PART 700—CONGREGATE HOUSING SERVICES PROGRAM Authority: 42 U.S.C. 3535(d) and 8011. Source: 61 FR 42943, 42949, Aug. 19, 1996, unless otherwise noted. § 700.100 Purpose. The requirements of this part augment the requirements of section 802 of the National Affordable Housing Act of 1990 (approved November 28, 1990, Public Law 101-625) (42 U.S.C. 8011), (hereinafter, section 802), as amended by the Housing and Community Development Act of 1992 (Public Law 102-550, approved October 28, 1992), which authorizes the Congregate Housing Services Program (hereinafter, CHSP or Program). § 700.105 Definitions. In addition to the definitions in section 802(k), the following definitions apply to CHSP: Activity of Daily Living (ADL) (1) The minimum requirements of ADLs include: (i) Eating (may need assistance with cooking, preparing or serving food, but must be able to feed self); (ii) Dressing (must be able to dress self, but may need occasional assistance); (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 washing 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 activities (may need assistance in doing housework, grocery shopping or laundry, or getting to and from one location to another for activities such as going to the doctor and shopping, but must be mobile. The mobility requirement does not exclude persons in wheelchairs or those requiring mobility devices.) (2) Each of the Activities of Daily Living noted in paragraph (1) of this definition includes a requirement that a person must be able to perform at a specified minimal level ( e.g., supportive services Adjusted income Applicant Area agency on aging Assistant Secretary Case management Eligible housing for the elderly Eligible owner Excess residual receipts For-profit owner of eligible housing for the elderly Grantee Grant recipient Local nonprofit housing sponsor Nonprofit Person with disabilities (1) A person shall be considered to have a disability if such person is determined under regulations issued by the Secretary to have a physical, mental, 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) Is of such a nature that the person's 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 Act (42 U.S.C. 6001-7). Notwithstanding the preceding provisions of this paragraph, the terms “person with disabilities” or “temporarily disabled” include two or more persons with disabilities living together, one or more such persons living with another person who is determined (under regulations prescribed 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 unit assisted under this section, with the deceased member of the household at the time of his or her death. Program participant Qualifying supportive services Rural Housing Service Secretary concerned (2) The Secretary of Agriculture with reference to programs administered by the Administrator of the Rural Housing Service. Service coordinator Service provider e.g., State agency State agency on aging § 700.110 Announcement of fund availability, application process and selection. (a) Notice of funding availability. Federal Register (b) Selection criteria § 700.115 Program costs. (a) Allowable costs. (i) Direct hiring of staff, including a service coordinator; (ii) Supportive service contracts with third parties; (iii) Equipment and supplies (including food) necessary to provide services; (iv) Operational costs of a transportation service ( e.g., (v) Purchase or leasing of vehicles; (vi) Direct and indirect administrative expenses for administrative costs such as annual fiscal review and audit, telephones, postage, travel, professional education, furniture and equipment, and costs associated with self evaluation or assessment (not to exceed one percent of the total budget 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 reasonable, necessary and recognized as expenditures in compliance with 2 CFR part 200, subpart E. (b) Nonallowable costs. (2) Examples of nonallowable costs under 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, dishwashers, trash compactors or sinks); (ii) Administrative costs that represent a non-proportional share of costs charged to the Congregate Housing 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 facility, including kitchens; (v) Any costs related to the development of the application and plan of operations 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 medications, overnight nursing services, and other institutional forms of service, care or support; (vii) Occupational therapy and vocational rehabilitation services; or (viii) Other items defined as unallowable costs elsewhere in this part, in CHSP grant agreement, and 2 CFR part 200, subpart E. (c) Administrative cost limitation. [61 FR 42943, 42949, Aug. 19, 1996, as amended at 80 FR 75940, Dec. 7, 2015] § 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 section shall provide meal and other qualifying services for program participants (and other residents and nonresidents, 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 following guidelines: (1) Type of service. (2) Hot meals. (3) Special menus. (4) Meal service standards. (5) Food stamps and agricultural commodities. (6) Preference for nutrition providers: § 700.125 Eligibility for services. (a) Participants, other residents, and nonresidents. (b) Economic need. § 700.130 Service coordinator. (a) Each grantee must have at least one service coordinator who shall perform the responsibilities listed in section 802(d)(4). (b) The service coordinator shall comply with the qualifications and standards required by the Secretary concerned. The service coordinator shall be trained in the subject areas set forth in section 802(d)(4), and in any other areas required by the Secretary concerned. (c) The service coordinator may be employed directly by the grantee, or employed under a contract with a case management agency on a fee-for-service basis, and may serve less than full-time. The service coordinator or the case management agency providing service coordination shall not provide supportive services under a CHSP grant or have a financial interest in a service provider agency which intends to provide services to the grantee for CHSP. (d) The service coordinator shall: (1) Provide general case management and referral services to all potential participants in CHSP. This involves intake screening, upon referral from the grantee of potential program participants, and preliminary assessment of frailty or disability, using a commonly accepted assessment tool. The service coordinator then will refer to the professional assessment committee (PAC) those individuals who appear eligible for CHSP; (2) Establish professional relationships with all agencies and service providers in the community, and develop a directory of providers for use by program staff and program participants; (3) Refer proposed participants to service providers in the community, or those of the grantee; (4) Serve as staff to the PAC; (5) Complete, for the PAC, all paperwork necessary for the assessment, referral, case monitoring and reassessment processes; (6) Implement any case plan developed by the PAC and agreed to by the program participant; (7) Maintain necessary case files on each program participant, containing such information and kept in such form as HUD and RHS shall require; (8) Provide the necessary case files to PAC members upon request, in connection with PAC duties; (9) Monitor the ongoing provision of services from community agencies and keep the PAC and the agency providing the supportive service informed of the progress of the participant; (10) Educate grant recipient's program participants on such issues as benefits application procedures (e.g. SSI, food stamps, Medicaid), service availability, and program participant options and responsibilities; (11) Establish volunteer support programs with service organizations in the community; (12) Assist the grant recipient in building informal support networks with neighbors, friends and family; and (13) Educate other project management staff on issues related to “aging-in-place” and services coordination, to help them to work with and assist other persons receiving housing assistance through the grantee. (e) The service coordinator shall tailor each participant's case plan to the individual's particular needs. The service coordinator shall work with community agencies, the grantee and third party service providers to ensure that the services are provided on a regular, ongoing, and satisfactory basis, in accordance with the case plan approved by the PAC and the participant. (f) Service coordinators shall not serve as members of the PAC. § 700.135 Professional assessment committee. (a) General. (2) The PAC shall utilize procedures that ensure that the process of determining eligibility of individuals for congregate services affords individuals fair treatment, due process, and a right of appeal of the determination of eligibility, and shall ensure the confidentiality of personal and medical records. (3) The dollar value of PAC members' time spent on regular assessments after initial approval of program participants may be counted as match. If a community agency discharges the duties of the PAC, staff time is counted as its imputed value, and if the members are volunteers, their time is counted as volunteer time, according to sections 700.145(c)(2) (ii) and (iv). (b) Duties of the PAC. (1) Perform a formal assessment of each potential elderly program participant to determine if the individual is frail. To qualify as frail, the PAC must determine if the elderly person is deficient in at least three ADLs, as defined in section 700.105. This assessment shall be based upon the screening done by the service coordinator, and shall include a review of the adequacy of the informal support network ( i.e., (2) Determine if non-elderly disabled individuals qualify under the definition of person with disabilities under section 700.105. If they do qualify, this is the acceptance criterion for them for CHSP. Persons with disabilities do not require an assessment by the PAC; (3) Perform a regular assessment and updating of the case plan of all participants; (4) Obtain and retain information in participant files, containing such information and maintained in such form, as HUD or RHS shall require; (5) Replace any members of the PAC within 30 days after a member resigns. A PAC shall not do formal assessments if its membership drops below three, or if the qualified medical professional leaves the PAC and has not been replaced. (6) Notify the grantee or eligible owner and the program participants of any proposed modifications to PAC procedures, and provide these parties with a process and reasonable time period in which to review and comment, before adoption of a modification; (7) Provide assurance of nondiscrimination in selection of CHSP participants, with respect to race, religion, color, sex, national origin, familial status or type of disability; (8) Provide complete confidentiality of information related to any individual examined, in accordance with the Privacy Act of 1974; (9) Provide all formal information and reports in writing. (c) Prohibitions relating to the PAC. (2) No PAC member may be affiliated with organizations providing services under the grant. (3) Individuals or staff of third party organizations that act as PAC members may not be paid with CHSP grant funds. (d) Eligibility and admissions. (2) The PAC, upon completion of a potential program participant's initial assessment, must make a recommendation to the service coordinator for that individual's acceptance or denial into CHSP. (3) Once a program participant is accepted into CHSP, the PAC must provide a supportive services case plan for each participant. In developing this plan, the PAC must take into consideration the participant's needs and wants. The case plan must provide the minimum supportive services necessary to maintain independence. (e) Transition-out procedures. (1) Gains physical and mental health and is able to function without supportive services, even if only for a short time (in which case readmission, based upon reassessment to determine the degree of frailty or the disability, is acceptable); (2) Requires a higher level of care than that which can be provided under CHSP; or (3) Fails to pay services fees. (f) Procedural rights of participants. (i) Serving the participant with a written notice containing a clear statement of the reasons for termination; (ii) A review of the decision, in which the participant is given the opportunity to present written or oral objections before a person other than the person (or a subordinate of that person) who made or approved the termination decision; and (iii) Prompt written notification of the final decision to the participant. (2) Procedures must ensure that any potential or current program participant, at the time of initial or regular assessment, has the option of refusing offered services and requesting other supportive services as part of the case planning process. (3) In situations where an individual requests additional services, not initially recommended by the PAC, the PAC must make a determination of whether the request is legitimately a needs-based service that can be covered under CHSP subsidy. Individuals can pay for services other than those recommended by the PAC as long as the additional services do not interfere with the efficient operation of the program. § 700.140 Participatory agreement. (a) Before actual acceptance into CHSP, potential participants must work with the PAC and the service coordinator in developing supportive services case plans. A participant has the option of accepting any of the services under the case plan. (b) Once the plan is approved by the PAC and the program participant, the participant must sign a participatory agreement governing the utilization of the plan's supportive services and the payment of supportive services fees. The grantee annually must renegotiate the agreement with the participant. § 700.145 Cost distribution. (a) General. (2) Section 802(i)(1)(B)(ii) creates a cost-sharing provision between grantee and the Secretary concerned if total participant fees collected over a year are less than 10 percent of total program cost. This provision is subject to availability of appropriated grant funds. If funds are not available, the grantee must assume the funding shortfall. (b) Prohibition on substitution of funds and maintenance of existing supportive services. (c) Eligible matching funds. (2) Matching funds may include: (i) Cash (which may include funds from Federal, State and local governments, third party contributions, available payments authorized under Medicaid for specific individuals in CHSP, Community Development Block Grants or Community Services Block Grants, Older American Act programs or excess residual funds with the approval of the Secretary concerned), (ii) The imputed dollar value of other agency or third party-provided direct services or staff who will work with or provide services to program participants; these services must be justified in the application to assure that they are the new or expanded services of CHSP necessary to keep the program participants independent. If services are provided by the state, Indian tribe, unit of general local government, or local nonprofit housing sponsor, IHA, PHA, or for-profit or not-for-profit owner, any salary paid to staff from governmental sources to carry out the program of the grantee and any funds paid to residents employed by the Program (other than from amounts under a contract under section 700.155) is allowable match. (iii) In-kind items (these are limited to 10 percent of the 50 percent matching amount), such as the current market value of donated common or office space, utility costs, furniture, material, supplies, equipment and food used in direct provision of services. The applicant must provide an explanation for the estimated donated value of any item listed. (iv) The value of services performed by volunteers to CHSP, at the rate of $5.00 an hour. (d) Limitation. (i) PHA operating funds; (ii) CHSP funds; (iii) Section 8 funds other than excess residual receipts; (iv) Funds under section 14 of the U.S. Housing Act of 1937, unless used for service coordination or case management; and (v) Comprehensive grant funds unless used for service coordination or case management; (2) Local government contributions are limited by section 802(i)(1)(E). (e) Annual review of match. i.e., § 700.150 Program participant fees. (a) Eligible program participants. (b) Fees shall include: (2) Food Stamps; and (3) Contributions or donations to other eligible programs acceptable as matching funds under section 700.145(c). (c) Older Americans Act programs. (d) Meals fees: (2) The fees for residents receiving meal services less frequently than as described in paragraph (d)(1) of this section shall be in an amount equal to 10 percent of the adjusted income of the project resident, or the cost of providing the services, whichever is less. (e) Other service fees. (f) Other residents and nonresidents. § 700.155 Grant agreement and administration. (a) General. (b) Term of grant agreement and reservation of amount. (c) Monitoring of project sites by governmental units. (d) Reports. (e) Enforcement. (1) These actions may be taken for: (i) A grantee's non-compliance with the grant agreement or HUD or RHS regulations; (ii) Failure of the grantee to provide supportive services within 12 months of execution of the grant agreement. (2) Sanctions include but are not limited to the following: (i) Temporary withholding of reimbursements or extensions or renewals under the grant agreement, pending correction of deficiencies by the grantee; (ii) Setting conditions in the contract; (iii) Termination of the grant; (iv) Substitution of grantee; and (v) Any other action deemed necessary by the Secretary concerned. (f) Renewal of grants. (1) Grantees funded initially under this part shall be eligible to receive continued, non-competitive renewals after the initial five-year term of the grant. (2) Grantees will receive priority funding and grants will be renewed within time periods prescribed by the Secretary concerned. (g) Use of Grant Funds. § 700.160 Eligibility and priority for 1978 Act recipients. Grantees funded initially under 42 U.S.C. 8001 shall be eligible to receive continued, non-competitive funding subject to its availability. These grantees will be eligible to receive priority funding under this part if they comply with the regulations in this part and with the requirements of any NOFA issued in a particular fiscal year. § 700.165 Evaluation of Congregate Housing Services Programs. (a) Grantees shall submit annually to the Secretary concerned, a report evaluating the impact and effectiveness of CHSPs at the grant sites, in such form as the Secretary concerned shall require. (b) The Secretaries concerned shall further review and evaluate the performance of CHSPs at these sites and shall evaluate the Program as a whole. (c) Each grantee shall submit a certification with its application, agreeing to cooperate with and to provide requested data to the entity responsible for the Program's evaluation, if requested to do so by the Secretary concerned. § 700.170 Reserve for supplemental adjustment. The Secretary concerned may reserve funds subject to section 802(o). Requests to utilize supplemental funds by the grantee shall be transmitted to the Secretary concerned in such form as may be required. § 700.175 Other Federal requirements. In addition to the Federal Requirements set forth in 24 CFR part 5, the following requirements apply to grant recipient organizations in this program: (a) Uniform administrative requirements, cost principles, and audit requirements for Federal awards. (b) Conflict of interest. (c) Disclosures required by Reform Act. Federal Register (d) Nondiscrimination and equal opportunity. (2) The Affirmative Fair Housing Marketing Program requirements of 24 CFR part 200, subpart M, and the implementing regulations at 24 CFR part 108; and (3) Racial and ethnic collection requirements—Recipients must maintain current data on the race, ethnicity and gender of program applicants and beneficiaries in accordance with section 562 of the Housing and Community Development Act of 1987 and section 808(e)(6) of the Fair Housing Act. (e) Environmental requirements. [61 FR 42943, 42949, Aug. 19, 1996, as amended at 80 FR 75940, Dec. 7, 2015]