Page:United States Statutes at Large Volume 104 Part 5.djvu/987

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PUBLIC LAW 101-625—NOV. 28, 1990 104 STAT. 4309 (8) DIRECT AND INDIRECT PROVISION OF SERVICES. —Any State, Indian tribe, unit of general local government, or nonprofit housing sponsor that receives assistance under this section may provide congregate services directly to eligible project residents or may, by contract or lease, provide such services through other appropriate agencies or providers. (e) ELIGIBILITY FOR SERVICES.— (1) EuGiBLE PROJECT RESIDENTS.— Any eligible resident who is a resident of an eligible housing project (or who with deinstitutionalization and appropriate supportive services under this section could become a resident of eligible federally assisted housing) shall be eligible for services under a congregate services program assisted under this section. (2) ECONOMIC NEED. —In providing services under a congregate services program, the program shall give consideration to serving eligible project residents with the greatest economic need. (3) IDENTIFICATION.— (A) IN GENERAL. — A professional assessment committee under subparagraph (B) shall identify eligible project residents under paragraph (1) and shall designate services appropriate to the functional abilities and needs of each eligible project resident. The committee shall utilize procedures that ensure that the process of determining eligibility of individuals for congregate services shall accord such individuals fair treatment and due process and a right of appeal of the determination of eligibility, and shall also ensure the confidentiality of personal and medical records. (B) PROFESSIONAL ASSESSMENT COMMITTEE. —A professional assessment committee under this section shall consist of not less than 3 individuals, who shall be appointed to the committee by the officials of the eligible housing project responsible for the congregate services program, and shall include qualified medical and other health and social services professionals competent to appraise the functional abilities of the frail elderly and persons with disabilities in relation to the performance of tasks of daily living. (4) ELIGIBILITY OF OTHER RESIDENTS.—The elderly and persons with disabilities who reside in an eligible housing project other than eligible project residents under paragraph (1) may receive services from a congregate services program under this section if the housing managers, congregate service coordinators, and the professional assessment committee jointly determine that the participation of such individuals will not negatively affect the provision of services to eligible project residents. Residents eligible for services under this paragraph shall pay fees as provided under subsection (d). (5) ELIGIBILITY OF NONRESIDENTS. — The Secretary may permit the provision of services to elderly persons and persons with disabilities who are not residents if the participation of such persons will not adversely affect the cost-effectiveness or operation of the program or add significantly to the need for assistsince under this section. (f) ELIGIBLE CONTRACT RECIPIENTS AND DISTRIBUTION OF ASSIST- ANCE.— The Secretary concerned may provide assistance under this section and enter into contracts under subsection (b) with— (1) owners of eligible housing;