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42 U.S.C. § 3030c–3 — Waivers
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that—
(1) approval of the State legislature has been obtained or is not required with respect to the proposal for which waiver is sought;
(2) the State agency has collaborated with the area agencies on aging in the State and other organizations that would be affected with respect to the proposal for which waiver is sought;
(3) the proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the State (and a summary of all of the comments received has been included in the application); and
(4) the State agency has given adequate consideration to the probable positive and negative consequences of approval of the waiver application, and the probable benefits for older individuals can reasonably be expected to outweigh any negative consequences, or particular circumstances in the State otherwise justify the waiver.
**(b) Requirements subject to waiver** The provisions of this subchapter that may be waived under this section are—
(1) any provision of sections 3025, 3026, and 3027 of this title requiring statewide uniformity of programs carried out under this subchapter, to the extent necessary to permit demonstrations, in limited areas of a State, of innovative approaches to assist older individuals;
(2) any area plan requirement described in [section 3026(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3026/a&num=0&edition=prelim) if granting the waiver will promo
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3030c–3
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Stable record: federal_law:legal_authorities:record_usc_8d575003b4f65d8d54986496
Source file: Laws/federal/codes/united-states-code/title-42/section-3030c3-waivers--d4d86c05b8.md
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Source location: Title 42, Chapter 35, § 3030c–3; chapter-035-programs-for-older-americans.md
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**(a) In general** The Assistant Secretary may waive any of the provisions specified in subsection (b) with respect to a State, upon receiving an application by the State agency containing or accompanied by documentation sufficient to establish, to the satisfaction of the Assistant Secretary, that—
(1) approval of the State legislature has been obtained or is not required with respect to the proposal for which waiver is sought;
(2) the State agency has collaborated with the area agencies on aging in the State and other organizations that would be affected with respect to the proposal for which waiver is sought;
(3) the proposal has been made available for public review and comment, including the opportunity for a public hearing upon request, within the State (and a summary of all of the comments received has been included in the application); and
(4) the State agency has given adequate consideration to the probable positive and negative consequences of approval of the waiver application, and the probable benefits for older individuals can reasonably be expected to outweigh any negative consequences, or particular circumstances in the State otherwise justify the waiver.
**(b) Requirements subject to waiver** The provisions of this subchapter that may be waived under this section are—
(1) any provision of sections 3025, 3026, and 3027 of this title requiring statewide uniformity of programs carried out under this subchapter, to the extent necessary to permit demonstrations, in limited areas of a State, of innovative approaches to assist older individuals;
(2) any area plan requirement described in [section 3026(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3026/a&num=0&edition=prelim) if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this chapter;
(3) any State plan requirement described in [section 3027(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3027/a&num=0&edition=prelim) if granting the waiver will promote innovations or improve service delivery and will not diminish services already provided under this chapter;
(4) any restriction under paragraph (5) of [section 3028(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3028/b&num=0&edition=prelim), on the amount that may be transferred between programs carried out under part B and part C; and
(5) the requirement of [section 3029(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3029/c&num=0&edition=prelim) that certain amounts of a State allotment be used for the provision of services, with respect to a State that reduces expenditures under the State plan of the State (but only to the extent that the non-Federal share of the expenditures is not reduced below any minimum specified in [section 3024(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section3024/d&num=0&edition=prelim) or any other provision of this subchapter).
**(c) Duration of waiver** The application by a State agency for a waiver under this section shall include a recommendation as to the duration of the waiver (not to exceed the duration of the State plan of the State). The Assistant Secretary, in granting such a waiver, shall specify the duration of the waiver, which may be the duration recommended by the State agency or such shorter time period as the Assistant Secretary finds to be appropriate.
**(d) Reports to Secretary** With respect to each waiver granted under this section, not later than 1 year after the expiration of such waiver, and at any time during the waiver period that the Assistant Secretary may require, the State agency shall prepare and submit to the Assistant Secretary a report evaluating the impact of the waiver on the operation and effectiveness of programs and services provided under this subchapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Congressional declaration of purpose**
(1) It is the purpose of this subchapter to encourage and assist State agencies and area agencies on aging to concentrate resources in order to develop greater capacity and foster the development and implementation of comprehensive and coordinated systems to serve older individuals by entering into new cooperative arrangements in each State with the persons described in paragraph (2), for the planning, and for the provision of, supportive services, and multipurpose senior centers, in order to—
(A) secure and maintain maximum independence and dignity in a home environment for older individuals capable of self care with appropriate supportive services;
(B) remove individual and social barriers to economic and personal independence for older individuals;
(C) provide a continuum of care for vulnerable older individuals;
(D) secure the opportunity for older individuals to receive managed in-home and community-based long-term care services; and
(E) measure impacts related to social determinants of health of older individuals.
(2) The persons referred to in paragraph (1) include—
(A) State agencies and area agencies on aging;
(B) other State agencies, including agencies that administer home and community care programs;
(C) Indian tribes, tribal organizations, and Native Hawaiian organizations;
(D) the providers, including voluntary organizations or other private sector organizations, of supportive services, nutrition services, and multipurpose senior centers;
(E) organizations representing or employing older individuals or their families; and
(F) organizations that have experience in providing training, placement, and stipends for volunteers or participants who are older individuals (such as organi
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3021
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