Part B refers to part B of chapter 1 of title VII of the Act (29 U.S.C. The revised data collection system will contain more information when published. See Sections 704(c)(3) and (4), 704(m)(4)(D), 706(d), and 725(c) of the Act. Several other regulations apply to all activities under this part. They did not include a breakdown of the costs of wages, benefits and overhead; nor did they include an estimate of the hours used in the calculation. 3501 et seq., requires certain actions before an agency can adopt or revise a collection of information. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. (d) 45 CFR part 80—Nondiscrimination under Programs Receiving Federal Assistance through the Department of Health and Human Services—Effectuation of title VI of the Civil Rights Act of 1964. Independent living has to do with self - determination. The Administrator shall reserve between 1.8% and 2% of appropriated funds to provide training and technical assistance to Centers through grants, contracts or cooperative agreements, consistent with section 721(b) of the Act. 1. documents in the last year, 28 796c.”, We decline to make these changes, because, as explained in the FAQs that accompanied the DSE Guidance document,[1] Cross-disability means, with respect to services provided by a Center, that a Center provides services to individuals with all different types of significant disabilities, including individuals with significant disabilities who are members of unserved or underserved populations by programs under Title VII. 796d-1(c)(2)(C), requires that, for the compliance review, the Administrator must “. The federal Independent Living (IL) program seeks to empower and enable individuals with disabilities, particularly individuals with significant disabilities, to exercise full choice and control over their lives and to live independently in their communities. Others recommended that the definition should include older people with disabilities, or populations with certain types of disabilities, including individuals who are low vision, blind, deafblind or deaf, and people with traumatic brain injuries (TBI), and post-traumatic stress disorder (PTSD). Courses in the series include: 1. We received several comments confirming that some CILs do not yet provide the new fifth core services, and doing so may impose a burden upon such CILs, particularly a diminution of services provided in other areas. 796a(2). This document will be made available in alternative formats upon request. Register, and does not replace the official print version or the official (b) In order to receive financial assistance under this part, a State shall submit to the Administrator a State plan for independent living. edition of the Federal Register. 2016-25918 Filed 10-26-16; 8:45 am], updated on 11:15 AM on Friday, March 12, 2021, updated on 8:45 AM on Friday, March 12, 2021. Seniors can have a social life and hobbies without being bound to a room or a bed. better and aid in comparing the online edition to the print edition. Only official editions of the Some commenters were concerned that the 5% was not sufficient given the scope of the administrative responsibilities of the DSE, and that some entities may choose not to serve as a DSE. After consideration of the comments on this provision, ACL agrees with the concerns expressed, and added the clarification that a DSE is eligible to receive funds to provide independent living services only where so specified in the SPIL. Independent living service includes the independent living core services and such other services as described in section 7(18) of the Act. documents in the last year, 662 796d, including Sec. It is ACL's goal to publish the revised data collection proposals for comment in Federal Register in September 2016. (1) The State plan must contain, in the form prescribed by the Administrator, the information set forth in section 704 of the Act, including designation of an Agency to serve as the designated State entity, and such other information requested by the Administrator. Today, Centers for Independent Living fight similar battles to ensure that the rights of people with disabilities are protected. that agencies use to create their documents. This prototype edition of the Cross-disability means that the CILs advocate on behalf of, and offer their services to, all persons with severe disabilities regardless of diagnostic categories. Section 804(2). (7) A Center that is administered by the State under Section 723 of the Act must first exhaust any State process before going through the process described in paragraphs (a)(1) through (6) of this section. The Public Inspection page may also However, as shown in the table above, a substantial number of CILs do not yet provide the newly required services and therefore would potentially incur costs in order to comply with this rule. Other services provided by CILs, as determined by local needs, include housing, attendant care, transportation, equipment, social/recreational activities and a wide range of other services. documents in the last year, 40 In order to preserve flexibility, we made no changes to the definition in the proposed rule. for better understanding how a document is structured but 03/12/2021, 210 Peer relationships mean relationships involving mutual support and assistance among individuals with significant disabilities who are actively pursuing IL goals. ACL affirms that consumer control is a guiding principle in IL. As some commenters recommended, a broad, non-prescriptive approach allows CILs the most flexibility to determine the types of transition services they can offer with the best chance of success for individuals receiving the services based on available local resources. 5. 705(20)(B) and not employed by any State agency or center for independent living. (3) Complies with the standards set out in Section 725(b) and provides and complies with the assurances in section 725(c) of the Act and § 1329.5. We will consider including corresponding assurances with some standards of evidence of documentation in the indicators of minimum compliance for the SILCs. If a consumer feels he or she is at risk of institutionalization, and self-identifies as being at risk as part of the intake or goal-setting process, then he or she should be treated as being at risk. We also received questions as to whether there are minimum levels which must be achieved in order to have met the requirements of each component of the new fifth core IL services; the responses to these questions relate to and may impact the burden analysis. A commenter proposed that ACL consider alternative entities to conduct federal reviews of the CILs and suggested longer time periods between reviews of a single CIL. Individual state concerns are beyond the scope of the regulations. on We have incorporated that recommendation in Start Printed Page 74684the regulatory text as part of the definition of the independent living core services. (3) Where there is a determination that falls within 45 CFR part 16, appendix A, C.a. 705(17)(A-D), as well as within the Independent Living Services in Sec. ACL has read and considered each of the comments received. All CILs offer the core services of advocacy, peer support, information and referral, and independent living skills training. [FR Doc. (a) Process for Centers for Independent Living. Administrator means the Administrator of the Administration for Community Living (ACL) of the Department of Health and Human Services. 796d); (4) State vocational rehabilitation (VR) programs receiving assistance under Title 1 of the Act (29 U.S.C. The SPIL encompasses the activities planned to achieve the specified independent living objectives and reflects the commitment to comply with all applicable statutory and regulatory requirements during the three years covered by the plan. (iii) Not less than 51 percent of the directors of the CILs in the State. They were described as follows by The Center for Resource Management in collaboration with the National Council on Independent Living in the publication, The Independent Living Services Model (Center for Resource Management and National Council, 1988): Other than the core services, there are many other services that CILs can provide in response to needs as defined by consumers. A CCRC will create long-term contract between the resident (frequently lasting the term of the resident's lifetime) and the community which offers a continuum of housing, services and health care system throughout the decline of the residence health. ACL is not aware of any specific State laws that would be preempted by the adoption of the regulation in subchapter C of 45 CFR part 1329. Executive Order 12866 encourages agencies, as appropriate, to provide the public with meaningful participation in the regulatory process. 705(17)(E), which covers services to “facilitate the transition of youth who are individuals with significant disabilities . Federal Register issue. Without the stress of having to manage a property, many seniors find they have much more time to live the way they want to. To better understand the implications of this decision, consider the five percent administrative cap on the DSE's use of Part B funds for administrative purposes in § 1329.12(a)(5). Commenters were correct in stating that the Administrator reserves the funds under Section 711A for SILC training and technical assistance, before the State receives funding under this part. . on Finally, in response to the NPRM, ACL received questions as to whether there are minimum levels which must be achieved in order to have met the requirements of each component of the new fifth core IL services. ACL will periodically engage stakeholders to make refinements and improvements. Currently, only two States, Massachusetts and Minnesota, qualify as Section 723 States. (1)-(4) are: Disallowance, termination for failure to comply with the terms of an award, denial of a noncompeting continuation award for failure to comply with the terms of a previous award, and voiding (a decision that an award is invalid because it was not authorized by statute or regulation or because it was fraudulently obtained). 6. In the context of eldercare, independent living is seen as a step in the continuum of care, with assisted living being the next step. In order to estimate the benefits and overhead associated with this hourly wage, we assume that these costs equal 100 percent of pre-tax wages, for a total hourly cost of $57.66. on This rule is not a major rule as defined in 5 U.S.C. documents in the last year, by the Wage and Hour Division regulatory information on FederalRegister.gov with the objective of In addition, Section 203 requires a plan for informing and advising any small government entities that may be significantly or uniquely impacted by a rule. Federal Register provide legal notice to the public and judicial notice Thus, we continue to assume that the costs of wages, benefits and overhead to be a total hourly cost of $57.66, and use that figure in determining the dollar impact based on an increased number of hours, as discussed above. While the regulatory text in the new § 1329.12(b)(i) focuses on the delivery of IL services, Sec. (b) The DSE must also carry out its other responsibilities under the Act, including, but not limited to: (1) Allocating funds for the delivery of IL services under Part B of the Act as directed by the SPIL; and. However, we are removing from regulatory language: “has reached age 18, even if he or she is still receiving services in accordance with an individualized education program developed under the IDEA.” In agreement with comments received, we have added to the definition of independent living core services that individuals who have reached the age of 18 and are still receiving services in accordance with an Individualized Education Program (IEP) under IDEA have not “completed their secondary education.”. 2. 2. These tools are designed to help you understand the official document has no substantive legal effect. For the purposes of this part, the following definitions apply: Act means the Rehabilitation Act of 1973 (29 U.S.C. Training and technical assistance to Centers for Independent Living. The SILC Standards and Indicators of minimum compliance are currently under development. As noted previously, we have interpreted recent 704 Reports as indicating that many CILs currently have staff capable of providing the new fifth core services. . One body in those States provides services to the general disability population and the other provides services to individuals who are blind. This rule implements the Rehabilitation Act as amended by the Workforce Innovation and Opportunity Act, which established an Independent Living Administration within the Administration for Community Living (ACL) of the Department of Health and Human Services (HHS). This PDF is The amount of services provided will depend on the needs of the individuals seeking services, the social dynamics of the community served by each CIL, and the approach each CIL takes to address the needs of individuals under the fifth core service. See, 79 FR 23960 (April 29, 2014); information collection approved June 4, 2014 through June 30, 2017. http://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=201404-1820-001. We solicited comments from affected States on this issue, but beyond a few comments touching on general difficulty, did not receive any comments that clarify the amount of additional time required to meet the 51 percent signatory requirement.
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