Page:United States Statutes at Large Volume 98 Part 3.djvu/301

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-527—OCT. 19, 1984

98 STAT. 2673

disabilities, and the planning, coordination, and administration of, and the advocacy for, the provision of such services. "(F) The plan must provide that special financial and technical Rural areas. assistance shall be given to agencies or entities providing services Urban areas. for persons with developmental disabilities who are residents of geographical areas designated as urban or rural poverty areas. "(5)(A)(i) The plan must provide that services furnished, and the facilities in which they are furnished, under the plan for persons with developmental disabilities will be in accordance with standards prescribed by the Secretary in regulations. "(ii) The plan must provide satisfactory assurances that buildings used in connection with the delivery of services Eissisted under the plan will meet standards adopted pursuant to the Act of August 12, 1968 (known as the Architectural Barriers Act of 1968). 42 USC 4152 "(B) The plan must provide that services are provided in an note. individualized manner consistent with the requirements of section Post, p. 2674. 123 (relating to habilitation plans). "(C) The plan must contain or be supported by assurances satisfactory to the Secretary that the human rights of all persons with developmental disabilities (especially those persons without familial protection) who are receiving treatment, services, or habilitation under programs assisted under this part will be protected consistent with section 110 (relating to rights of the developmentally disabled). Ante, p. 2669. "(D) The plan must provide assurances that the State has under- Minorities. taken affirmative steps to assure the participation in programs under this title of individuals generally representative of the population of the State, with particular attention to the participation of members of minority groups. "(E) The plan must provide assurances that the State will provide Report. the State Planning Council with a copy of each annual survey report and plan of corrections for cited deficiencies prepared pursuant to section 1902(a)(31XB) of the Social Security Act with respect to any 42 USC 1396a. intermediate care facility for the mentadly retarded in such Static within 30 days after the completion of each such report or plan. "(6)(A) The plan must provide for the maximum utilization of all Volunteer available community resources including volunteers serving under services. the Domestic Volunteer Service Act of 1973 and other appropriate 42 USC 4951 voluntary organizations, except that such volunteer services shall note. supplement, and shall not be in lieu of, services of paid employees. "(B) The plan must provide for fair and equitable arrangements (as determined by the Secretary after consultation with the Secretary of Labor) to protect the interests of employees affected by actions under the plan to provide alternative community living arrangement services, including arrangements designed to preserve employee rights and benefits and to provide training and retraining of such employees where necessary and arrangements under which maximum efforts will be made to guarantee the employment of such employees.

  • (7) The plan also must contain such additional information and

assurances as the Secretary may find necessary to carry out the provisions and purposes of this part. "(c) The Secretary shall approve any State plan and any modification thereof which complies with the provisions of subsection (b). The Secretary shall not finally disapprove a State plan except after reasonable notice and opportunity for a hearing to the State. "(d)(1) At the request of any State, a portion of any allotment or allotments of such State under this part for any fiscal year shall be