[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR96.71]



[Page 512-513]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 96_BLOCK GRANTS--Table of Contents

 

                 Subpart G_Social Services Block Grants

 

Sec.  96.71  Definitions.



    (a) Section 2005 (a)(2) and (a)(5) (42 U.S.C. 1397d (a)(2) and 

(a)(5)) of the Social Security Act establishes prohibitions against the 

provision of room and board and medical care unless, among other 

reasons, they are an ``integral but subordinate'' part of a State-

authorized social service. ``Integral but subordinate'' means that the 

room and



[[Page 513]]



board provided for a short term or medical care is a minor but essential 

adjunct to the service of which it is a part and is necessary to achieve 

the objective of that service. Room and board provided for a short term 

shall not be considered an integral but subordinate part of a social 

service when it is provided to an individual in a foster family home or 

other facility the primary purpose of which is to provide food, shelter, 

and care or supervision, except for temporary emergency shelter provided 

as a protective service.

    (b) As used in section 2005(a)(5) of the Social Security Act (42 

U.S.C. 1397d (a)(5)) with respect to the limitations governing the 

provision of services by employees of certain institutions, employees 

includes staff, contractors, or other individuals whose activities are 

under the professional direction or direct supervision of the 

institution.



[47 FR 29486, July 6, 1982; 47 FR 43062, Sept. 30, 1982]