
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC8004]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                 CHAPTER 89--CONGREGATE HOUSING SERVICES
 
Sec. 8004. Congregate services program


(a) Essential services for maintaining independent living

    Congregate services programs assisted under this chapter must 
include full meal service adequate to meet nutritional needs, and may 
also include housekeeping aid, personal assistance, and other services 
essential for maintaining independent living.

(b) Duplication of services

    No services funded under this chapter may duplicate services which 
are already affordable, accessible, and sufficiently available on a 
long-term basis to eligible project residents under programs 
administered by or receiving appropriations through any department, 
agency, or instrumentality of the Federal Government or any other public 
or private department, agency, or organization.

(c) Consultation with Area Agency on Aging or other appropriate State 
        agency

    A public housing agency or nonprofit corporation applying for 
assistance to provide congregate services to elderly residents shall 
consult with the Area Agency on Aging (or, where no Area Agency on Aging 
exists, with the appropriate State agency under the Older Americans Act 
of 1965 [42 U.S.C. 3001 et seq.]) in determining the means of providing 
services under this chapter and in identifying alternative available 
sources of funding for such services.

(d) Submission of proposed application to Area Agency on Aging or other 
        appropriate State agency

    Prior to the submission of a final application for either new or 
renewed funding under this chapter for the provision of congregate 
services to elderly residents, a public housing agency and a nonprofit 
corporation shall present a copy of a proposed application to the Area 
Agency on Aging (or, where no Area Agency on Aging exists to the 
appropriate State agency under the Older Americans Act of 1965 [42 
U.S.C. 3001 et seq.]) for review and comment. Such agency and nonprofit 
corporation shall consider such review and comment in the development of 
any final application for either new or renewed funding under this 
chapter.

(e) Nonelderly handicapped individuals as eligible project residents

    (1) A public housing agency or nonprofit corporation applying for 
assistance to provide congregate services to nonelderly handicapped 
residents shall consult with the appropriate agency, if any, designated 
by applicable State law as having responsibility for the development, 
provision, or identification of social services to permanently disabled 
adults, for the purpose of determining the means of providing services 
under this chapter and of identifying alternative available sources of 
funding for such services.
    (2) Such public housing agency and nonprofit corporation shall also, 
prior to the submission of a final application for either new or renewed 
funding under this chapter, present a copy of the proposed application 
to such appropriate agency for review and comment. The public housing 
agency and nonprofit corporation shall consider such review and comment 
in the development of any final application for either new or renewed 
funding under this chapter.

(f) Manner of providing congregate services

    Any nonprofit corporation or public housing agency receiving 
assistance under this chapter may provide congregate services directly 
to eligible project residents or may, by contract or lease, provide such 
services through other appropriate agencies or providers.

(g) Amount of annual contributions of receiving agency

    Nonprofit corporations and public housing agencies receiving 
assistance for congregate services programs under this chapter shall be 
required to maintain the same dollar amount of annual contribution which 
they were making, if any, in support of the provision of services 
eligible for assistance under this chapter before the date of the 
submission of the application for such assistance unless the Secretary 
determines that the waiver of this requirement is necessary for the 
maintenance of adequate levels of services to eligible project 
residents. If any contract or lease entered into by a public housing 
agency or nonprofit corporation pursuant to subsection (f) of this 
section provides for adjustments in payments for services to reflect 
changes in the cost of living, then the amount of annual contribution 
required to be maintained by such public agency or nonprofit corporation 
under the preceding sentence shall be readjusted in the same manner.

(h) Fees for meal and other services

    Each nonprofit corporation and public housing agency shall establish 
fees for meal service and other appropriate services provided to 
eligible project residents. These fees shall be reasonable, may not 
exceed the cost of providing the service, and shall be calculated on a 
sliding scale related to income which permits the provision of services 
to such residents who cannot afford meal and service fees. When meal 
services are provided to other project residents, fees shall be 
reasonable and may not exceed the cost of providing the meal service.

(i) Standards for provision of services

    The Secretary shall establish standards for the provision of 
services under this chapter, and, in developing such service standards, 
the Secretary shall consult with the Secretary of Health and Human 
Services and with appropriate organizations representing the elderly and 
handicapped, as determined by the Secretary.

(Pub. L. 95-557, title IV, Sec. 405, Oct. 31, 1978, 92 Stat. 2106; Pub. 
L. 96-399, title II, Sec. 208, Oct. 8, 1980, 94 Stat. 1634; Pub. L. 98-
479, title II, Sec. 201(j), Oct. 17, 1984, 98 Stat. 2228.)

                       References in Text

    The Older Americans Act of 1965, referred to in subsecs. (c) and 
(d), is Pub. L. 89-73, July 14, 1965, 79 Stat. 218, as amended, which is 
classified generally to chapter 35 (Sec. 3001 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 3001 of this title and Tables.


                               Amendments

    1984--Subsec. (i). Pub. L. 98-479 substituted ``Health and Human 
Services'' for ``the Department of Health, Education, and Welfare''.
    1980--Subsecs. (c), (d). Pub. L. 96-399, Sec. 208(a), (b), inserted 
reference to congregate services to elderly residents.
    Subsec. (e). Pub. L. 96-399, Sec. 208(c), in par. (1) substituted 
``A public housing agency or nonprofit corporation applying for 
assistance to provide congregate services to nonelderly handicapped 
residents shall consult with the appropriate agency'' for ``When 
nonelderly handicapped individuals are included among the eligible 
project residents, the public housing agency and nonprofit corporation 
shall consult with the appropriate local agency'', and in par. (2) 
substituted ``appropriate agency'' for ``appropriate local agency''.

                  Section Referred to in Other Sections

    This section is referred to in section 8006 of this title.
