Page:United States Statutes at Large Volume 104 Part 2.djvu/596

This page needs to be proofread.

104 STAT. 1388-188 PUBLIC LAW 101-508 —NOV. 5, 1990 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 title 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;