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42 U.S.C. § 1396u — Community supported living arrangements services
Federal law — U.S. Code and appendices · legal_authorities
**(a) Community supported living arrangements services** In this subchapter, the term “community supported living arrangements services” means one or more of the following services meeting the requirements of subsection (h) provided in a State eligible to provide services under this section (as defined in subsection (d)) to assist a developmentally disabled individual (as defined in subsection (b)) in activities of daily living necessary to permit such individual to live in the individual’s own home, apartment, family home, or rental unit furnished in a community supported living arrangement setting:
(1) Personal assistance.
(2) Training and habilitation services (necessary to assist the individual in achieving increased integration, independence and productivity).
(3) 24-hour emergency assistance (as defined by the Secretary).
(4) Assistive technology.
(5) Adaptive equipment.
(6) Other services (as approved by the Secretary, except those services described in subsection (g)).
(7) Support services necessary to aid an individual to participate in community activities.
**(b) “Developmentally disabled individual” defined** In this subchapter the term,11 So in original. The comma probably should precede “the term”. “developmentally disabled individual” means an individual who as defined by the Secretary is described within the term “mental retardation and related conditions” as defined in regulations as in effect on July 1, 1990, and who is residing with the individual’s family or legal guardian in such individual’s own home in which no more than 3 other recipients of services under this section are residing and without regard to whether or not such individual is at risk of institutionalization (as defined by the Secretary).
**(c) Criteria for selection of particip
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Source file: Laws/federal/codes/united-states-code/title-42/section-1396u-community-supported-living-arrangements-services--bfd5f41dbd.md
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Source location: Title 42, Chapter 7, § 1396u; chapter-007-social-security.md
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**(a) Community supported living arrangements services** In this subchapter, the term “community supported living arrangements services” means one or more of the following services meeting the requirements of subsection (h) provided in a State eligible to provide services under this section (as defined in subsection (d)) to assist a developmentally disabled individual (as defined in subsection (b)) in activities of daily living necessary to permit such individual to live in the individual’s own home, apartment, family home, or rental unit furnished in a community supported living arrangement setting:
(1) Personal assistance.
(2) Training and habilitation services (necessary to assist the individual in achieving increased integration, independence and productivity).
(3) 24-hour emergency assistance (as defined by the Secretary).
(4) Assistive technology.
(5) Adaptive equipment.
(6) Other services (as approved by the Secretary, except those services described in subsection (g)).
(7) Support services necessary to aid an individual to participate in community activities.
**(b) “Developmentally disabled individual” defined** In this subchapter the term,11 So in original. The comma probably should precede “the term”. “developmentally disabled individual” means an individual who as defined by the Secretary is described within the term “mental retardation and related conditions” as defined in regulations as in effect on July 1, 1990, and who is residing with the individual’s family or legal guardian in such individual’s own home in which no more than 3 other recipients of services under this section are residing and without regard to whether or not such individual is at risk of institutionalization (as defined by the Secretary).
**(c) Criteria for selection of participating States** The Secretary shall develop criteria to review the applications of States submitted under this section to provide community supported living arrangement services. The Secretary shall provide in such criteria that during the first 5 years of the provision of services under this section that no less than 2 and no more than 8 States shall be allowed to receive Federal financial participation for providing the services described in this section.
**(d) Quality assurance** A State selected by the Secretary to provide services under this section shall in order to continue to receive Federal financial participation for providing services under this section be required to establish and maintain a quality assurance program, that provides that—
(1) the State will certify and survey providers of services under this section (such surveys to be unannounced and average at least 1 a year);
(2) the State will adopt standards for survey and certification that include—
(A) minimum qualifications and training requirements for provider staff;
(B) financial operating standards; and
(C) a consumer grievance process;
(3) the State will provide a system that allows for monitoring boards consisting of providers, family members, consumers, and neighbors;
(4) the State will establish reporting procedures to make available information to the public;
(5) the State will provide ongoing monitoring of the health and well-being of each recipient;
(6) the State will provide the services defined in subsection (a) in accordance with an individual support plan (as defined by the Secretary in regulations); and
(7) the State plan amendment under this section shall be reviewed by the State Council on Developmental Disabilities established under section 125 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 [42 U.S.C. § 15025] and the protection and advocacy system established under subtitle C of that Act [[42 U.S.C. 15041](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15041&num=0&edition=prelim) et seq.].
The Secretary shall not approve a quality assurance plan under this subsection and allow a State to continue to receive Federal financial participation under this section unless the State provides for public hearings on the plan prior to adoption and implementation of its plan under this subsection.
**(e) Maintenance of effort** States selected by the Secretary to receive Federal financial participation to provide services under this section shall maintain current levels of spending for such services in order to be eligible to continue to receive Federal financial participation for the provision of such services under this section.
**(f) Excluded services** No Federal financial participation shall be allowed for the provision of the following services under this section:
(1) Room and board.
(2) Cost of prevocational, vocational and supported employment.
**(g) Waiver of requirements** The Secretary may waive such provisions of this subchapter as necessary to carry out the provisions of this section including the following requirements of this subchapter—
(1) comparability of amount, duration, and scope of services; and
(2) statewideness.
**(h) Minimum protections**
(1) **Publication of interim and final requirements**
(A) *In general* — The Secretary shall publish, by July 1, 1991, a regulation (that shall be effective on an interim basis pending the promulgation of final regulations), and by October 1, 1992, a final regulation, that sets forth interim and final requirements, respectively, consistent with subparagraph (B), to protect the health, safety, and welfare of individuals receiving community supported living arrangements services.
(B) *Minimum protections* — Interim and final requirements under subparagraph (A) shall assure, through methods other than reliance on State licensure processes or the State quality assurance programs under subsection (d), that—
(i) individuals receiving community supported living arrangements services are protected from neglect, physical and sexual abuse, and financial exploitation;
(ii) a provider of community supported living arrangements services may not use individuals who have been convicted of child or client abuse, neglect, or mistreatment or of a felony involving physical harm to an individual and shall take all reasonable steps to determine whether applicants for employment by the provider have histories indicating involvement in child or client abuse, neglect, or mistreatment or a criminal record involving physical harm to an individual;
(iii) individuals or entities delivering such services are not unjustly enriched as a result of abusive financial arrangements (such as owner lease-backs); and
(iv) individuals or entities delivering such services to clients, or relatives of such individuals, are prohibited from being named beneficiaries of life insurance policies purchased by (or on behalf of) such clients.
(2) **Specified remedies** — If the Secretary finds that a provider has not met an applicable requirement under subsection (h), the Secretary shall impose a civil money penalty in an amount not to exceed $10,000 for each day of noncompliance. The provisions of [section 1320a–7a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a-7a&num=0&edition=prelim) (other than subsections (a) and (b)) shall apply to a civil money penalty under the previous sentence in the same manner as such provisions apply to a penalty or proceeding under [section 1320a–7a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1320a–7a/a&num=0&edition=prelim).
**(i) Treatment of funds** Any funds expended under this section for medical assistance shall be in addition to funds expended for any existing services covered under the State plan, including any waiver services for which an individual receiving services under this program is already eligible.
**(j) Limitation on amounts of expenditures as medical assistance** The amount of funds that may be expended as medical assistance to carry out the purposes of this section shall be for fiscal year 1991, $5,000,000, for fiscal year 1992, $10,000,000, for fiscal year 1993, $20,000,000, for fiscal year 1994, $30,000,000, for fiscal year 1995, $35,000,000, and for fiscal years thereafter such sums as provided by Congress.
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this part is to provide for allotments to support a protection and advocacy system (referred to in this part as a “system”) in each State to protect the legal and human rights of individuals with developmental disabilities in accordance with this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15041
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress finds that—
(1) disability is a natural part of the human experience that does not diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and to fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream of United States society;
(2) in 1999, there were between 3,200,000 and 4,500,000 individuals with developmental disabilities in the United States, and recent studies indicate that individuals with developmental disabilities comprise between 1.2 and 1.65 percent of the United States population;
(3) individuals whose disabilities occur during their developmental period frequently have severe disabilities that are likely to continue indefinitely;
(4) individuals with developmental disabilities often encounter discrimination in the provision of critical services, such as services in the areas of emphasis (as defined in [section 15002 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15002&num=0&edition=prelim));
(5) individuals with developmental disabilities are at greater risk than the general population of abuse, neglect, financial and sexual exploitation, and the violation of their legal and human rights;
(6) a substantial portion of individuals with developmental disabilities and their families do not have access to appropriate support and services, including access to assistive technology, from generic and specialized service systems, and remain unserved or underserved;
(7) individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15001
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subchapter—
**(a) Medical assistance** The term “medical assistance” means payment of part or all of the cost of the following care and services or the care and services themselves, or both (if provided in or after the third month before the month in which the recipient makes application for assistance or, in the case of medicare cost-sharing with respect to a qualified medicare beneficiary described in subsection (p)(1), if provided after the month in which the individual becomes such a beneficiary) for individuals, and, with respect to physicians’ or dentists’ services, at the option of the State, to individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in [section 1396a(a)(10)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396a/a/10/A&num=0&edition=prelim)) not receiving aid or assistance under any plan of the State approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV, and with respect to whom supplemental security income benefits are not being paid under subchapter XVI, who are—
(i) under the age of 21, or, at the option of the State, under the age of 20, 19, or 18 as the State may choose,
(ii) relatives specified in section 606(b)(1) 11 See References in Text note below. of this title with whom a child is living if such child is (or would, if needy, be) a dependent child under part A of subchapter IV,
(iii) 65 years of age or older,
(iv) blind, with respect to Sta
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396d
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Federal law — U.S. Code and appendices · legal_authorities
Page 4363
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 1396u
1 So in original. The comma probably should precede ‘‘the
term’’.
election period under paragraph (2) to reason-
able classifications (based on age, degree of
functional disability, and need for services).
(4) Allocation of medical assistance
The Secretary shall establish a limitation
on the amount of Federal medical assistance
available to any State during the State’s elec-
tion period under paragraph (2). The limita-
tion under this paragraph shall take into ac-
count the limitation under paragraph (1) and
the number of elderly individuals age 65 or
over residing in such State in relation to the
number of such elderly individuals in the
United States during 1990. For purposes of the
previous sentence, elderly individuals shall, to
the maximum extent practicable, be low-in-
come elderly individuals.
(Aug. 14, 1935, ch. 531, title XIX, § 1929, as added
Pub. L. 101–508, title IV, § 4711(b), Nov. 5, 1990, 104
Stat. 1388–174; amended Pub. L. 106–113, div. B,
§ 1000(a)(6) [title VI, § 608(v)], Nov. 29, 1999, 113
Stat. 1536, 1501A–398.)
Editorial Notes
CODIFICATION
Pub. L. 101–508, title IV, § 4711(b)(1), Nov. 5, 1990, 104
Stat. 1388–174, which directed renumbering of section
1929 of the Social Security Act, act Aug. 14, 1935, as sec-
tion 1930, could not be executed because there was no
section 1929.
AMENDMENTS
1999—Subsec.
(c)(2)(E)(i),
(ii).
Pub.
L.
106–113,
§ 1000(a)(6) [title VI, § 608(v)(1)], realigned margins.
Subsec. (k)(1)(A)(i). Pub. L. 106–113, § 1000(a)(6) [title
VI, § 608(v)(2)], substituted ‘‘large community care set-
tings),’’ for ‘‘large community care settings,’’.
Subsec. (l). Pub. L. 106–113, § 1000(a)(6) [title VI,
§ 608(v)(3)], substituted ‘‘Statewideness’’ for ‘‘
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 1396u
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each State that receives assistance under this part shall establish and maintain a Council to undertake advocacy, capacity building, and systemic change activities (consistent with subsections (b) and (c) of [section 15001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section15001&num=0&edition=prelim)) that contribute to a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of this part. The Council shall have the authority to fulfill the responsibilities described in subsection (c).
**(b) Council membership**
(1) **Council appointments**
(A) *In general* — The members of the Council of a State shall be appointed by the Governor of the State from among the residents of that State.
(B) *Recommendations* — The Governor shall select members of the Council, at the discretion of the Governor, after soliciting recommendations from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including the non-State agency members of the Council. The Council may, at the initiative of the Council, or on the request of the Governor, coordinate Council and public input to the Governor regarding all recommendations.
(C) *Representation* — The membership of the Council shall be geographically representative of the State and reflect the diversity of the State with respect to race and ethnicity.
(2) **Membership rotation** — The Governor shall make appropriate provisions to rotate the membership of the Council. Such provisions shall allow members
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 15025
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Federal law — U.S. Code and appendices · legal_authorities
Page 8674
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 15025
U.S.C. 12101 et seq.), section 794d of title 29,
and the Fair Housing Act (42 U.S.C. 3601 et
seq.).
(G) Individualized services
The plan shall provide assurances that any
direct services provided to individuals with
developmental disabilities and funded under
the plan will be provided in an individualized
manner,
consistent
with
the
unique
strengths, resources, priorities, concerns,
abilities, and capabilities of such individual.
(H) Human rights
The plan shall provide assurances that the
human rights of the individuals with devel-
opmental disabilities (especially individuals
without familial protection) who are receiv-
ing services under programs assisted under
this part will be protected consistent with
section 15009 of this title (relating to rights
of individuals with developmental disabil-
ities).
(I) Minority participation
The plan shall provide assurances that the
State has taken affirmative steps to assure
that participation in programs funded under
this part is geographically representative of
the State, and reflects the diversity of the
State with respect to race and ethnicity.
(J) Employee protections
The plan shall provide assurances that fair
and equitable arrangements (as determined
by the Secretary after consultation with the
Secretary of Labor) will be provided to pro-
tect the interests of employees affected by
actions taken under the plan to provide
community living activities, including ar-
rangements designed to preserve employee
rights and benefits and provide training and
retraining of such employees where nec-
essary, and arrangements under which max-
imum efforts will be made to guarantee the
employment of such employees.
(K) Staff assignments
The pl
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15025
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Federal law — U.S. Code and appendices · legal_authorities
Page 8681
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 15042
court the record of the proceedings on which the
Secretary based the action, as provided in sec-
tion 2112 of title 28.
(c) Jurisdiction
Upon the filing of the petition, the court shall
have jurisdiction to affirm the action of the Sec-
retary or to set the action aside, in whole or in
part, temporarily or permanently. Until the fil-
ing of the record, the Secretary may modify or
set aside the order of the Secretary relating to
the action.
(d) Findings and remand
The findings of the Secretary about the facts,
if supported by substantial evidence, shall be
conclusive, but the court, for good cause shown,
may remand the case involved to the Secretary
for further proceedings to take further evidence.
On remand, the Secretary may make new or
modified findings of fact and may modify the
previous action of the Secretary, and shall file
with the court the record of the further pro-
ceedings. Such new or modified findings of fact
shall likewise be conclusive if supported by sub-
stantial evidence.
(e) Finality
The judgment of the court affirming or setting
aside, in whole or in part, any action of the Sec-
retary shall be final, subject to review by the
Supreme Court of the United States upon certio-
rari or certification as provided in section 1254
of title 28.
(f) Effect
The commencement of proceedings under this
section shall not, unless so specifically ordered
by a court, operate as a stay of the Secretary’s
action.
(Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114
Stat. 1711.)
§ 15029. Authorization of appropriations
(a) Funding for State allotments
Except as described in subsection (b), there are
authorized to be appropriated for allotments
under section 15022 of this title $76,
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 15041
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 15041. This identifies an authority to review, not proof of applicability.