[Code of Federal Regulations]

[Title 24, Volume 4]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR700.135]



[Page 9-11]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

 CHAPTER VII--OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING AND URBAN 

 DEVELOPMENT (HOUSING ASSISTANCE PROGRAMS AND PUBLIC AND INDIAN HOUSING 

                                PROGRAMS)

 

PART 700_CONGREGATE HOUSING SERVICES PROGRAM--Table of Contents

 

Sec.  700.135  Professional assessment committee.



    (a) General. (1) A professional assessment committee (PAC), as 

described in this section, shall recommend services appropriate to the 

functional abilities and needs of each eligible project resident. The 

PAC shall be either a voluntary committee appointed by the project 

management or an agency in the community which provides assessment 

services and conforms to section 802(e)(3)(A) and (B). PAC members are 

subject to the conflict of interest provisions in section 700.175(b).

    (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



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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. The PAC is required to:

    (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., 

family and friends available to the potential participant to assist in 

meeting the ADL needs of that individual), and may include a more in-

depth medical evaluation, if necessary;

    (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. (1) At least one PAC member 

shall not have any direct or indirect relationship to the grantee.

    (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. (1) Before selecting potential 

program participants, each grantee (with PAC assistance) shall develop a 

CHSP application form. The information in the individual's application 

is crucial to the PAC's ability to determine the need for further 

physical or psychological evaluation.

    (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. The grantee or PAC must develop 

procedures for providing for an individual's transition out of CHSP to 

another setting. Transition out is based upon the degree of supportive 

services needed by an individual to continue to live independently. If a 

program participant leaves the program, but wishes to retain supportive 

services, he or she may do so, as long as he or she continues to live in 

an eligible project, pays the full



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cost of services provided, and management agrees (section 802(e)(4) and 

(5)). A participant can be moved out of CHSP if he or she:

    (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. (1) The PAC must provide an 

informal process that recognizes the right to due process of individuals 

receiving assistance. This process, at a minimum, must consist of:

    (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.