[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR1385.9]



[Page 338-339]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1385_REQUIREMENTS APPLICABLE TO THE DEVELOPMENTAL DISABILITIES PROGRAM--Table of Contents

 

Sec.  1385.9  Grants administration requirements.



    (a) The following parts of title 45 CFR apply to grants funded under 

parts 1386 and 1388 of this chapter and to grants for Projects of 

National Significance under section 162 of the Act (42 U.S.C. 6082).



45 CFR Part 16--Procedures of the Departmental Grant Appeals Board.

45 CFR Part 46--Protection of Human Subjects.

45 CFR Part 74--Administration of Grants.

45 CFR Part 75--Informal Grant Appeals Procedures.

45 CFR Part 80--Nondiscrimination under Programs Receiving Federal 

Assistance Through the Department of Health and Human Services--

Effectuation of title VI of the Civil Rights Act of 1964.

45 CFR Part 81--Practice and Procedure for Hearings Act under part 80 of 

this title.

45 CFR Part 84--Nondiscrimination on the Basis of Handicap in Programs 

and Activities Receiving or Benefiting from Federal Financial 

Assistance.

45 CFR Part 86--Nondiscrimination on the Basis of Sex in Education 

Programs and Activities Receiving or Benefiting from Federal Financial 

Assistance.

45 CFR Part 91--Nondiscrimination on the Basis of Age in Programs or 

Activities Receiving Federal Financial Assistance from HHS.

45 CFR Part 92--Uniform Administrative Requirements for Grants and 

Cooperative Agreements to State and Local Governments.



    (b) The Departmental Appeals Board also has jurisdiction over 

appeals by grantees which have received grants under the University 

Affiliated program or for Projects of National Significance. The scope 

of the Board's jurisdiction concerning these appeals is described in 45 

CFR part 16.

    (c) The Departmental Appeals Board also has jurisdiction to decide 

appeals brought by the States concerning any disallowances taken by the 

Commissioner with respect to specific expenditures incurred by the 

States or by contractors or subgrantees of States. This jurisdiction 

relates to funds provided under the two formula programs--Part B of the 

Act--Federal Assistance to State Developmental Disabilities Councils and 

Part C of the Act--Protection and Advocacy of the Rights of Individuals 

with Developmental Disabilities. Appeals filed by States shall be 

decided in accordance with 45 CFR part 16.

    (d) In making audits and examinations to any books, documents, 

papers, and transcripts of records of State Developmental Disabilities 

Councils, the University Affiliated Programs, and the Projects of 

National Significance grantees and subgrantees, as provided for in 45 

CFR part 74 and part 92, the Department will keep information about 

individual clients confidential to the maximum extent permitted by law 

and regulations.

    (e) (1) The Department or other authorized Federal officials may 

access client and case eligibility records or other records of the 

Protection and Advocacy system for audit purposes and for purposes of 

monitoring system compliance pursuant to section 104(b) of the Act. 

However, such information



[[Page 339]]



will be limited pursuant to section 142(j) of the Act. No personal 

identifying information such as name, address, and social security 

number will be obtained. Only eligibility information will be obtained 

regarding type and level of disability of individuals being served by 

the P&A and the nature of the issue concerning which the System 

represented an individual.

    (2) Notwithstanding paragraph (e)(1)of this section, if an audit, 

monitoring review, evaluation, or other investigation by the Department 

produces evidence that the system has violated the Act or the 

regulations, the system will bear the burden of proving its compliance. 

The system's inability to establish compliance because of the 

confidentiality of records will not relieve it of this responsibility. 

The system may elect to obtain a release from all individuals requesting 

or receiving services at the time of intake or application. The release 

shall state only information directly related to client and case 

eligibility will be subject to disclosure to officials of the 

Department.



[49 FR 11777, Mar. 27, 1984, as amended at 52 FR 44846, Nov. 20, 1987; 

54 FR 47984, Nov. 20, 1989; 61 FR 51154, Sept. 30, 1996]