[Code of Federal Regulations]
[Title 34, Volume 2]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR364.59]

[Page 353-354]
 
                           TITLE 34--EDUCATION
 
            REHABILITATIVE SERVICES, DEPARTMENT OF EDUCATION
 
PART 364--STATE INDEPENDENT LIVING SERVICES PROGRAM AND CENTERS FOR INDEPENDENT LIVING PROGRAM: GENERAL PROVISIONS--Table of Contents
 
         Subpart D--What Conditions Must Be Met After an Award?
 
Sec.  364.59  May an individual's ability to pay be considered in determining his or her participation in the costs of IL services?

    (a) No Federal requirement or prohibition. (1) A State is neither 
required to allow nor prohibited from allowing service providers to 
charge consumers for the cost of IL services.
    (2) If a State allows service providers to charge consumers for the 
cost of IL services, a State is neither required to allow nor prohibited 
from allowing service providers to consider the ability of individual 
consumers to pay for the cost of IL services in determining how much a 
particular consumer must contribute to the costs of a particular IL 
service.
    (b) State plan requirements. If a State chooses to allow service 
providers to charge consumers for the cost of IL services or if a State 
chooses to allow service providers to consider the ability of individual 
consumers to pay for the cost of IL services, the State plan must--
    (1) Specify the types of IL services for which costs may be charged 
and for which a financial need test may be applied; and
    (2) Assure that any consideration of financial need is applied 
uniformly so that all individuals who are eligible for IL services are 
treated equally.
    (c) Financial need. Consistent with paragraph (b) of this section, a 
service provider may choose to charge consumers for the cost of IL 
services or may choose to consider the financial need of an individual 
who is eligible for IL services.
    (d) Written policies and documentation. If the service provider 
chooses to consider financial need--
    (1) It shall maintain written policies covering the specific types 
of IL services for which a financial need test will be applied; and
    (2) It shall document the individual's participation in the cost of 
any IL

[[Page 354]]

services, including the individual's financial need.

(Approved by the Office of Management and Budget under control number 
1820-0527)

(Authority: 29 U.S.C. 711(c))