CHSP of 1978. By
combining ADLs and IDLs for the definition of ADLs and stating the
minimum deficiency level, the program is able to serve a larger
population of frail elderly persons than would be served by the
traditional definitions of the ADLs.
Comment: One commenter states that the definition of activities of
daily living (ADL) should be more concise and the minimum requirements
of ADL which are listed in Sec. ______.225(c)(2) should be initially
stated under the definitions.
HUD and FmHA response: Section ______.225(c)(2) restates the
definition of activities of daily living found in the definition
section.
Comment: One commenter states that instead of including PHAs
specifically in the definition of ``Applicant'' PHAs are identified as
eligible grantees under the definition of ``Local nonprofit housing
sponsor.'' The commenter suggests that the rule specifically identify
PHAs and IHAs as eligible grantees.
HUD and FmHA response: The definition of ``Applicant'' has been
revised to specifically identify PHAs and IHAs as eligible grantees.
Comment: One commenter states that the definition of qualifying
supportive services found in Sec. ______.105 and the eligible
activities found in Sec. ______.210 do not tie in directly to the
minimum requirements for ADL. The commenter states that the minimum
requirements of ADL do not include non-medical supervision and personal
emergency response systems.
HUD and FmHA response: Qualifying supportive services and eligible
activities should not tie directly into the requirements of ADL. The
ADLs are used to determine if frail elderly persons are minimally
eligible to participate in the program. Program participants (frail
elderly persons deficient in at least three ADLs and persons with
disabilities) would then be eligible to receive qualifying supportive
services such as non-medical supervision and personal emergency
response systems, if they need them.
Comment: The commenter states that the section number in the
reference for the Developmental Disabilities Assistance and Bill of
Rights Act contained in Sec. ______.105(7) should be changed from (7)
to (5).
HUD and FmHA response: This error has been corrected.
Comment: The commenter states that in Sec. ______.205(e) Eligible
housing projects of the interim rule the reference to non-elderly
``disabled'' should be changed to non-elderly people with
``disabilities.''
HUD and FmHA response: All references to non-elderly handicapped or
non-elderly disabled have been changed to non-elderly people with
disabilities.
Eligibility
Comment: One commenter recommended deleting the reference to
nonresidents in Sec. ______.230 under eligibility. The commenter
maintained that due to the limited amount of funds available for this
CHSP, funds should be utilized by tenants occupying eligible housing
and that if a community shows a need to serve nonresidents, other
sources of funding could be pursued to meet that need.
HUD and FmHA response: Nonresident elderly persons, persons with
disabilities, and temporarily disabled are eligible to participate in
CHSP at the option of the program management in consultation with
project residents. The program management has the discretion to deny
nonresidents participation in the program if their participation is not
cost-effective or if it adds to the need for assistance under the
program. Nonresidents who receive services under CHSP must pay a fee
equal to the cost of the services provided. Nonresidents are not
eligible for CHSP funds to subsidize their costs for services.
Match
Comment: The commenter states that the 50% match requirement for
the grantee or eligible owner is excessively burdensome and may result
in an inordinate amount of program failures. These program failures
would have the ultimate result of doing harm to the program
participants who relocate to the congregate housing locations in
reliance on the programs. The commenter also states that the rules as
written necessitate the inclusion of a great deal of estimated
information in the budget. The commenter states that while service
costs may be known, the likelihood of program failure increases because
the number of participants, types of services to be requested and the
ability of the participant to pay cannot be known until program
startup.
HUD and FmHA response: Section 802(i)(1)(A)(i) of the National
Affordable Housing Act requires that the cost for services under the
CHSP be shared between the Secretary concerned and the grantee. The
grantee shall provide 50% of the cost of providing the CHSP; the
Secretary concerned shall provide 40% of the cost of providing CHSP;
and fees from the program participant shall provide 10% of the cost.
While HUD and FmHA agree that both participant interest and need are
estimated at best, the budget information is necessary to establish a
dollar value and limit for the application and to assist in the rating
and ranking of applications for CHSP funding.
Comment: One commenter stated that the 50% match requirement and
the restrictions on what can be counted as in-kind service are barriers
that the rule presents which causes its housing authority to be unable
to participate in the program. The commenter suggests that in instances
like its own where projects have limited resources that it be allowed
to count the services already provided as in-kind match. The commenter
also contends that local community services are already ``maxed'' out
because housing authorities have been successful in having a number of
services provided by community agencies and that the housing
authorities prior to the grant period have already invested as much or
more than the match requirement.
HUD and FmHA response: Section 802(i)(1)(A)(i) of the National
Affordable Housing Act requires that the cost for services under the
CHSP be shared between the Secretary concerned and the grantee. The
grantee or other third party is required to provide 50% of the cost of
providing the CHSP; the Secretary concerned provides no more than 40%
of the cost of providing CHSP; and fee from the program participant
provides at least 10% of the cost. Match funds must account for 50% of
the cost of services under the CHSP program. Only qualified supportive
services are eligible services under the CHSP. Since section 802(k)(16)
defines qualified supportive services as new or expanded services,
match funds can only be used for new or expanded services.
Non-Allowable Costs
Commenter: One commenter states that the examples of non-allowable
costs under the program include capital funding items. The commenter
states that the failure to allow projects access to funds to cover
capital cost will place projects at a disadvantage in developing a CHSP
and may also discourage many nonprofit owners from applying and
participating in the program. The commenter also states that during
congressional consideration of NAHA, it supported Senate passage of a
new and separately funded retrofit program to provide for modernization
and retrofitting of elderly housing projects.
HUD and FmHA response: HUD and FmHA decided to disallow capital
funding items because they were concerned the majority of the funds for
supportive services would be used to fund capital improvements. Upon
implementation of the retrofit component of the CHSP, modernization and
retrofitting will be eligible activities. Due to the limited amount of
funding available FmHA and HUD decided that the purposes of the program
are best served by only funding the supportive services component.
Program Participant Fees
Comment: One commenter states that the regulations should include a
provision that does not cap HUD's contribution for resident fee
deficits. The commenter also suggests that the regulations should allow
the CHSP to use other income sources to make up for any resident-fee
deficit that arises because of the 20% cap on resident fees, or that
arises because the local program match program permits only
contributions. The commenter states that contributions should be
permitted to count as part of the fee amount and that the regulations
should be amended to allow a flexible sliding scale fee schedule for
participants for whom 20% or even 10% of adjusted income is too costly
or where 10% of the cost of a specific fee is too high. Commenter also
states that there should be more flexible fee waivers to include
participants who are at or below the poverty level.
HUD and FmHA response: Section ______ .240 of the regulation has
been revised to allow food stamps and other contributions or donations
to be included as part of the 10% fee amount for program participants.
In instances where the grantee finds that the fees for a participant
are too high, the grantee can request a waiver of Sec. ______.240(e) of
the regulation. Any waived fees are shared 50% between the Secretary
concerned and the grantee.
Retrofit and Renovations Component
Comment: There were several comments and suggestions concerning the
retrofitting and renovation component of the Congregate Housing
Services Program. Several commenters expressed discontent with the
decisions not to fund the retrofit and renovation component and the
failure to implement regulations. Many stated that the retrofit
component was an integral and critical part of the program. One
commenter stated that HUD and FmHA had the authority and the
flexibility to allocate some funding for retrofit in order to have the
program in place for full funding later. There was a general concern
for the Department's failure to develop interim regulations in order to
implement retrofit once funding is made available.
HUD and FmHA response: Since HUD and FmHA had very little guidance
from Congress on the implementation of the program, they invited
comments from the public on how the renovation and retrofit component
should be implemented. They also invited comments on specific issues
concerning this component. HUD and FmHA will use the responses received
to assist in the drafting of regulations implementing the retrofit and
renovation component at a later date.
III. Findings and Certifications
A. National Environmental Policy Act. A Finding of No Significant
Impact with respect to the environment has been made in accordance with
HUD regulations at 24 CFR part 50 implementing section 102(2)(C) of the
National Environmental Policy Act of 1969, 42 U.S.C. 4332. The Finding
of No Significant Impact is available for public inspection and copying
between 7:30 a.m. and 5:30 p.m. weekdays at the Office of the Rules
Docket Clerk, 451 Seventh Street, SW., room 10276, Washington, DC
20410.
B. Regulatory Flexibility. The Secretary and the Administrator, in
accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), have
reviewed this rule before publication and by approving it certify that
this rule does not have a significant economic impact on a substantial
number of small entities. The rule will provide grants to States,
Indian tribes, units of general local government and local nonprofit
housing sponsors for congregate services programs for eligible project
residents. Although small entities will participate in the program, the
rule would not have a significant impact on them.
C. Family Impact. The General Counsel of HUD, as the Designated
Official under Executive order 12606, The Family, has determined that
the policies contained in this rule will have some significant impact
on the maintenance and general well-being of families. The revised CHSP
can be expected to provide supportive services which can prevent or
postpone unnecessary or premature institutionalization, and reduce
unnecessary stress and financial burdens on participants' families by
allowing them to remain in their apartments. Because the impact on
family concerns is wholly beneficial, no further review under the
executive order is considered necessary.
D. Federalism Impact. The General Counsel of the Department of
Housing and Urban Development, as the Designated Official for the
Department of Housing and Urban Development under section 6(a) of
Executive Order No. 12611--Federalism, has determined that the rule
does not involve the preemption of State law by Federal statute or
regulation and does not have Federalism implications.
E. Semiannual Agenda. This final common rule was listed as item
number 1477 in the Department of Housing and Urban Development's
Semiannual Agenda of Regulations published on October 25, 1993 (58 FR
56402) under Executive Order 12291 and the Regulatory Flexibility Act.
F. This rule has been reviewed in light of Executive Order 12778
and meets the applicable standards provided in sections 2(a) and
2(b)(2) of that Order. Provisions within this part which are
inconsistent with state law are controlling. All administrative
remedies pursuant to 7 CFR part 1900, subpart B must be exhausted prior
to filing suit.
Public Reporting Burden
The information collection requirements contained in this rule have
been submitted to the Office of Management and Budget under the
Paperwork Reduction Act of 1980 (44 U.S.C. 3501-3520). The Department
has determined that the following provisions contain information
collection requirements.
Existing Congregate Housing Services Program
7 responses are estimated from each respondent.
3.71 hours is the estimated average response time for each
respondent.
Total Respondents time is 1456 hours.
Estimate of cost to the respondents is $15.00 per hour.
Total respondents time @ $15/hour=1456 x $15=$21,840.
Tabulation of Reporting Burden
----------------------------------------------------------------------------------------------------------------
No. of
No. of x responses Total x Hours per Total hours
Information collected respondents per = annual response
respondent responses
----------------------------------------------------------------------------------------------------------------
Existing congregate housing
services program
17.1 17.2 17.3 17.4 17.5
Budget submission........... 56 1 56 3 168
Annual program reports...... 56 1 56 3 168
Participant applications to
CHSP....................... 56 5 280 4 1120
Summary..................... 56 7 392 3.71 1456
----------------------------------------------------------------------------------------------------------------
Revised Congregate Services Housing Program
14 responses are estimated from each respondent.
5.10 hours is the estimated average response time for each
respondent per response.
Total Respondents time is 9,675.
Estimate of cost to the respondents is $15.00 per hour.
Total respondents time @ $15/hour=9675 x $15=$145,125
Tabulation of Reporting Burden
----------------------------------------------------------------------------------------------------------------
No. of
No. of x responses Total x Hours per Total hours
Information collected respondents per = annual response
respondent responses
----------------------------------------------------------------------------------------------------------------
Revised congregate housing
services program
17.1 17.2 17.3 17.4 17.5
Initial owner applications.. 150 1 150 14 2100
Budget formats.............. 50 1 50 3 150
Semiannual program reports.. 50 1 50 1.5 75
Annual program reports...... 50 1 50 3 150
Participant applications to
new CHSP................... 50 36 1800 4 7200
Summary..................... 150 14 2100 5.10 9675
----------------------------------------------------------------------------------------------------------------
Total existing and Revised CHSP is 11,131.
IV. Regulations Promulgation
On October 25, 1990, Congress passed the NAHA. 42 U.S.C. 8011. NAHA
was signed into law by President Bush on November 29, 1990. Section
802(m) of NAHA states inter alia as follows:
Promulgation of Regulations: The Secretary of Housing and Urban
Development and the Secretary of Agriculture shall, not later than the
expiration of the 180-day period beginning on the date of enactment of
this Act, jointly issue any regulations necessary to carry out this
section. Conference Report 101-943, October 25, 1990. Accordingly, the
regulation was to have been published by May 27, 1991.
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DEPARTMENT OF AGRICULTURE
Text of Final Common Rule
The text of the final common rule, as adopted by the agencies in
this document, appears below:
Part ______ Congregate Housing Services Program
Sec.
Sec. ______.100 Authority and purpose.
Sec. ______.105 Definitions.
Sec. ______.200 Announcement of fund availability and selection
criteria.
Sec. ______.205 Grant agreement.
Sec. ______.210 Eligible activities.
Sec. ______.215 Service plan.
Sec. ______.220 Service coordinator.
Sec. ______.225 Professional Assessment Committee (PAC).
Sec. ______.230 Eligibility.
Sec. ______.235 Cost distribution.
Sec. ______.240 Program participant fees.
Sec. ______.245 Other Federal requirements.
Sec. ______.300 Application.
Sec. ______.305 Application evaluation and selection.
Sec. ______.325 Monitoring of project sites by governmental units.
Sec. ______.330 Evaluation of provision of congregate services
programs.
Sec. ______.335 Renewal of grants.
Sec. ______.400 Participatory agreement.
Sec. ______.405 Reserve for supplemental adjustment.
Sec. ______.415 Recapture.
Sec. ______.420 Reports.
Sec. ______.425 Budget submissions.
Sec. ______.430 Program costs.
Sec. ______.435 Use of residents in providing services.
Sec. ______.440 Services provided, not income.
Sec. ______.445 Consultation with the Department of Health and
Human Services.
Sec. ______.500 Eligibility and priority for 1978 Act recipients.
Sec. ______.505 Submission and approval of applications by
grantees.
Sec. ______.510 Submission and approval of applications by grantees
funded initially under the 1978 Act, after the six-year transition
period.
Sec. ______.515 Waiver authority.
Sec. ______.100 Authority and purpose.
(a) Authority. This part is adopted pursuant to section 802 of
the National Affordable Housing Act (42 U.S.C. 8011) and section 604
of the Housing and Community Development Act of 1992. Pursuant to
section 802(m) of the National Affordable Housing Act (NAHA), the
Farmers Home Administration (FmHA) and HUD are promulgating rules
and regulations applicable to the supportive services component of
the congregate housing services program.
(b) Purpose. (1) The program under this part provides for minimal
supportive services to the frail elderly, persons with disabilities and
temporarily disabled individuals as a means of preventing unnecessary
institutionalization and encouraging deinstitutionalization. The
program also provides management with the capacity to assess the
service needs of eligible residents and to locate and arrange for the
delivery of community based supportive services. The program is
implemented in a manner that both respects the dignity of the
participants and encourages their independence. The provision of
supportive services allows for a continuum of care on a long term basis
and offers another option in supportive living arrangements. The
program functions as an active proponent of community based care and
affords an opportunity for housing projects to become an additional
source for supportive service delivery in the local area.
(2) The program is additionally designed to:
(i) Improve the quality of life of older Americans living in
federally assisted housing;
(ii) Preserve the viability of existing affordable housing projects
for low income older residents who are aging in place by assisting
managers of housing with the difficulties and challenges created by
serving older residents;
(iii) Develop partnerships between the Federal Government and State
governments in providing services to the frail elderly and persons with
disabilities and the temporarily disabled, and
(iv) Utilize Federal and State funds in a more cost-effective and
humane way in serving the needs of older adults.
(c) Applicability. This part applies to:
(1) Public housing as that term is defined in section 3(b) of the
United States Housing Act of 1937;
(2) Low income housing developed or operated under a contract
between the Secretary of Housing and Urban Development and an Indian
housing authority under title II of the United States Housing Act of
1937;
(3) Housing assisted under section 8 of the United States Housing
Act of 1937 with a contract that is attached to the structure under
section 8(d)(2) or with new construction or substantial rehabilitation
of the structure under section 8(b)(2), as that section existed before
October 1, 1983;
(4) Housing assisted under section 202 of the Housing Act of 1959;
(5) Housing assisted under section 221(d) or 236 of the National
Housing Act, with respect to which the owner has made a binding
commitment to the Secretary of Housing and Urban Development not to
prepay the mortgage or terminate the insurance contract under section
229 of the National Housing Act (unless the binding commitments have
been made to extend the low-income use restriction relating to the
housing);
(6) Housing assisted under section 514 or 515 of the Housing Act of
1949, with respect to which the owner has made a binding commitment to
the Secretary of Agriculture not to prepay or refinance the mortgage
(unless the binding commitments have been made to extend the low income
use restrictions relating to the housing for not less than the 20-year
period under section 502(c)(4) of the Housing Act of 1949); and
(7) Housing assisted under section 516 of the Housing Act of 1949.
Sec. ______.105 Definitions.
As used in this part--
Act means section 802 of the Cranston-Gonzalez National Affordable
Housing Act.
Activity of Daily Living (ADL) means an activity regularly
necessary for personal care and includes eating (may need assistance
with cooking, preparing or serving food, but must be able to feed
self); dressing (must be able to dress self, but may need occasional
assistance); bathing (may need assistance in getting in and out of the
shower or tub, but must be able to wash self; grooming (may need
assistance in washing hair, but must be able to take care of personal
appearance); getting in and out of bed and chairs, walking, going
outdoors, using the toilet; and household management activities (may
need assistance in doing housework, grocery shopping or laundry, or
getting to and from one location to another for activities such as
going to the doctor and shopping, but must be mobile. The mobility
requirement does not exclude persons in wheelchairs or those requiring
mobility devices). Each of the Activities of Daily Living noted above
includes a requirement that a person must be deficient in his or her
ability to perform at a specified minimal level (e.g., to satisfy the
eating ADL, the person must be able to feed him/herself). The
determination of whether a person is deficient in this minimal level of
performance must include consideration of those services that will be
performed by a person's spouse, relatives or other attendants to be
provided by the individual. For example, if a person requires
assistance with cooking, preparing or serving food plus assistance in
feeding him/herself, the individual would meet the minimal performance
level and thus satisfy the eating ADL, if a spouse, relative or
attendant provides assistance with feeding the person. Should such
assistance become unavailable at any time, the Owner is not obligated
at any time to provide individualized services beyond those offered to
the resident population in general. The Activities of Daily Living
analysis is relevant only with regard to determination of a person's
eligibility to receive supportive services paid for by CHSP and is not
a determination of eligibility for occupancy.
Adjusted income means adjusted income as defined in 24 CFR part 813
or 913.
Applicant means a State, Indian tribe, unit of general local
government, PHA, IHA or local nonprofit housing sponsor. A State,
Indian tribe, or unit of general local government may apply on behalf
of a local nonprofit housing sponsor or a for-profit owner of eligible
housing for the elderly.
Area agency on aging means the single agency designated by the
State Agency on Aging to administer the program described in Title III
of the Older Americans Act of 1965 (45 CFR chapter XIII).
Assistant Secretary means the HUD Assistant Secretary for Housing--
Federal Housing Commissioner or the HUD Assistant Secretary for Public
and Indian Housing.
Case management means implementing the processes of: establishing
linkages with appropriate agencies and service providers in the general
community in order to tailor the needed services to the program
participant; linking program participants to providers of services that
the participant needs; making decisions about the way resources are
allocated to an individual on the basis of needs; developing and
monitoring of case plans in coordination with a formal assessment of
services needed; and educating participants on issues, including, but
not limited to, supportive service availability, application procedures
and client rights.
Congregate housing means low-rent housing that is connected to a
central dining facility where wholesome and economical meals can be
served to the residents.
Congregate Housing Services Program (CHSP) means a program assisted
under this part undertaken by an eligible housing project to provide
congregate services to program participants.
Elderly person means a person who is at least 62 years of age.
Eligible housing for the elderly means any eligible project
including any building within a mixed-use project that was designated
for occupancy by elderly persons, or persons with disabilities at its
inception or, although not so designated, for which the eligible owner
or grantee gives preference in tenant selection (with HUD approval) for
all units in the eligible project (or for a building within an eligible
mixed-use project) to eligible elderly persons, persons with
disabilities, or temporarily disabled individuals. For purposes of this
part, this term does not include projects assisted under the Low-Rent
Housing Homeownership Opportunity program (Turnkey III (24 CFR part
905, subpart G)).
Eligible housing project means:
(1) Public housing (as that term is defined in section 3(b) of the
United States Housing Act of 1937);
(2) Low income housing developed or operated under a contract
between the Secretary of Housing and Urban Development and an Indian
housing authority under title II of the United States Housing Act of
1937;
(3) Housing assisted under section 8 of the United States Housing
Act of 1937 with a contract that is attached to the structure under
section 8(d)(2), or with a contract entered into in connection with the
new construction or substantial rehabilitation of the structure under
section 8(b)(2), as that section existed before October 1, 1983;
(4) Housing assisted under section 202 of the Housing Act of 1959;
(5) Housing assisted under section 221(d) or 236 of the National
Housing Act, with respect to which the owner has made a binding
commitment to the Secretary of Housing and Urban Development not to
prepay the mortgage or terminate the insurance contract under section
229 of the National Housing Act (unless the binding commitments have
been made to extend the low-income use restrictions relating to the
housing for the remaining useful life of the housing);
(6) Housing assisted under section 514 or 515 of the Housing Act of
1949, with respect to which the owner has made a binding commitment to
the Secretary of Agriculture not to prepay or refinance the mortgage
(unless the binding commitments have been made to extend the low income
use restrictions relating to the housing for not less than the 20-year
period under section 502(c)(4) of the Housing Act of 1949); and
(7) Housing assisted under section 516 of the Housing Act of 1949.
Eligible owner means an owner of an eligible housing project.
Eligible project resident means a person residing in eligible
housing for the elderly who qualifies under the definitions of frail
elderly, person with disabilities (regardless of whether the person is
elderly), or temporarily disabled.
Excess residual receipts mean residual receipts of more than $500/
per unit in the project which are available and not committed to other
uses at the time of application to HUD for CHSP. Such receipts may be
used as matching funds and may be spent down to a minimum of $500/unit.
Farmers Home Administration (FmHA) means a credit agency for
agriculture and rural development in the U.S. Department of Agriculture
(USDA).
Fees mean charges levied to residents for meals with or without
other supportive services under CHSP and equivalent fees and donations
made to new or expanded State and local supportive services program
which are used to match the CHSP other than those of the Older
Americans Act.
For-profit owner of eligible housing for the elderly means an owner
of an eligible housing project in which some part of the project's
earnings lawfully inure to the benefit of any private shareholder or
individual.
Frail elderly person means a person at least 62 years of age who is
unable to perform three or more activities of daily living.
Grantee or grant recipient means the recipient of funding or an
eligible owner receiving funding under the Congregate Housing Services
Program.
HUD means the Department of Housing and Urban Development.
Indian tribe means any Indian tribe, band, nation, or other
organized group or community, including any Alaska Native village or
regional corporation as defined in or established under the Alaska
Native Claims Settlement Act, that is recognized as eligible for the
special programs and services provided by the United States to Indians
because of their status as Indians.
Instrumental activity of daily living means a regularly necessary
home management activity, and includes preparing meals, shopping for
personal items, managing money, using the telephone, and performing
light or heavy housework.
Local nonprofit housing sponsor means an owner or borrower of
eligible housing for the elderly; no part of the net earnings of the
owning organization shall lawfully inure to the benefit of any
shareholder or individual.
Nonprofit, as applied to an organization,
(1) Means no part of the net earnings of the organization inures,
or may lawfully inure, to the benefit of any private shareholder or
individual; or
(2) Means a public housing agency as that term is defined in
section 3(b)(6) of the United States Housing Act of 1937.
Person with disabilities means a household composed of one or more
persons, at least one of whom is an adult who has a disability. A
person shall be considered to have a disability if such person is
determined under regulations issued by the Secretary to have a
physical, mental, or emotional impairment which
(1) Is expected to be of long-continued and indefinite duration;
(2) Substantially impedes his or her ability to live independently;
and
(3) Is of such a nature that the person's ability could be improved
by more suitable housing conditions.
A person shall also be considered to have a disability if the
person has a developmental disability as defined in section 102(5) of
the Developmental Disabilities Assistance and Bill of Rights Act (42
U.S.C. 6001-7). Notwithstanding the preceding provisions of this
paragraph, the terms ``person with disabilities'' or ``temporarily
disabled'' include two or more persons with disabilities living
together, one or more such persons living with another person who is
determined (under regulations prescribed by the Secretary of HUD) to be
essential to their care or well-being, and the surviving member or
members of any household where at least one or more persons was an
adult with a disability who was living, in a unit assisted under this
section, with the deceased member of the household at the time of his
or her death.
Professional Assessment Committee (PAC) means a group consisting of
at least 3 individuals appointed by the officials of the eligible
housing project responsible for the Congregate Housing Services Program
and shall include at least one qualified medical and other health and
social service professional competent to appraise the functional
abilities of the frail elderly, persons with disabilities, and
temporarily disabled persons in relation to the performance of
activities of daily living.
Program participant means a frail elderly person, person with
disabilities, or temporarily disabled person receiving services under
the Congregate Housing Services Program.
Qualifying supportive services means new or significantly expanded
services determined by the Secretary concerned to be minimally
necessary and essential to enable eligible residents to live
independently and avoid unnecessary institutionalization, including,
but not limited to:
(1) Meal service adequate to meet nutritional need;
(2) Housekeeping aid;
(3) Personal assistance (which may include, but is not limited to,
aid given to eligible residents in grooming, dressing, and other
activities which maintain personal appearance and hygiene);
(4) Transportation services;
(5) Non-medical supervision, wellness programs, preventive health
screening, monitoring of medication consistent with State law;
(6) Non-medical components of adult day care;
(7) Personal emergency response systems and other requested
supportive services essential for achieving and maintaining independent
living if approved by the Secretary concerned.
An owner may provide the qualifying services directly to eligible
residents or may, by contract, provide such services through other
appropriate agencies or providers.
Secretary concerned means:
(1) The Secretary of Housing and Urban Development, with respect to
eligible federally assisted housing administered by HUD; and
(2) The Secretary of Agriculture, with reference to programs
administrated by the Administrator of the Farmers Home Administration.
Service coordinator means a social services staff person who is
hired by an eligible owner, grantee or management company, or another
third party contractor such as a local case management agency. The
service coordinator is responsible for assuring thorough case
management so that program participants are linked to the supportive
services they need to continue independent living.
Service provider means a person or organization licensed or
otherwise approved in writing by a State or local agency (e.g.,
Department of Health, Department of Human Services or Welfare) to
provide supportive services.
State means the states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the
Trust Territory of the Pacific Islands, and any other territory or
possession of the United States.
State agency on aging means the single agency designated by the
Governor to administer the program described in Title III of the Older
Americans Act of 1965 (see 45 CFR part 13).
State agency means the State or an agency or instrumentality of the
State.
Temporarily disabled means having an impairment that is expected to
be of no more than 6 months duration; and that impedes the ability of
the individual to live independently unless the individual receives
congregate services.
Unit of general local Government means any city, town, township,
county, parish, village, or other general purpose political subdivision
of a State; and includes a unit of general government acting as an
applicant for assistance under this section in cooperation with a
nonprofit housing sponsor, and a nonprofit housing sponsor acting as an
applicant for assistance under this section in cooperation with a unit
of general local government.
Sec. ______.200 Announcement of Fund Availability and Selection
Criteria.
(a) Notice of funding availability. A Notice of Funding
Availability will be published periodically in the Federal Register by
the Secretary concerned containing the amounts of funds available,
allocation or distribution of funds available among eligible applicant
groups, where to obtain and submit applications, the deadline for
submissions, and further explanation of the selection criteria. The
Secretary concerned will designate the maximum allowable size for
grants.
(b) Selection criteria. The criteria for selection shall include:
(1) The types and priorities of the basic services proposed to be
provided, the appropriateness of the targeting of services, the methods
of providing for deinstitutionalized older individuals and individuals
with disabilities, and the relationship of the proposal to the needs
and characteristics of the eligible residents of the projects where the
services are to be provided;
(2) The schedule for establishment of services following approval
of the application;
(3) The degree to which local social services are adequate for the
purpose of assisting eligible project residents to maintain independent
living and avoid unnecessary institutionalization;
(4) The professional qualifications of the members of the
professional assessment committee (PAC);
(5) The reasonableness and application of fees schedules
established for congregate services;
(6) The adequacy and accuracy of the proposed budgets; and
(7) The extent to which the owner will provide funds from other
services in excess of that required under the CHSP.
Sec. ______.205 Grant Agreement.
(a) General. HUD will enter into grant agreements with states,
units of general local government, Indian tribes, PHAs, IHAs and local
nonprofit housing sponsors, utilizing amounts appropriated under NAHA
for the purpose of providing congregate services for program
participants for eligible housing for the elderly to promote and
encourage maximum independence within a home environment for such
residents capable of self-care, with appropriate supportive services.
(b) Term of grant agreement. A grant will be for a term of five
years, and will be renewable at the expiration of the term, subject to
the availability of funds and in conformance with these regulations
except as otherwise provided in Sec. ______.500.
(c) Reservation of amount. The Secretary concerned shall reserve a
sum equal to the total approved grant amount for each grantee.
(d) Eligible grant recipients. The Secretary concerned will provide
assistance, and enter into grant agreements with grant recipients cited
under paragraph (a) of this section.
(e) Grant Officer. The Grant Officer for the Secretary concerned
will enter into the supportive services grant agreement on behalf of
HUD or FmHA. The Secretary concerned will hold the grantee responsible
for the administration of the Congregate Housing Services Program.
(f) Grantee requirements. The grant agreement will require that the
grantee:
(1) Operate the congregate services program in accordance with
applicable program regulations, laws, or other requirements of the
Secretary concerned;
(2) Assure the effective provision of supportive services to the
program participants;
(3) Conduct an ongoing assessment of the housing assistance and
supportive services required by the program participants; and
(4) Comply with such other terms and conditions, required by NAHA
or its implementing regulations, including monitoring, if required,
data and record keeping requirements and submission of reports (which
must include racial and ethnic data on participants) that the Secretary
concerned establishes for the purposes of carrying out an effective
Congregate Housing Services Program. The Department concerned will
enforce the obligations of the grantee under the agreement through such
action as may be necessary, including the termination and recapture of
supportive services funds awarded under CHSP.
Sec. ______.210 Eligible activities.
(a) Supportive services. Funding for supportive services may be
provided by state, local, public, or private providers, and/or CHSP
funds. Grantees may provide the services directly or may subcontract
with service providers in the community.
(1) Qualifying supportive services may include, but need not be
limited to:
(i) Meal service adequate to meet nutritional need;
(ii) Housekeeping aid;
(iii) Personal assistance (which may include, but is not limited
to, aid given to eligible residents in grooming, dressing, and other
activities which maintain personal appearance and hygiene);
(iv) Transportation services;
(v) Non-medical supervision, wellness programs, preventive health
screening, monitoring of medication consistent with state law;
(vi) Non-medical components of adult day care;
(vii) Personal emergency response systems; and
(viii) Other requested supportive services essential for achieving
and maintaining independent living, which are approved by the Secretary
concerned.
(2) The grantee may provide the qualifying services directly to
program participants or may contract out the services through other
appropriate agencies or providers. A congregate services program under
this section shall provide meal and other services for program
participants (and other residents and nonresidents, as provided in this
section) that are coordinated on site.
(3) Meal services shall meet the following guidelines:
(i) Type of service. At least one meal a day must be served in a
group setting for some or all of the participants; if more than one
meal a day is provided, a combination of a group setting and carry-out
meals may be utilized.
(ii) Hot meals. At least one meal a day must be hot. A hot meal for
the purpose of this program is one in which the principal food item is
hot at the time of serving.
(iii) Special menus. Grantees shall provide special menus as
necessary for meeting the dietary needs arising from the health
requirements of conditions such as diabetes and hypertension. Grantees
should attempt to meet the dietary needs of varying religious and
ethnic backgrounds.
(iv) Meal service standards. Grantees shall plan for and provide
meals which are wholesome, nutritious, and each of which meets a
minimum of one-third of the minimum daily dietary allowances as
established by the Food and Nutrition Board of the National Academy of
Sciences-National Research Council (or State or local standards, if
these standards are higher). Grantees must have an annual
certification, prepared and signed by a registered dietitian, which
states that each meal provided under CHSP meets the minimum daily
dietary allowances.
(v) Food stamps and agricultural commodities. In providing meal
services under this paragraph (a)(2), each congregate services program
shall apply for approval as a retail food store under section 9 of the
Food Stamp Act of 1977 (42 U.S.C. 2018); and
(A) If approved under the Food Stamp Act, accept coupons (as
defined in section 3(e) of that Act) as payment from individuals to
whom such meal services are provided; and
(B) Shall request, and use to provide such meal services,
agricultural commodities made available without charge by the Secretary
of Agriculture.
(vi) Preference for nutrition providers: In contracting for or
otherwise providing for meal services under subparagraph (a)(2), each
congregate housing services program shall give preference to any
provider of meal services who:
(A) Receives assistance under title III of the Older Americans Act
of 1965; or
(B) Has experience, according to such standards as the Secretary
concerned shall require, in providing meal services in a housing
project under the Congregate Housing Services Act of 1978, or any other
program for congregate services.
(b) The requirements of paragraph (a)(2) of this section do not
preclude a grantee or owner from directly preparing and providing meals
under its own auspices.
Sec. ______.215 Service plan.
(a) The grantee shall provide a service plan with the application,
estimating the type and nature of the services to be provided, and the
estimated cost for each unit of service.
(b) The grantee shall develop the service plan in consultation with
the Area Agency on Aging and the appropriate state or local agency
serving persons with disabilities, as applicable. Supportive services
or funding for supportive services may be provided by state, local,
public or private providers. Grantees may provide the services or may
contract out the services with service providers in the community.
Sec. ______.220 Service coordinator.
(a) Assistance may be provided to fund one or more service
coordinators who may be responsible for:
(1) Working with the professional assessment committee established
under section Sec. ______.225 on an ongoing basis to assess the service
needs of eligible residents;
(2) Working with service providers and the professional assessment
committee to tailor the provision of services to the minimum needs and
characteristics of eligible residents;
(3) Mobilizing public and private resources to ensure that the
qualifying supportive services identified under Sec. ______.210 can be
funded over the time period identified under Sec. ______.205;
(4) Monitoring the effectiveness of any supportive service program
receiving grant assistance under this section; and
(5) Performing other duties and functions that the Secretary
concerned determines to be appropriate to enable frail elderly persons,
persons with disabilities, and temporarily disabled individuals
residing in federally assisted housing for the elderly to live with
dignity and independence.
(b) The service coordinator shall comply with the qualifications
and standards required by the Secretary concerned. The service
coordinator shall be trained in the aging process, elder services,
disability services, eligibility for and procedures of Federal and
applicable State entitlement programs, legal liability issues relating
to providing service coordination, drug and alcohol use and abuse by
the elderly, mental health issues, and any other areas required by the
Secretary concerned.
(c) The Service Coordinator may be employed directly by the
grantee, or employed under a contract with a case management agency on
a fee-for-service basis, and may serve less than full-time. The Service
Coordinator or the case management agency providing service
coordination shall not provide supportive services under a CHSP grant
or have a financial interest in a service provider agency which intends
to provide services to the grantee for the CHSP.
(d) Funding for service coordinators may be provided by state,
local, public or private providers or CHSP.
(e) The Service Coordinator shall:
(1) Provide general case management and referral services to all
potential participants in the Congregate Housing Services Program. This
involves intake screening upon referral, from the grantee, of income-
eligible frail elderly persons, persons with disabilities and
temporarily disabled individuals, and preliminary assessment of frailty
or disability, using a commonly accepted assessment tool. The Service
Coordinator then will refer to the professional assessment committee
(PAC) those individuals who appear eligible for the CHSP;
(2) Establish professional relationships with all agencies and
service providers in the community, and develop a directory of
providers for use by program staff and program participants;
(3) Refer proposed participants to service providers in the
community, or those of the grantee. Serve as staff to the PAC.
Complete, for the PAC, all paperwork necessary for the assessment,
referral, case monitoring and reassessment processes; implement the
case plan developed by the PAC and agreed to by the program
participant. Maintain necessary case files on each program participant,
containing such information and kept in such form that HUD and FmHA
shall require. Provide the files to PAC members upon request, in
connection with PAC duties;
(4) Monitor the ongoing provision of services from community
agencies and keep the PAC and the agency providing the supportive
service informed of the progress of the participant;
(5) Educate grant recipient's program participants on such issues
as application procedures, service availability, and program
participant options and responsibilities;
(6) Establish volunteer support programs with service organizations
in the community;
(7) Assist the grant recipient to build informal support networks
with neighbors, friends and family;
(8) Educate other project management staff on issues related to
``aging-in-place'' and services coordination, to help them to work with
and assist other persons receiving housing assistance through the
grantee.
(f) Service coordinators shall not serve as members of the PAC.
(g) For a Service Coordinator obtained under contract with a case
management agency, the contract must include provisions containing, at
a minimum: beginning and end dates of the contract; number and
responsibilities of staff provided by the agency; rates of pay/costs of
services to be provided; location of offices, and an agreement to
provide HUD and FmHA access to the files; and other documentation
pertinent to the Congregate Housing Services Program. Any contracts
awarded or purchases made under this subsection by grantees that are
public bodies must conform to the policies and procedures stated at 24
CFR 85.36.
(h) (1) Each frail elderly person, person with disabilities and
temporarily disabled individual tentatively selected by the grantee
must be assessed for degree of functional incapacity before being
accepted into the Congregate Housing Services Program. The assessment
is performed by a voluntary PAC, which handles the individual's
entrance into and the transition out of the Congregate Housing Services
Program, development of case plans for that person, and regular
reassessment of the individuals in the program. PAC members may not be
paid with Congregate program grant funds, but if the duties and
responsibilities of the PAC are discharged by a community agency, the
agency's costs may be counted as matching funds for any time spent on
assessments after the initial approval of program participants, if
approved by the Secretary concerned.
(2) The PAC, upon completion of the assessment, must make a
recommendation to the Service Coordinator for acceptance into (or
denial of acceptance into) the Congregate Program. In the case of an
acceptance, the PAC must provide a case plan for each eligible
resident. Once an individual is accepted into the CHSP it is the
responsibility of the Service Coordinator to tailor the case plan to
the needs of that participant, and to work with community agencies, the
grantee and third party service providers to ensure that the services
are provided on a regular, ongoing, and satisfactory basis, in
accordance with the plan. Before actual acceptance into the Congregate
Housing Services Program, the eligible resident must work with the PAC
and the Service Coordinator in developing his or her supportive
services plan. Acceptance of any services under the plan by the program
participant is voluntary. In developing this plan, the PAC must take
into consideration the participant's needs and wants and must provide
the minimum supportive services necessary to maintain independence. If
participants want other services, they can buy them at cost, if
available.
Sec. ______.225 Professional Assessment Committee (PAC).
(a) General. A professional assessment committee, under paragraph
(b) of this section, shall identify eligible project residents and
shall designate services appropriate to the functional abilities and
needs of each eligible project resident. The committee shall utilize
procedures that ensure that the process of determining eligibility of
individuals for congregate services affords individuals fair treatment,
due process and a right of appeal of the determination of eligibility,
and shall ensure the confidentiality of personal and medical records. A
professional assessment committee under this section shall consist of
not less than three individuals, who shall be appointed to the
committee by the officials of the eligible housing project responsible
for the congregate services program. It shall include at least one
qualified medical or other health professional and social services
professionals competent to appraise the functional abilities of frail
elderly persons, persons with disabilities and temporarily disabled
individuals in relation to the performance of tasks of daily living.
Service coordinators shall not serve as PAC members. PAC members are
subject to the conflict of interest provisions in Sec. ______.245(f).
The PAC may be either a voluntary committee appointed by the project
management or an agency in the community which provides assessment
services and can conform to HUD and FmHA requirements. At least one PAC
member shall not have any direct or indirect relationship to the
grantee. No PAC member may be affiliated with organizations providing
services under the grant. If a case management agency provides the
service coordination, the agency may not be affiliated with the
organization providing supportive services under the grant.
(b) Operating procedures. The PAC shall:
(1) Recommend, to the Service Coordinator, persons eligible for
entrance, or for transition out of, CHSP;
(2) Authorize or perform medical evaluations, if necessary. These
evaluations may be performed by a PAC medical professional, or the
applicants to CHSP may be referred to another agency in the community
that will perform the evaluation without charge;
(3) Recommend, and update as necessary, a supportive services plan
for each frail elderly person or person with disabilities, or
temporarily disabled person;
(4) Obtain and retain information in files concerning program
participants. The files should contain such information and be
maintained in such form, as HUD and FmHA shall require;
(5) Present written evaluations to the grantee; and
(6) Allow program participants to appeal decisions related to
entrance to, degree of participation needed, and transition out of
CHSP.
(c) Duties of the PAC. The PAC is required to:
(1) Perform a formal assessment of each potential elderly program
participant's deficiencies in performing the ADLs. This assessment
shall be based upon the screening done by the Service Coordinator, and
shall include a review of the adequacy of the informal support network
(i.e., family and friends available to the potential participant to
assist in meeting the ADL needs of that individual);
(2) Determine that each elderly program participant is deficient in
at least three ADLs. The minimum requirements of ADL include:
(i) Eating (may need assistance with cooking, preparing or serving
food, but must be able to feed self),
(ii) Dressing (must be able to dress self, but may need occasional
assistance),
(iii) Bathing (may need assistance in getting in and out of the
shower or tub, but must be able to wash self),
(iv) Grooming (may need assistance in washing hair, but must be
able to take care of personal appearance),
(v) Getting in and out of bed and chairs, walking, going outdoors,
using the toilet and
(vi) Household management activities (may need assistance in doing
housework, grocery shopping or laundry, or getting to and from one
location to another for activities such as going to the doctor and
shopping, but must be mobile. The mobility requirement does not exclude
persons in wheelchairs or those requiring mobility devices.)
Each of the Activities of Daily Living noted above includes a
requirement that a person must be able to perform at a specified
minimal level (e.g., to satisfy the eating ADL, the person must be able
to feed him/herself). The determination of whether a person meets this
minimal level of performance must include consideration of those
services that will be performed by a person's spouse, relatives or
other attendants to be provided by the individual. For example, if a
person requires assistance with cooking, preparing or serving food plus
assistance in feeding him/herself, the individual would meet the
minimal performance level and thus satisfy the eating ADL, if a spouse,
relative or attendant provides assistance with feeding the person.
Should such assistance become unavailable at any time, the Owner is not
obligated at any time to provide individualized services beyond those
offered to the resident population in general. The Activities of Daily
Living analysis is relevant only with regard to determination of a
person's eligibility to receive supportive services paid for by CHSP
and is not a determination of eligibility for occupancy;
(3) Determine that non-elderly disabled individuals qualify under
the definition of person with disabilities under Sec. ______.105;
(4) Perform a regular assessment and updating of the supportive
services plan of all participants;
(5) Replace any members of the PAC within 30 days after a member
resigns. A PAC shall not do formal assessments if its membership drops
below three, or if the qualified medical professional leaves the PAC
and has not been replaced by the grantee;
(6) Notify the grantee or eligible owner and the program
participants of any proposed modifications to PAC procedures, and
provide these parties with a process and reasonable time period in
which to review and comment, before adoption of a modification;
(7) Provide assurance of nondiscrimination in selection of CHSP
participants, with respect to race, religion, color, sex, national
origin, familial status or type of disability;
(8) Provide complete confidentiality of information related to any
individual examined, in accordance with the Privacy Act of 1974;
(d) Procedural rights of participants. (1) The PAC must provide an
informal process that recognizes the rights of individuals receiving
assistance to due process of law. This process, at a minimum, must
consist of:
(i) Serving the participant with a written notice containing a
clear statement of the reasons for termination;
(ii) A review of the decision, in which the participant is given
the opportunity to present written or oral objections before a person
other than the person (or a subordinate of that person) who made or
approved the termination decision; and
(iii) Prompt written notification of the final decision to the
participant.
(2) Procedures must ensure that any frail elderly person, person
with disabilities, or temporarily disabled person (and program
participant upon reassessment) has the option of refusing offered
services and requesting other supportive services as part of the case
planning process.
(3) In situations where an individual requests additional services,
not initially recommended by the PAC, the PAC must make a determination
whether the request is legitimately a needs-based service that can be
covered under the CHSP subsidy. Individuals can pay for services other
than those recommended by the PAC as long as the additional services do
not interfere with the efficient operation of the program.
(e) Eligibility, admissions and transition-out procedures. (1)
Before selecting frail elderly persons, persons with disabilities, or
temporarily disabled participants, each grantee (with PAC assistance)
shall develop a supportive services application form for the use of
persons applying for supportive services under CHSP. The information in
the individual's supportive services application is crucial to the
PAC's determination of the need for further physical or psychological
evaluation of any individual who wishes to receive the supportive
services offered. The application should include: any intake form, the
ADL assessment, and appropriate comments from both the applicant's
physician and the Service Coordinator.
(2) The grantee or PAC must develop procedures for providing for an
individual's transition out of the CHSP to another setting. Transition
out is based upon the degree of supportive services needed by an
individual to continue to live independently. If a program participant
is transitioned out of the program, but wishes to retain supportive
services, he or she may do so, as long as he or she remains income
eligible, continues to live in an eligible project, and pays the full
cost of services provided. A participant can be transitioned out of
CHSP if he or she:
(i) Gains physical and mental health and is able to function
without supportive services, even if only for a short time (in which
case readmission, based upon reassessment to determine the degree of
frailty or the disability, is acceptable);
(ii) Requires a higher level of care than that which can be
provided under CHSP; or
(iii) Refuses or fails to pay service fees.
Sec. ______.230 Eligibility.
(a) Participants. (1) Any eligible resident as defined in
Sec. ______.105 of an eligible housing project (or any person who, with
deinstitutionalization and appropriate supportive services under this
section, could become a resident of eligible federally assisted
housing) shall be eligible for services under the CHSP.
(2) In providing services under a Congregate Housing Services
Program, the program shall give priority to very low income
individuals, and shall consider their service needs in selecting
program participants.
(b) Other residents. Elderly persons, persons with disabilities and
temporarily disabled individuals who reside in an eligible housing
project other than eligible project residents under paragraph (a)(1) of
this section may receive services from a congregate services program if
the housing managers, congregate service coordinators, and the
professional assessment committee jointly determine that the
participation of these individuals will not negatively affect the
provision of services to eligible project residents. Residents eligible
for services under this paragraph shall pay fees as provided under
Sec. ______.240.
(c) Nonresidents. Elderly persons, persons with disabilities, and
temporarily disabled persons who are not residents of the project may
participate in the Congregate Housing Services Program at the option of
program management in consultation with project residents, if the
participation of these persons will not adversely affect the cost
effectiveness or operation of the program, or add significantly to the
need for assistance. Nonresidents who receive services under the
congregate services program shall pay a fee as established under
Sec. ______.240(f).
Sec. ______.235 Cost distribution.
(a) General. Each state, Indian tribe, unit of general government,
or local nonprofit housing sponsor that receives amounts under a
contract under Sec. ______.205(a) shall supplement any such amount with
amounts sufficient to provide at least 50 percent of the cost of
providing the congregate services program. In instances where the state
is the applicant, the local government's contribution shall not exceed
10 percent of the amount required of the state. The Secretary concerned
shall authorize owners to use excess residual receipts (if authorized)
to the extent available to supplement funds received from CHSP.
(1) The CHSP shall provide no more than 40 percent of the cost of
the program, under a grant agreement in accordance with
Sec. ______.205(a).
(2) Fees paid by the participants under Sec. ______.240 shall
provide at least 10% of the cost of the program up to a maximum of 20%
of each participant's adjusted income. The Secretary concerned shall
provide for the waiver of fees for individuals who are without income.
(b) Maintenance of existing supportive services. In the
application, the applicant (and or Project, if different) shall certify
that it shall maintain the existing supportive services that frail
elderly and nonelderly disabled residents are already receiving,
including those which a PAC may determine are necessary to maintain
independence for potential CHSP participants. These services will be
maintained either for the time the individual remains in the CHSP, or
for the duration of the CHSP grant. These services do not qualify as
matching funds.
(c) Prohibition on substitution of funds. The grantee shall ensure
that the activities provided to the project under a grant in support of
activities eligible for assistance under this part will be in addition
to, and not in substitution for, annual funds the grantee was providing
to the project in support of activities eligible for assistance under
this part before the date of the submission of the application for CHSP
assistance. The grantee shall certify to the Secretary concerned that
CHSP funds will not be substituted for funds that the grantee was
providing before the date of application for assistance under CHSP.
(d) Eligible supplemental contributions (Matching Funds). (1) All
sources of matching funds must be directly related to the types of
supportive services prescribed by the PAC or CHSP administration.
(2) Matching funds may include:
(i) Cash (which may include funds from federal, state and local
governments, third party contributions, available payments authorized
under Medicaid for specific individuals in the Congregate Housing
Services Program, Community Development Block Grants or Community
Services Block Grants, Older Americans Act programs or excess residual
funds with the approval of the Secretary concerned).
(ii) The imputed dollar value of other agency or third party-
provided direct services or staff who will work with or provide
services to program participants; these services must be justified in
the application to assure that they are the new or expanded services of
the CHSP necessary to keep the program participants independent without
creating dependence. If services are provided by the state, Indian
tribe, unit of general local government, or local nonprofit housing
sponsor, IHA, PHA, for profit or not for profit owner, any salary paid
to staff from governmental sources to carry out the program of the
grantee and any salary paid to residents employed by the program (other
than from amounts under a contract under Sec. ______.205) is allowable
match.
(iii) In-kind items (these are limited to 10 percent of the 50
percent matching amount), such as the current market value of donated
common or office space, utility costs, furniture, material, supplies,
equipment and food used in direct provision of services. The applicant
must provide an explanation for the estimated donated value of any item
listed.
(iv) The value of services performed by volunteers to the program,
at the rate of $5.00 an hour.
(e) Limitation. (1) The following are not eligible for use as cash
match funds:
(i) Funds from a PHA's operating funds;
(ii) PHA's section 8 administrative fee;
(iii) CHSP funds;
(iv) Section 8 funds other than excess residual receipts;
(v) CIAP funds unless used for service coordination or case
management;
(vi) Comprehensive grant funds unless used for service coordination
or case management.
(2) For purposes of complying with the requirements of paragraph
(a) of this section, if the state is the applicant, the Secretary
concerned may not consider any amounts contributed or provided by any
local government to any state receiving assistance under this section
that exceeds 10 percent of the amount required of the state.
(f) Annual review of match. The Secretary concerned will review the
infusion of matching funds annually, as part of the program/budget
review. If there are insufficient matching funds available to meet
program requirements at any point after grant start-up, or at any time
during the term of the grant (i.e., if matching funds from sources
other than program participant fees drop below 50 percent of total
supportive services cost), the Secretary concerned may decrease the
federal grant share of supportive services funds accordingly.
Sec. ______.240 Program participant fees.
(a) Eligible program participants. The grantee of each funded
eligible housing project shall establish fees for meals and other
services provided under a congregate services program, which shall be
sufficient to provide at least 10 percent of the costs of the program.
Each program participant shall pay CHSP fees as stated below up to a
maximum of 20 percent of the program participant's adjusted income. In
cases where a program participant has no adjusted income, the fee
requirement may be waived by the grantee. If a participant's fees are
waived, the grantee shall share 50/50 the cost of any shortfall in fee
collections with the Secretary concerned.
(b) Fees shall include. (1) Cash contributions of the program
participant;
(2) Food Stamps; and
(3) Contributions or donations to other eligible programs
acceptable as match under Sec. ______.235(d).
(c) Older Americans Act Program. No fee may be charged for any
meals or supportive services under the CHSP if that service is funded
under an Older Americans Act Program.
(d) Meal Fees. (1) For full meal services, the fees for residents
receiving more than one meal per day, seven days per week, shall be
reasonable and shall equal between 10 and 20 percent of the adjusted
income of the project resident, or the cost of providing the services,
whichever is less.
(2) The fees for residents receiving meal services less frequently
than as described in subparagraph (d)(1) shall be in an amount equal to
10 percent of the adjusted income of the project resident, or the cost
of providing the services, whichever is less.
(e) Other service fees. The grantee of an eligible project may also
establish fees for other supportive services so that the total fees
collected from all participants for meals and other services is no less
than 10 percent of the total cost of the CHSP. However, no program
participants may pay more than 20 percent of their adjusted incomes for
any combination of services.
(f) Other residents and nonresidents. Fees shall be established for
residents of eligible housing projects (other than eligible project
residents) and for nonresidents who receive meals and other services
from a congregate services program under Sec. ______.230 (b) or (c).
These fees shall be in an amount equal to the cost of providing the
services.
Sec. ______.245 Other Federal requirements.
(a) OMB circulars and administrative requirements. The policies,
guidelines and requirements of OMB Circular No. A-87 and 24 CFR part 85
apply to the acceptance and use of assistance under this program by
public body grantees. The policies, guidelines and requirements of OMB
Circular No. A-122 apply to the acceptance and use of assistance under
this program by nonprofit grantees. Grantees are also subject to the
audit requirements described in 24 CFR part 44 (OMB Circular A-128).
(b) Drug-free workplace. Grantees must certify that they will
provide a drug-free workplace, in accordance with the Drug-Free
Workplace Act of 1988 and HUD's implementing regulations at 24 CFR part
24, subpart F.
(c) Nondiscrimination and equal opportunity. Recipients must comply
with the following requirement for nondiscrimination on the basis of
race, color, religion, sex, national origin, age, familial status, and
disability:
(1) Fair housing requirements. The requirements of the Fair Housing
Act (42 U.S.C. 3601-19) and HUD's fair housing regulations (24 CFR part
100); Executive Order 11063 (Equal Opportunity in Housing) and 24 CFR
part 107; the fair housing poster regulations (24 CFR part 110) and
advertising guidelines (24 CFR part 109).
(2) Nondiscrimination in housing. Title VI of the Civil Rights Act
of 1964 (42 U.S.C. 2000d) and HUD regulations at 24 CFR part 1.
(3) Discrimination on the basis of age or handicap. The
prohibitions against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101-07) and HUD regulations at
24 CFR part 146, and the prohibitions against discrimination against
disabled individuals under section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794) and HUD regulations at 24 CFR part 8.
(4) Employment opportunities. The requirements of section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) (Employment
Opportunities for Lower Income Persons in Connection With Assisted
Projects) and the implementing regulations at 24 CFR part 135.
(5) Minority and women's business enterprises. The requirements of
Executive Orders 11246, 11625, 12432, and 12138. Consistent with HUD's
responsibilities under these Orders, recipients must make efforts to
encourage the use of minority and women's business enterprises in
connection with funded activities.
(6) Affirmative outreach. The Affirmative Fair Housing Marketing
Program requirements of 24 CFR part 200, subpart M, and the
implementing regulations at 24 CFR part 108.
(7) Disability requirements. Fair Housing Act and section 504.
(8) Racial and ethnic collection requirements. Recipients must
maintain current data on the race, ethnicity and gender of program
applicants and beneficiaries in accordance with section 562 of the
Housing and Community Development Act of 1987 and section 808(e)(6) of
the Fair Housing Act.
(d) Anti-lobbying certification. Section 319 of Public Law 101-121
prohibits recipients of Federal contracts, grants and loans from using
appropriated funds for lobbying the Executive or Legislative Branches
of the Federal Government. Indian tribes, tribal organizations and
Indian Housing Authorities created under Tribal Law are excluded from
coverage under Section 319. A common rule governing the restrictions on
lobbying was published by the Department of Agriculture at 7 CFR part
3018 and by the Department of Housing and Urban Development at 24 CFR
part 87. The rule requires applicants, grantees, and subgrantees of
assistance exceeding $100,000 in budget authority to certify that no
Federal funds have been or will be spent on lobbying activities in
connection with the assistance. The rule also requires disclosures from
applicants, among others, if nonappropriated funds have been spent or
committed for lobbying activities if those activities would be
prohibited if paid with appropriated funds. The law provides
substantial monetary penalties for failure to file the required
certification or disclosure.
(e) Debarred or suspended contractors. The provisions of 24 CFR
part 24 and 7 CFR part 3017 apply to the employment, engagement of
services, awarding of contracts, or funding of any contractors or
subcontractors during any period of debarment, suspension, or placement
in ineligibility status.
(f) Conflict of interest. In addition to the conflict of interest
requirements in OMB Circular A-87 and 24 CFR part 85, no person who is
an employee, agent, consultant, officer, or elected or appointed
official of the applicant, and who exercises or has exercised any
function or responsibilities with respect to activities assisted with
congregate housing services program grant funds, or who is in a
position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a personal or
financial interest or benefit from the activity, or have an interest in
any contract, subcontract, or agreement with respect thereto, or any
proceeds thereunder, either for himself or herself or for those with
whom he or she has family or business ties during his or her tenure, or
for one year thereafter.
(g) Disclosures required by Reform Act. Section 102(c) of the HUD
Reform Act of 1989, Public Law 101-235 (December 15,1980) requires
disclosure concerning other government assistance to be made available
with respect to the program and parties with a pecuniary interest in
the Congregate Housing Services Program and submission of a report on
expected sources and uses of funds to be made available for CHSP. Each
applicant shall include information required by 24 CFR part 12 on form
HUD-2880 ``Applicant/Recipient Disclosure/Update Report.''
Sec. ______.300 Application.
The application must contain all of the information required by the
Notice of Funding Availability (NOFA).
Sec. ______.305 Application evaluation and selection.
Each application shall be reviewed and screened for technical
deficiencies in accordance with the guidelines and procedures published
in the NOFA. Applications will be selected in accordance with the
procedures set forth in the NOFA.
Sec. ______.325 Monitoring of project sites by Governmental units.
States, Indian tribes and units of general local government with a
grant for multiple projects shall be responsible for monitoring the
performance of all project sites for compliance with CHSP regulations
and procedures in such manner as prescribed by HUD/FmHA.
Sec. ______.330 Evaluation of provision of congregate services
programs.
(a) States, Indian tribes and units of general local government
receiving assistance annually shall review and evaluate the performance
of the congregate services programs at eligible housing projects
receiving assistance in their respective jurisdictions.
(b) Grantees annually shall submit to the Secretary concerned, a
report evaluating the impact and effectiveness of congregate services
programs in the jurisdiction of the grantee, in such form as the
Secretary concerned shall require.
(c) The Secretary of Housing and Urban Development and the
Secretary of Agriculture shall review and evaluate the performance of
the congregate services programs of eligible housing projects receiving
assistance under this section.
(d) Each state, Indian tribe, unit of general local government and
nonprofit housing sponsor receiving assistance shall submit a
certification with its application, agreeing to cooperate with and to
provide requested data to the entity responsible for the program
evaluation, if requested to do so by the Secretary concerned.
Sec. ______.335 Renewal of grants.
(a) Grantees funded initially under this part shall be eligible to
receive continued, non-competitive renewals after the initial five-year
term of the grant, if funds are appropriated and available.
(b) Grantees will receive priority funding within time periods
prescribed by the Secretary concerned, subject to the availability of
funding, satisfactory performance, and compliance with these
regulations.
(c) Renewal of these grants shall be within the time periods and in
the form as prescribed by the Secretary concerned.
Sec. ______.400 Participatory agreement.
Each program participant must sign a participatory agreement
governing the utilization of supportive services and the payment of
supportive services fees. The agreement must be renegotiated with the
participant annually by the grantee.
Sec. ______.405 Reserve for supplemental adjustment.
The Secretary concerned may reserve not more than 5 percent of the
amounts made available in each fiscal year to supplement grants awarded
to owners under this section when, in the determination of the
Secretary concerned, supplemental adjustments are required to maintain
adequate levels of services to eligible residents. Requests to utilize
supplemental funds by the grantee shall be transmitted to the Secretary
concerned in such form as may be required. Funds in the reserve which
are not used during the first six months of each annual review cycle
may be used for future CHSP grants.
Sec. ______.415 Recapture.
(a) The Secretary concerned may impose sanctions, recapture grant
funds or terminate grants for supportive services for:
(1) Grantee's non-compliance with the grant agreement, regulations
of HUD or FmHA requirements; or
(2) Failure of the grantee to provide supportive services within 12
months of execution of the Congregate Housing Services Program grant.
(b) Sanctions include but are not limited to the following:
(1) Temporary withholding of reimbursements, extensions or renewals
under the grant agreement, pending correction of deficiencies by the
grantee;
(2) Contract conditioning;
(3) Termination of the grant;
(4) Substitution of grantee;
(5) And any other action deemed necessary by the Secretary
concerned.
Sec. ______.420 Reports.
Each grantee shall submit annual and other program and fiscal
reports to the Secretary concerned in such form and at such times, as
the Department concerned requires.
Sec. ______.425 Budget submissions.
Each grantee shall submit a supportive services budget for the
first year of supportive services delivery, and annually thereafter, in
such form as the Department concerned requires. The budget for the
first year normally will utilize less than 20 percent of the funds
potentially available, due to start-up. Any utilization of less than 20
percent of supportive services funds in any year can be carried forward
for use in later years.
Sec. ______.430 Program costs.
(a) Allowable costs. (1) Allowable costs for direct provision of
supportive services includes the provision of supportive services and
others approved by the Department concerned for:
(i) Direct hiring of staff, including a Service Coordinator;
(ii) Supportive service contracts with third parties;
(iii) Equipment and supplies (including food) necessary to provide
services;
(iv) Operational costs of a transportation service (e.g., mileage,
insurance, gasoline and maintenance, driver wages, taxi or bus
vouchers);
(v) Purchase or leasing of vehicles;
(vi) Direct and indirect administrative expenses for administrative
costs such as annual fiscal review and audit, telephones, postage,
travel, professional education, furniture and equipment, and costs
associated with self evaluation or assessment (not to exceed one
percent of the total budget for the activities approved) and
(vii) States, Indian tribes and units of general local government
with more than one project included in the grant may receive up to 1%
of the total cost of the grant for monitoring the projects.
(2) Allowable costs shall be reasonable, necessary and recognized
as expenditures in compliance with the Office of Management and
Budget's (OMB) Cost Policies, i.e., OMB Circular A-87, 24 CFR 85.36,
and OMB Circular A-128. (Copies of OMB Circulars may be obtained from
E.O.P. Publications, room 2200, New Executive Office Building,
Washington, DC 20503, telephone (202) 395-7332. (This is not a toll-
free number.) There is a limit of two free copies.
(b) Nonallowable costs. (1) The Congregate Housing Services Program
supportive service funds may not be used to cover expenses related to
any grantee program, service, or activity existing at the time of
application to the Congregate Housing Services Program.
(2) Examples of non-allowable costs under the program are:
(i) Capital funding (such as purchase of buildings, related
facilities or land and certain major kitchen items such as stoves,
refrigerators, freezers, dishwashers, trash compactors or sinks);
(ii) Administrative costs, such as a non-proportional share of
costs charged to the Congregate Housing Services Program for rent/
lease, utilities, staff time;
(iii) Payments to PAC members (other than the Service Coordinator)
or third party organizations providing that function;
(iv) Cost of supportive services other than those approved by the
Secretary concerned;
(v) Modernization, renovation or new construction of a building or
facility, including kitchens;
(vi) Any costs related to the development of the application and
plan of operations before the effective date of the Congregate Housing
Services Program grant award;
(vii) Emergency medical services and ongoing and regular care from
doctors and nurses, including but not limited to administering
medication, purchase of medical supplies, equipment and medications,
overnight nursing services, and other institutional forms of service,
care or support;
(viii) Occupational therapy and vocational rehabilitation services;
or
(ix) The value of PAC members' time for any time period estimate
related to the initial assessment of individuals before they are
accepted into the CHSP; or
(x) Other items defined as unallowable costs in the supportive
services grant instrument and OMB Circular A-87 or 122.
(c) Administrative cost limitation. A recipient of assistance under
this section may not use more than 10 percent of the sum of the
assistance and the contribution amounts required under
Sec. ______.235(a) for administrative costs, and shall ensure that any
entity to which the recipient distributes amounts may not expend more
than a reasonable amount from distributed amounts for administrative
costs. Administrative costs may not include any capital expenses.
Sec. ______.435 Use of residents in providing services.
Each housing project that receives assistance under this section
shall, to the maximum extent practicable, utilize the elderly and
persons with disabilities who are residents of the housing project, but
who are not eligible project residents, to participate in providing
congregate services under this part. These individuals shall be paid
wages that shall not be less than the higher of:
(a) The minimum wage that would be applicable to the employee under
the Fair Labor Standards Act of 1938, if section 6(a)(1) of that Act
applied to the resident, and if the resident were not exempt under
section 13 of that Act;
(b) The State or local minimum wage for the most nearly comparable
covered employment; or
(c) The prevailing rates of pay for persons employed in similar
public occupations by the same employer.
Sec. ______.440 Services provided not income.
Except for wages paid under Sec. ______.435, services provided to a
resident of an eligible housing project under a congregate services
program shall not be considered as income for the purpose of
determining eligibility for or the amount of assistance or aid
furnished under, any federal, federally assisted, or state program
based on need.
Sec. ______.445 Consultation with the Department of Health and Human
Services.
The Secretary concerned shall consult with the Secretary of Health
and Human Services regarding the availability of assistance from other
Federal programs to support services under this part and shall make
information available to applicants for assistance under this part.
______.500 Eligibility and priority for 1978 Act recipients.
(a) Notwithstanding any other provision of this section, any public
housing agency or nonprofit corporation assisted under section 202 of
the Housing Act of 1959 that was receiving assistance under a grant
under the Congregate Housing Services Act of 1978 on November 28, 1990
shall receive assistance under the Congregate Housing Services Act of
1978 for the remainder of the term of its grant, and shall receive
priority for assistance under this section after the expiration of its
grant.
(b) For any congregate services program that was receiving
assistance under a grant under the Congregate Housing Services Act of
1978 on November 28, 1990, the grantee, in coordinating with a local
government with respect to that grantee's program, shall not be subject
to the requirement to provide supplemental contributions under
Sec. ______.235(a) (for that program) for the six-year period beginning
on the expiration of the program's current assistance contract. Each
such program recipient shall maintain, for the six-year period, the
same dollar amount of annual contributions in support of the services
eligible for assistance under this section as was contributed to the
program during the year preceding November 28, 1990. This amount shall
be equal to no less than the dollar amount of the annual contribution
plus any inflationary increases allowed by HUD and FmHA.
Sec. ______.505 Submission and approval of applications by grantees.
The applicant shall submit an application as required by the
Secretary concerned.
Sec. ______.510 Submission and approval of applications by grantees
funded initially under the 1978 Act, after the six-year transition
period.
Grantees funded initially under the 1978 Act shall be eligible to
receive continued, non-competitive funding after the six-year
transition period. These grantees will be eligible to receive priority
funding under this part if they comply with these regulations and with
the requirements of any Funding Notice issued in a particular fiscal
year.
Sec. ______.515 Waiver authority.
The Secretary concerned may waive any requirement of these
regulations that is not required by law, upon a determination of good
cause. Each waiver will be in writing, supported by documentation of
the pertinent facts and grounds, and signed by the Secretary concerned.
The Secretary concerned will publish notice of granted waivers in the
Federal Register.
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DEPARTMENT OF AGRICULTURE
Adoption of the Final Common Rule
The agency specific adoption of the final common rule, which
appears at the end of the common preamble appears below:
FARMERS HOME ADMINISTRATION
7 CFR Part 1944
List of Subjects in 7 CFR Part 1944
Farm labor housing, Migrant labor, Nonprofit organizations, Public
housing, Rent subsidies, and Rural rental housing.
Chapter XVIII of title 7 of the Code of Federal Regulations is
amended by revising subpart F to part 1944 to read as set forth at the
end of the common preamble.
Dated: April 5, 1994.
Bob J. Nash,
Under Secretary, Small Community and Rural Development.
PART 1944--HOUSING
Subpart F--Congregate Housing Services Program
Sec.
1944.251 (______.100) Authority and purpose.
1944.252 (______.105) Definitions.
1944.253 (______.200) Announcement of fund availability and
selection criteria.
1944.254 (______.205) Grant agreement.
1944.255 (______.210) Eligible activities.
1944.256 (______.215) Service plan.
1944.257 (______.220) Service coordinator.
1944.258 (______.225) Professional Assessment Committee (PAC).
1944.259 (______.230) Eligibility.
1944.260 (______.235) Cost distribution.
1944.262 (______.240) Program participant fees.
1944.264 (______.245) Other Federal requirements.
1944.266 (______.300) Application.
1944.268 (______.305) Application evaluation and selection.
1944.270 (______.325) Monitoring of project sites by Governmental
units.
1944.272 (______.330) Evaluation of provision of Congregate
Services Programs.
1944.274 (______.335) Renewal of grants.
1944.276 (______.400) Participatory agreement.
1944.278 (______.405) Reserve for supplemental adjustment.
1944.282 (______.415) Recapture.
1944.284 (______.420) Reports.
1944.286 (______.425) Budget submissions.
1944.288 (______.430) Program costs.
1944.290 (______.435) Use of residents in providing services.
1944.292 (______.440) Services provided not income.
1944.294 (______.445) Consultation with the Department of Health
and Human Services.
1944.296 (______.500) Eligibility and priority for 1978 Act
recipients.
1944.298 (______.505) Submission and approval of applications by
grantees.
1944.300 (______.510) Submission and approval of applications by
grantees funded initially under the 1978 Act, after the six-year
transition period.
1944.302 (______.515) Waiver authority.
Authority: 42 U.S.C. 1480, 8011; 5 U.S.C. 301, 7 CFR 2.23 and
2.70.
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DEPARTMENT OF AGRICULTURE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 700
List of Subjects in 24 CFR Part 700
Aged, Grant Programs--housing and community development,
Individuals with disabilities, Low and moderate income housing,
Nutrition, Public housing, Rent subsidies, Reporting and recordkeeping
requirements, and Supportive Services.
Title 24 of the Code of Federal Regulations is amended by revising
part 700 to read as set forth at the end of the common preamble.
Dated: April 14, 1994.
Henry G. Cisneros,
Secretary.
Part 700 is revised to read as set forth at the end of the common
preamble.
PART 700--CONGREGATE HOUSING SERVICES PROGRAM
Sec.
700.100 Authority and policy.
700.105 Definitions.
700.200 Announcement of fund availability and selection criteria.
700.205 Grant agreement.
700.210 Eligible activities.
700.215 Service plan.
700.220 Service coordinator.
700.225 Professional Assessment Committee (PAC).
700.230 Eligibility.
700.235 Cost distribution.
700.240 Program participant fees.
700.245 Other Federal requirements.
700.300 Application.
700.305 Application evaluation and selection.
700.325 Monitoring of Project Sites by Governmental Units.
700.330 Evaluation of provision of Congregate Services Programs.
700.335 Renewal of grants.
700.400 Participatory agreement.
700.405 Reserve for supplemental adjustment.
700.415 Recapture.
700.420 Reports.
700.425 Budget submissions.
700.430 Program costs.
700.435 Use of residents in providing services.
700.440 Services provided not income.
700.445 Consultation with the Department of Health and Human
Services.
700.500 Eligibility and priority for 1978 Act recipients.
700.505 Submission and approval of applications by grantees.
700.510 Submission and approval of applications by grantees funded
initially under the 1978 Act, after the six-year transition period.
700.515 Waiver authority.
Authority: Sec. 802, National Affordable Housing Act (42 U.S.C.
8011) and Sec. 604, Housing and Community Development Act of 1992.
[FR Doc. 94-9878 Filed 4-28-94; 8:45 am]
BILLING CODE 4210-32-P
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.