42 U.S.C. § 8005 — Eligibility for services
submitted 48 years ago by Pub. L. 95-557 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 243 words · no verdicts yet
A professional assessment committee decides who is eligible for a congregate services program. The committee must treat applicants fairly, allow appeals, and keep records confidential. Housing agencies must report any change in the committee's members to the Secretary within thirty days.
This section explains how residents get approved to receive congregate services, and how the review committee itself must be run.
(a) Professional assessment committee* for determination of eligibility. A professional assessment committee decides which residents are eligible for a congregate services program, and what services fit each person's abilities and needs. The committee must use procedures that guarantee fair treatment*, due process, and a right to appeal an eligibility decision, and it must keep personal and medical records confidential.
(b) Participation of other residents in meal services program. Residents who aren't otherwise eligible may still join a congregate meal program if the housing agency or nonprofit decides their participation won't hurt the program's cost-effectiveness or operation.
(c) Notification of change in membership of professional assessment committee. Any housing agency or nonprofit getting this funding must tell the Secretary* within thirty days of any change to the committee's membership, listing the new members' names and qualifications.
(d) Procedure for changes in membership of professional assessment committee. Procedures must be set up to make sure any change in the committee's membership still follows the requirements in section 8002(7) of this title.
The identification of project* residents eligible to participate in a congregate services program assisted under this chapter, and the designation of the services appropriate to their individual functional abilities and needs, shall be made by a professional assessment committee. Such committee shall utilize procedures which insure that the process of determining eligibility of individuals for services under this title shall accord such individuals fair treatment* and due process and a right of appeal of such determination of eligibility, and shall also assure the confidentiality of personal and medical records.
Other residents may participate in a congregate meal service program assisted under this chapter if the local public housing agency or nonprofit corporation* determines that the participation of these individuals will not adversely affect the cost-effectiveness or operation of the program.
Any public housing agency or nonprofit corporation receiving assistance under this chapter shall notify the Secretary* of any change in the membership of the professional assessment committee within thirty days of such change. Such notification shall list the names and professional qualifications of new members of the committee.
Procedures shall be established to insure that changes in the membership of the professional assessment committee are consistent with the requirements of section 8002(7) of this title.
Source credit: (Pub. L. 95–557, title IV, § 406, Oct. 31, 1978, 92 Stat. 2107.)
- 1978Enacted · Pub. L. 95-557 · 92 Stat. 2107
A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-557 on 1978-10-31.
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