1、5 PART 700CONGREGATE HOUSING SERVICES PROGRAM Sec. 700.100 Purpose. 700.105 Definitions. 700.110 Announcement of fund availability, application process and selection. 700.115 Program costs. 700.120 Eligible supportive services. 700.125 Eligibility for services. 700.130 Service coordinator. 700.135 P
2、rofessional assessment committee. 700.140 Participatory agreement. 700.145 Cost distribution. 700.150 Program participant fees. 700.155 Grant agreement and administra-tion. 700.160 Eligibility and priority for 1978 Act recipients. 700.165 Evaluation of Congregate Housing Services Programs. 700.170 R
3、eserve for supplemental adjust-ment. 700.175 Other Federal requirements. AUTHORITY: 42 U.S.C. 3535(d) and 8011. SOURCE: 61 FR 42943, 42949, Aug. 19, 1996, un-less otherwise noted. 700.100 Purpose. The requirements of this part aug-ment the requirements of section 802 of the National Affordable Housi
4、ng Act of 1990 (approved November 28, 1990, Pub-lic Law 101625) (42 U.S.C. 8011), (here-inafter, section 802), as amended by the Housing and Community Development Act of 1992 (Public Law 102550, ap-proved October 28, 1992), which author-izes the Congregate Housing Services Program (hereinafter, CHSP
5、 or Pro-gram). 700.105 Definitions. In addition to the definitions in sec-tion 802(k), the following definitions apply to CHSP: Activity of Daily Living (ADL) means an activity regularly necessary for per-sonal care. (1) The minimum requirements of ADLs include: (i) Eating (may need assistance with
6、cooking, preparing or serving food, but must be able to feed self); (ii) Dressing (must be able to dress self, but may need occasional assist-ance); (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 wa
7、shing 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 activi-ties (may need assistance in doing housework, grocery shopping or laun-dry, or getting to and from one loca-tio
8、n to another for activities such as going to the doctor and shopping, but must be mobile. The mobility require-ment does not exclude persons in wheelchairs or those requiring mobil-ity devices.) (2) Each of the Activities of Daily Living noted in paragraph (1) of this definition includes a requireme
9、nt 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 himself or herself). The de-termination of whether a person meets this minimal level of performance must include consideration of those services that will be perfor
10、med by a persons spouse, relatives or other at-tendants to be provided by the indi-vidual. For example, if a person re-quires assistance with cooking, pre-paring or serving food plus assistance in feeding himself or herself, the indi-vidual would meet the minimal per-formance level and thus satisfy
11、the eating ADL, if a spouse, relative or at-tendant provides assistance with feed-ing 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 Activitie
12、s of Daily Liv-ing analysis is relevant only with re-gard to determination of a persons eli-gibility to receive supportive services paid for by CHSP and is not a deter-mination of eligibility for occupancy; Adjusted income means adjusted in-come as defined in 24 CFR parts 813 or 913. Applicant means
13、 a State, Indian tribe, unit of general local government, public housing authority (PHA), Indian housing authority (IHA) or local non-profit housing sponsor. A State, Indian tribe, or unit of general local govern-ment may apply on behalf of a local VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00
14、000 Frm 00015 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-6 24 CFR Ch. VII (4111 Edition) 700.105 nonprofit housing sponsor or a for-prof-it owner of eligible housing for t
15、he el-derly. 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 13). Assistant Secretary means the HUD Assistant Secretary for Housing-Fed-eral Housing Commissioner o
16、r the HUD Assistant Secretary for Public and In-dian Housing. Case management means imple-menting the processes of: establishing linkages with appropriate agencies and service providers in the general com-munity in order to tailor the needed services to the program participant; linking program parti
17、cipants to pro-viders 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 coordina-tion with a formal assessment of serv-ices needed; and educating participants on issues, in
18、cluding, but not limited to, supportive service availability, appli-cation procedures and client rights. 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 dis-abilities a
19、t its inception or, although not so designated, for which the eligi-ble owner or grantee gives preference in tenant selection (with HUD ap-proval) for all units in the eligible project (or for a building within an eli-gible mixed-use project) to eligible el-derly persons, persons with disabilities,
20、or temporarily disabled individuals. For purposes of this part, this term does not include projects assisted under the Low-Rent Housing Home-ownership Opportunity program (Turn-key III (24 CFR part 905, subpart G). Eligible owner means an owner of an eligible housing project. Excess residual receipt
21、s 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 re-ceipts may be used as matching funds and may be spent down to a minimum of $500/unit. For-profit owner of eligible housing for th
22、e elderly means an owner of an eligi-ble housing project in which some part of the projects earnings lawfully inure to the benefit of any private share-holder or individual. Grantee or Grant recipient means the recipient of funding under CHSP. Grantees under this Program may be states, units of gene
23、ral local govern-ment, Indian tribes, PHAs, IHAs, and local nonprofit housing sponsors. Local nonprofit housing sponsor means an owner or borrower of eligible hous-ing for the elderly; no part of the net earnings of the owning organization shall lawfully inure to the benefit of any shareholder or in
24、dividual. Nonprofit includes a public housing agency as that term is defined in sec-tion 3(b)(6) of the United States Hous-ing Act of 1937. Person with disabilities means a house-hold composed of one or more persons, at least one of whom is an adult who has a disability. (1) A person shall be consid
25、ered to have a disability if such person is de-termined under regulations issued by the Secretary to have a physical, men-tal, or emotional impairment which: (i) Is expected to be of long-continued and indefinite duration; (ii) Substantially impedes his or her ability to live independently; and (iii
26、) Is of such a nature that the per-sons ability could be improved by more suitable housing conditions. (2) 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
27、Act (42 U.S.C. 60017). Notwith-standing the preceding provisions of this paragraph, the terms person with disabilities or temporarily disabled include two or more persons with dis-abilities living together, one or more such persons living with another per-son who is determined (under regula-tions pr
28、escribed 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 VerDate Mar2010 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00016 Fmt 8010 Sfmt 80
29、10 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-7 Office of the Secretary, HUD 700.115 unit assisted under this section, with the deceased member of the household at the time of his or her dea
30、th. Program participant (participant) means any project resident as defined in section 802(e)(1) who is formally ac-cepted into CHSP, receives CHSP serv-ices, and resides in the eligible housing project served by CHSP grant. Qualifying supportive services means those services described in section 80
31、2(k)(16). Under this Program, health-related services mean non- medical supervision, wellness pro-grams, preventive health screening, monitoring of medication consistent with state law, and non-medical com-ponents of adult day care. The Sec-retary concerned may also approve other requested supportiv
32、e services es-sential for achieving and maintaining independent living. Rural Housing Service (RHS) means a credit agency for rural housing and rural development in the U.S. Depart-ment of Agriculture (USDA). Secretary concerned means (1) The Secretary of Housing and Urban Devel-opment, with respect
33、 to eligible feder-ally assisted housing administered by HUD; and (2) The Secretary of Agriculture with reference to programs administered by the Administrator of the Rural Hous-ing Service. Service coordinator means CHSP staff person responsible for coordinating Program services as described in sec
34、-tion 700.130. Service provider means a person or or-ganization licensed or otherwise ap-proved in writing by a State or local agency (e.g., Department of Health, De-partment of Human Services or Wel-fare) to provide supportive services. State agency means the State or an agency or instrumentality o
35、f the State. State agency on aging means the sin-gle 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). 700.110 Announcement of fund avail-ability, application process and se-lection. (a) Notice of funding avail
36、ability. A No-tice of Funding Availability (NOFA) will be published periodically in the FEDERAL REGISTER by the Secretary concerned containing the amounts of funds available, allocation or distribu-tion of funds available among eligible applicant groups, where to obtain and submit applications, the
37、deadline for submissions, and further explanation of the selection criteria, review and selec-tion process. The Secretary concerned will designate the maximum allowable size for grants. (b) Selection criteria are set forth in section 802(h)(1) and shall include addi-tional criteria specified by the
38、Sec-retary concerned. 700.115 Program costs. (a) Allowable costs. (1) Allowable costs for direct provision of supportive serv-ices includes the provision of sup-portive services and others approved by the Secretary concerned for: (i) Direct hiring of staff, including a service coordinator; (ii) Supp
39、ortive service contracts with third parties; (iii) Equipment and supplies (includ-ing food) necessary to provide services; (iv) Operational costs of a transpor-tation service (e.g., mileage, insurance, gasoline and maintenance, driver wages, taxi or bus vouchers); (v) Purchase or leasing of vehicles
40、; (vi) Direct and indirect administra-tive expenses for administrative costs such as annual fiscal review and audit, telephones, postage, travel, profes-sional education, furniture and equip-ment, and costs associated with self evaluation or assessment (not to ex-ceed one percent of the total budget
41、 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 reason-able, necessary and recognized as
42、 ex-penditures in compliance with OMB Cost Policies, i.e., OMB Circular A87, 24 CFR 85.36, and OMB Circular A128. (b) Nonallowable costs. (1) CHSP funds may not be used to cover expenses re-lated to any grantee program, service, or activity existing at the time of ap-plication to CHSP. VerDate Mar20
43、10 10:07 May 20, 2011 Jkt 223080 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:SGML223080.XXX 223080erowe on DSK5CLS3C1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-8 24 CFR Ch. VII (4111 Edition) 700.120 (2) Examples of nonallowable costs u
44、nder 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, dish-washers, trash compactors or sinks); (ii) Administrative costs that rep-resent a non-proportional share of costs charged
45、to the Congregate Hous-ing Services Program for rent or lease, utilities, staff time; (iii) Cost of supportive services other than those approved by the Secretary concerned; (iv) Modernization, renovation or new construction of a building or facil-ity, including kitchens; (v) Any costs related to th
46、e develop-ment of the application and plan of op-erations before the effective date of CHSP grant award; (vi) 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 medication
47、s, overnight nursing serv-ices, and other institutional forms of service, care or support; (vii) Occupational therapy and voca-tional rehabilitation services; or (viii) Other items defined as unallow-able costs elsewhere in this part, in CHSP grant agreement, and OMB Cir-cular A87 or 122. (c) Admini
48、strative cost limitation. Grantees are subject to the limitation in section 802(j)(4). 700.120 Eligible supportive services. (a) Supportive services or funding for such services may be provided by state, local, public or private providers and CHSP funds. A CHSP under this sec-tion shall provide meal
49、 and other qualifying services for program partici-pants (and other residents and non-residents, as described in 700.125(a) that are coordinated on site. (b) Qualifying supportive services are those listed in section 802(k)(16) and in section 700.105. (c) Meal services shall meet the fol-lowing guidelines: (1) 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 provid
