29 U.S.C. 796-796f-5, unless otherwise noted.
(a) This part includes general requirements applicable to the conduct of the following programs authorized under title VII of the Rehabilitation Act of 1973, as amended:
(1) The State Independent Living Services (SILS) program (34 CFR part 365).
(2) The Centers for Independent Living (CIL) program (34 CFR part 366).
(b) Some provisions in this part also are made specifically applicable to the Independent Living Services for Older Individuals Who Are Blind (OIB) program (34 CFR part 367).
The purpose of the SILS and CIL programs authorized by chapter 1 of title VII of the Act is to promote a philosophy of independent living (IL), including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, to maximize the leadership, empowerment, independence, and productivity of individuals with significant disabilities, and to promote and maximize the integration and full inclusion of individuals with significant disabilities into the mainstream of American society by providing financial assistance to States—
(a) For providing, expanding, and improving the provision of IL services;
(b) To develop and support statewide networks of centers for independent living (centers); and
(c) For improving working relationships among—
(1) SILS programs;
(2) Centers;
(3) Statewide Independent Living Councils (SILCs) established under section 705 of the Act;
(4) State vocational rehabilitation (VR) programs receiving assistance under title I and under part C of title VI of the Act;
(5) Client assistance programs (CAPs) receiving assistance under section 112 of the Act;
(6) Programs funded under other titles of the Act;
(7) Programs funded under other Federal laws; and
(8) Programs funded through non-Federal sources.
The following regulations apply to the SILS and CIL programs:
(a) The Education Department General Administrative Regulations (EDGAR) as follows:
(1) 34 CFR part 74 (Administration of Grants to Institutions of Higher Education, Hospitals, and Nonprofit Organizations), with respect to grants or subgrants to an eligible agency that is not a State or local government or Indian tribal organization.
(2) 34 CFR part 75 (Direct Grant Programs), with respect to grants under subparts B and C of 34 CFR part 366.
(3) 34 CFR part 76 (State-Administered Programs), with respect to grants under 34 CFR part 365 and subpart D of 34 CFR part 366.
(4) 34 CFR part 77 (Definitions that Apply to Department Regulations).
(5) 34 CFR part 79 (Intergovernmental Review of Department of Education Programs and Activities).
(6) 34 CFR part 80 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments), with respect to grants to an eligible agency that is a State or local government or Indian tribal organization.
(7) 34 CFR part 81 (General Education Provisions Act—Enforcement).
(8) 34 CFR part 82 (New Restrictions on Lobbying).
(9) 34 CFR part 85 (Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace (Grants)).
(10) 34 CFR part 86 (Drug-Free Schools and Campuses).
(b) The regulations in this part 364.
(c) The regulations in 34 CFR parts 365 and 366 as applicable.
(a)
(b)
(1) Involve representing an individual—
(i) Before private entities or organizations, government agencies (whether State, local, or Federal), or in a court of law (whether State or Federal); or
(ii) In negotiations or mediation, in formal or informal administrative proceedings before government agencies (whether State, local, or Federal), or in legal proceedings in a court of law; and
(2) Be on behalf of—
(i) A single individual, in which case it is individual advocacy;
(ii) A group or class of individuals, in which case it is
(iii) Oneself, in which case it is
(1) Is designed and operated within a local community by individuals with disabilities; and
(2) Provides an array of IL services.
(1) The State agency or the bureau, division, or other organizational unit within a State agency that is primarily concerned with the vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities and that is responsible for the administration of the VR program of the State agency; or
(2) The independent State commission, board, or other agency that has the vocational rehabilitation, or vocational and other rehabilitation, of individuals with disabilities as its primary function.
(1) Information and referral services;
(2) IL skills training;
(3) Peer counseling, including cross-disability peer counseling; and
(4) Individual and systems advocacy.
(1) Counseling services, including psychological, psychotherapeutic, and related services;
(2) Services related to securing housing or shelter, including services related to community group living, that are supportive of the purposes of the Act, and adaptive housing services, including appropriate accommodations to and modifications of any space used to serve, or to be occupied by, individuals with significant disabilities;
(3) Rehabilitation technology;
(4) Mobility training;
(5) Services and training for individuals with cognitive and sensory disabilities, including life skills training and interpreter and reader services;
(6) Personal assistance services, including attendant care and the training of personnel providing these services;
(7) Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, and accessible transportation, and other support services;
(8) Consumer information programs on rehabilitation and IL services available under the Act, especially for minorities and other individuals with significant disabilities who have traditionally been unserved or underserved by programs under the Act;
(9) Education and training necessary for living in a community and participating in community activities;
(10) Supported living;
(11) Transportation, including referral and assistance for transportation;
(12) Physical rehabilitation;
(13) Therapeutic treatment;
(14) Provision of needed prostheses and other appliances and devices;
(15) Individual and group social and recreational services;
(16) Training to develop skills specifically designed for youths who are individuals with significant disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and explore career options;
(17) Services for children;
(18) Services under other Federal, State, or local programs designed to provide resources, training, counseling, or other assistance of substantial benefit in enhancing the independence, productivity, and quality of life of individuals with significant disabilities;
(19) Appropriate preventive services to decrease the need of individuals with significant disabilities assisted under the Act for similar services in the future;
(20) Community awareness programs to enhance the understanding and integration into society of individuals with significant disabilities; and
(21) Any other services that may be necessary to improve the ability of an individual with a significant disability to function, continue functioning, or move toward functioning independently in the family or community or to continue in employment and that are not inconsistent with any other provisions of the Act.
(1) Has a physical, mental, cognitive, or sensory impairment that substantially limits one or more of the individual's major life activities;
(2) Has a record of such an impairment; or
(3) Is regarded as having such an impairment.
(1) Incidental to the overall operation of the center;
(2) Necessary so that the individual may receive an IL service; and
(3) Limited to a period not to exceed eight weeks during any six-month period.
(1) A designated State unit (DSU) that directly provides IL services to individuals with significant disabilities;
(2) A center that receives financial assistance under part B or C of chapter 1 of title VII of the Act; or
(3) Any other entity or individual that meets the requirements of § 364.43(e) and provides IL services under a grant or contract from the DSU pursuant to § 364.43(b).
(1) Have cognitive and sensory impairments;
(2) Are members of racial and ethnic minority groups;
(3) Live in rural areas; or
(4) Have been identified by the eligible agency as unserved or underserved within a center's project area.
(a)
(b)
(c)
(2) A service provider is authorized to treat program income as—
(i) A deduction from total allowable costs charged to a Federal grant, in accordance with 34 CFR 80.25(g)(1); or
(ii) An addition to the grant funds to be used for additional allowable program expenditures, in accordance with 34 CFR 80.25(g)(2).
(3) Program income may not be used to meet the non-Federal share requirement under 34 CFR 365.12(b).
(a) Except as provided in paragraph (b) of this section, any Federal funds, including reallotted funds, that are appropriated for a fiscal year to carry out a program under 34 CFR part 365, 366, or 367 that are not obligated or expended by the DSU or center prior to the beginning of the succeeding fiscal year, and any program income received during a fiscal year that is not obligated or expended by the DSU or center prior to the beginning of the succeeding fiscal year in which the program income was received, remain available for obligation and expenditure by the DSU or center during that succeeding fiscal year.
(b) Federal funds appropriated for a fiscal year under part B of chapter 1 and under chapter 2 of title VII of the Act remain available for obligation in the succeeding fiscal year only to the extent that the DSU complied with any matching requirement by obligating, in accordance with 34 CFR 76.707, the non-Federal share in the fiscal year for which the funds were appropriated.
To receive a grant from a State's allotment of funds under parts B and C of chapter 1 of title VII of the Act and 34 CFR parts 365 and 366, a State shall submit to the Secretary, and obtain approval of, a three-year State plan meeting the requirements in subpart C of this part.
The designated State unit (DSU) shall submit to the Secretary for approval the three-year State plan no later than July 1 of the year preceding the first fiscal year of the three-year
(a)
(b)
(c)
(d)
(2) If more than one individual is designated, the Secretary designates one of those individuals as the Chief Hearing Official of the Hearing Panel. If one individual is designated, that individual is the Hearing Official.
(e)
(a)
(1) The State plan has been so changed that it no longer conforms with the requirements of section 704 of the Act; or
(2) In the administration of the State plan, there is a failure to comply substantially with any provision of the plan.
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(a)
(b)
(2) The Secretary may require a State to submit an interim State plan for a period of less than three years following a reauthorization of the Act and prior to the effective date of final regulations.
(c)
(1) Developed by the DSU and the SILC; and
(2) Signed by the—
(i) Director of the DSU (Director); and
(ii) Chairperson of the SILC, acting on behalf of and at the direction of the SILC.
(d)
(1) Developed by the DSU, the SILC, and the separate State agency authorized to provide VR services for individuals who are blind; and
(2) Signed by the—
(i) Director;
(ii) Director of the separate State agency authorized to provide VR services for individuals who are blind; and
(iii) Chairperson of the SILC, acting on behalf of and at the direction of the SILC.
(3) (Cross-reference: See § 364.22(c).)
(e) The State plan must assure that, as appropriate, the DSU and SILC actively consult in the development of the State plan with the Director of the CAP authorized under section 112 of the Act.
(f)
(1) Providing State IL services;
(2) Developing and supporting a statewide network of centers; and
(3) Working relationships between—
(i) Programs providing IL services and supporting or establishing centers; and
(ii) The VR program established under title I of the Act, and other programs providing services for individuals with disabilities.
(g)
(2) The State plan must assure that the DSU and SILC establish and maintain a written description of procedures for conducting public meetings in accordance with the following requirements:
(i) The DSU and SILC shall provide appropriate and sufficient notice of the public meetings. Appropriate and sufficient notice means notice provided at
(ii) The DSU and SILC shall make reasonable accommodation to individuals with disabilities who rely on alternative modes of communication in the conduct of the public meetings, including providing sign language interpreters and audio-loops.
(iii) The DSU and SILC shall provide the notices of the public meetings, any written material provided prior to or at the public meetings, and the approved State plan in accessible formats for individuals who rely on alternative modes of communication.
(h) The State plan must assure that, at the public meetings to develop the State plan, the DSU and SILC identify those provisions in the State plan that are State-imposed requirements. For purposes of this section, a State-imposed requirement includes any State law, regulation, rule, or policy relating to the DSU's administration or operation of IL programs under title VII of the Act, including any rule or policy implementing any Federal law, regulation, or guideline, that is beyond what would be required to comply with the regulations in 34 CFR parts 364, 365, 366, and 367.
(i) The State plan also must address how the specific requirements in §§ 364.21 through 364.43 and in §§ 364.56 and 364.59 will be met.
(a)
(2) The SILC may not be established as an entity within a State agency, including the designated State agency or DSU. The SILC shall be independent of the DSU and all other State agencies.
(b)
(2)
(A) At least one director of a center chosen by the directors of centers within the State; and
(B) As ex officio, nonvoting members, a representative from the DSU and representatives from other State agencies that provide services to individuals with disabilities.
(ii) The SILC may include—
(A) Other representatives from centers;
(B) Parents and legal guardians of individuals with disabilities;
(C) Advocates of and for individuals with disabilities;
(D) Representatives from private businesses;
(E) Representatives from organizations that provide services for individuals with disabilities; and
(F) Other appropriate individuals.
(iii) A majority of the members of the SILC must be individuals with disabilities, as defined in § 364.4(b), and not employed by any State agency or center.
(c)
(1) Who provide statewide representation;
(2) Who represent a broad range of individuals with disabilities; and
(3) Who are knowledgeable about centers and IL services.
(d)
(e)
(2)
(f)
(1) A member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed must be appointed for the remainder of that term;
(2) The terms of service of the members initially appointed must be (as specified by the appointing authority) for the fewer number of years as will provide for the expiration of terms on a staggered basis; and
(3) No member of the SILC may serve for more than two consecutive full terms.
(g)
(1) Jointly develop and sign (in conjunction with the DSU) the State plan required by section 704 of the Act and § 364.20;
(2) Monitor, review, and evaluate the implementation of the State plan;
(3) Coordinate activities with the State Rehabilitation Advisory Council established under section 105 of the Act and councils that address the needs of specific disability populations and issues under other Federal law;
(4) Ensure that all regularly scheduled meetings of the SILC are open to the public and sufficient advance notice is provided; and
(5) Submit to the Secretary all periodic reports as the Secretary may reasonably request and keep all records, and afford access to all records, as the Secretary finds necessary to verify the periodic reports.
(h)
(i)
(2) The SILC's resource plan must, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the State plan.
(3) No conditions or requirements may be included in the SILC's resource plan that may compromise the independence of the SILC.
(4) The SILC is responsible for the proper expenditure of funds and use of resources that it receives under the resource plan.
(5) A description of the SILC's resource plan required by paragraph (i)(1) of this section must be included in the State plan.
(j)
(2) While assisting the SILC in carrying out its duties, staff and other personnel made available to the SILC by the DSU may not be assigned duties by the designated State agency or DSU, or any other agency or office of the State, that would create a conflict of interest.
(k)
(l)
(a)
(1) Receive, account for, and disburse funds received by the State under part B of chapter 1 and section 723 of title VII of the Act (and 34 CFR parts 365 and 366, as applicable) based on the plan;
(2) Provide, as applicable, administrative support services for the SILS and CIL programs under part B of chapter 1 and section 723 of title VII of the Act, respectively, and 34 CFR parts 365 and 366, respectively;
(3) Keep records and afford access to these records as the Secretary finds to be necessary with respect to the SILS and CIL programs; and
(4) Submit additional information or provide assurances as the Secretary may require with respect to the SILS and CIL programs.
(b)
(c)
(a)
(b)
(1) With individuals with significant disabilities who rely on alternative modes of communication, such as manual communication, nonverbal communication devices, Braille, or audio tapes, and who apply for or receive IL services under title VII of the Act; and
(2) In the native languages of individuals with significant disabilities whose English proficiency is limited and who apply for or receive IL services under title VII of the Act.
The State plan must assure that the service provider establishes and maintains a program of staff development for all classes of positions involved in providing IL services and, if appropriate, in administering the CIL program. The staff development program must emphasize improving the skills of staff directly responsible for the provision of IL services, including knowledge of and practice in the IL philosophy.
(a) The State plan must include a design for the establishment of a statewide network of centers that comply with the standards and assurances in section 725 (b) and (c) of the Act and subparts F and G of 34 CFR part 366.
(b) The design required by paragraph (a) of this section must identify unserved and underserved areas and must provide an order of priority for serving these areas.
(a) The State plan must include steps that will be taken to maximize the cooperation, coordination, and working relationships among—
(1) The SILS program, the SILC, and centers; and
(2) The DSU, other State agencies represented on the SILC, other councils that address the needs of specific disability populations and issues, and other public and private entities determined to be appropriate by the SILC.
(b) The State plan must identify the entities to which the DSU and the SILC will relate in carrying out the requirements of paragraph (a) of this section.
The State plan must describe how IL services funded under chapter 1 of title VII of the Act will be coordinated with, and complement, other services, to avoid unnecessary duplication with other Federal, State, and local programs, including the OIB program authorized by chapter 2 of title VII of the Act, that provide IL- or VR-related services. This description must include those services provided by State and local agencies administering the special education, vocational education, developmental disabilities services, public health, mental health, housing, transportation, and veterans’ programs, and the programs authorized under titles XVIII through XX of the Social Security Act within the State.
The State plan must include an assurance that the DSU will seek to incorporate into and describe in the State plan any new methods or approaches for the provision to older individuals who are blind of IL services that are developed under a project funded under chapter 2 of title VII of the Act and that the DSU determines to be effective.
(a) The State plan must describe efforts to coordinate Federal and State funding for centers and IL services.
(b) The State plan must identify the amounts, sources, and purposes of the funding to be coordinated under paragraph (a) of this section, including the amount of State funds earmarked for the general operation of centers.
(c) Cross-reference: See 34 CFR 366.30(a).
The State plan must include satisfactory assurances that all service providers will use formats that are accessible to notify individuals seeking or receiving IL services under chapter 1 of title VII about—
(a) The availability of the CAP authorized by section 112 of the Act;
(b) The purposes of the services provided under the CAP; and
(c) How to contact the CAP.
The State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will take affirmative action to employ and advance in employment qualified individuals with significant disabilities
(a) With respect to IL services and centers funded under chapter 1 of title VII of the Act, the State plan must include steps to be taken regarding outreach to populations in the State that are unserved or underserved by programs under title VII, including minority groups and urban and rural populations.
(b) The State plan must identify the populations to be designated for targeted outreach efforts under paragraph (a) of this section and the geographic areas (i.e., communities) in which they reside.
The State plan must demonstrate how the State will address the needs of individuals with significant disabilities from minority group backgrounds.
In addition to complying with applicable EDGAR fiscal and accounting requirements, the State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will adopt those fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for those funds.
In addition to complying with applicable EDGAR recordkeeping requirements, the State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will maintain—
(a) Records that fully disclose and document—
(1) The amount and disposition by the recipient of that financial assistance;
(2) The total cost of the project or undertaking in connection with which the financial assistance is given or used;
(3) The amount of that portion of the cost of the project or undertaking supplied by other sources; and
(4) Compliance with the requirements of chapter 1 of title VII of the Act and this part; and
(b) Other records that the Secretary determines to be appropriate to facilitate an effective audit.
With respect to the records that are required by § 364.35, the State plan must include satisfactory assurances that all recipients of financial assistance under parts B and C of chapter 1 of title VII of the Act will submit reports that the Secretary determines to be appropriate.
For the purpose of conducting audits, examinations, and compliance reviews,
(a) The records maintained under § 364.35;
(b) Any other books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under chapter 1 of title VII of the Act; and
(c) All individual case records or files or consumer service records of individuals served under 34 CFR part 365, 366, or 367, including names, addresses, photographs, and records of evaluation included in those individual case records or files or consumer service records.
The State plan must establish a method for the periodic evaluation of the effectiveness of the plan in meeting the objectives established in § 364.42, including evaluation of satisfaction by individuals with significant disabilities who have participated in the program.
In States in which State funding for centers equals or exceeds the amount of funds allotted to the State under part C of title VII of the Act, as determined pursuant to 34 CFR 366.29 and 366.31, and in which the State elects to administer the CIL program as provided in section 723 of the Act, the State plan must include policies, practices, and procedures, including the order of priorities that the State may establish pursuant to 34 CFR 366.34(a), that are consistent with section 723 of the Act to govern the awarding of grants to centers and the oversight of these centers.
The State plan must assure that—
(a) Any individual with a significant disability, as defined in § 364.4(b), is eligible for IL services under the SILS and CIL programs authorized under chapter 1 of title VII of the Act;
(b) Any individual may seek information about IL services under these programs and request referral to other services and programs for individuals with significant disabilities, as appropriate; and
(c) The determination of an individual's eligibility for IL services under the SILS and CIL programs meets the requirements of § 364.51.
(a) The State plan must assure that the service provider applies eligibility requirements without regard to age, color, creed, gender, national origin, race, religion, or type of significant disability of the individual applying for IL services.
(b) The State plan must assure that the service provider does not impose any State or local residence requirement that excludes under the plan any individual who is present in the State and who is otherwise eligible for IL services from receiving IL services.
(a) The State plan must specifically describe—
(1) The objectives to be achieved;
(2) The financial plan for the use of Federal and non-Federal funds to meet these objectives. The financial plan must identify the source and amounts of other Federal and non-Federal funds to be used to meet these objectives; and
(3) How funds received under sections 711, 721, and 752 of the Act will further these objectives.
(b) The objectives required by paragraph (a) of this section must address—
(1) The overall goals and mission of the State's IL programs and services;
(2) The various priorities for the types of services and populations to be served; and
(3) The types of services to be provided.
(c) In developing the objectives required by paragraph (a) of this section, the DSU and the SILC shall consider, and incorporate if appropriate, the priorities and objectives established by centers pursuant to section 725(c)(4) of the Act.
(d) The State plan must establish timeframes for the achievement of the objectives required by paragraph (a) of this section.
(e) The State plan must explain how the objectives required by paragraph (a) of this section are consistent with and further the purpose of chapter 1 of title VII of the Act, as stated in section 701 of the Act and § 364.2.
(a) The State plan must describe the extent and scope of IL services to be provided under title VII of the Act to meet the objectives stated in § 364.42.
(b) The State plan must provide that the State directly, or through grants or contracts, will provide IL services with Federal, State, or other funds.
(c) Unless the individual signs a waiver stating that an IL plan is unnecessary, IL services provided to individuals with significant disabilities must be in accordance with an IL plan that meets the requirements of § 364.52 and that is mutually agreed upon by—
(1) An appropriate staff member of the service provider; and
(2) The individual.
(d) If the State provides the IL services that it is required to provide by paragraph (b) of this section through grants or contracts with third parties, the State plan must describe these arrangements.
(e) If the State contracts with or awards a grant to a center for the general operation of the center, the State shall delegate to the center the determination of an individual's eligibility for services from that center. If the State contracts with or awards a grant to a third party to provide specific IL services, the State may choose to delegate to the IL service provider the determination of eligibility for these services and the development of an IL plan for individuals who receive these services.
The service provider shall apply the standards and procedures established by the DSU pursuant to 34 CFR 365.30 to ensure expeditious and equitable handling of referrals and applications for IL services from individuals with significant disabilities.
(a)
(2) The documentation must be dated and signed by an appropriate staff member of the service provider.
(b)
(2)(i) The service provider may determine an applicant to be ineligible for IL services only after full consultation with the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, or after providing a clear opportunity for this consultation.
(ii) The service provider shall notify the applicant in writing of the action taken and inform the applicant or, if the applicant chooses, the applicant's parent, guardian, or other legally authorized advocate or representative, of the applicant's rights and the means by which the applicant may appeal the action taken. (Cross-reference: See § 364.58(a).)
(iii) The service provider shall provide a detailed explanation of the availability and purposes of the CAP established within the State under section 112 of the Act, including information on how to contact the program.
(iv) If appropriate, the service provider shall refer the applicant to other agencies and facilities, including the State's VR program under 34 CFR part 361.
(c)
(2) The review need not be conducted in situations where the applicant has refused the review, the applicant is no longer present in the State, or the applicant's whereabouts are unknown.
(a)
(2) The requirements of this section with respect to an IL plan do not apply if the individual knowingly and voluntarily signs a waiver stating that an IL plan is unnecessary.
(3) Subject to paragraph (a)(2) of this section, the service provider shall provide each IL service in accordance with the IL plan.
(b)
(2) The IL plan must be developed jointly and signed by the appropriate staff member of the service provider and the individual with a significant disability or, if consistent with State law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.
(3) A copy of the IL plan, and any amendments, must be provided in an accessible format to the individual with a significant disability or, if consistent with State law and the individual chooses, the individual's guardian, parent, or other legally authorized advocate or representative.
(c)
(2) Each individual with a significant disability or, if consistent with State
(d)
(1) Written rehabilitation program for VR services for that individual;
(2) Habilitation program for the individual prepared under the Developmental Disabilities Assistance and Bill of Rights Act; and
(3) Education program for the individual prepared under part B of the Individuals with Disabilities Education Act.
(e)
For each applicant for IL services (other than information and referral) and for each individual receiving IL services (other than information and referral), the service provider shall maintain a consumer service record that includes—
(a) Documentation concerning eligibility or ineligibility for services;
(b) The services requested by the consumer;
(c) Either the IL plan developed with the consumer or a waiver signed by the consumer stating that an IL plan is unnecessary;
(d) The services actually provided to the consumer; and
(e) The IL goals or objectives—
(1) Established with the consumer, whether or not in the consumer's IL plan; and
(2) Achieved by the consumer.
(f) A consumer service record may be maintained either electronically or in written form, except that the IL plan and waiver must be in writing.
The service provider may not impose any uniform durational limitations on the provision of IL services, except as otherwise provided by Federal law or regulation.
In providing IL services to individuals with significant disabilities, service providers shall comply with—
(a) The written standards for IL service providers established by the DSU pursuant to 34 CFR 365.31; and
(b) All applicable State or Federal licensure or certification requirements.
(a)
(1) Specific safeguards protect current and stored personal information;
(2) All applicants for, or recipients of, IL services and, as appropriate, those individuals’ legally authorized representatives, service providers, cooperating agencies, and interested persons are informed of the confidentiality of personal information and the conditions for gaining access to and releasing this information;
(3) All applicants or their legally authorized representatives are informed about the service provider's need to
(i) Identification of the authority under which information is collected;
(ii) Explanation of the principal purposes for which the service provider intends to use or release the information;
(iii) Explanation of whether providing requested information to the service provider is mandatory or voluntary and the effects to the individual of not providing requested information;
(iv) Identification of those situations in which the service provider requires or does not require informed written consent of the individual or his or her legally authorized representative before information may be released; and
(v) Identification of other agencies to which information is routinely released;
(4) Persons who are unable to communicate in English or who rely on alternative modes of communication must be provided an explanation of service provider policies and procedures affecting personal information through methods that can be adequately understood by them;
(5) At least the same protections are provided to individuals with significant disabilities as provided by State laws and regulations; and
(6) Access to records is governed by rules established by the service provider and any fees charged for copies of records are reasonable and cover only extraordinary costs of duplication or making extensive searches.
(b)
(c)
(2) Medical, psychological, or other information that the service provider determines may be harmful to the individual may not be released directly to the individual, but must be provided through a qualified medical or psychological professional or the individual's legally authorized representative.
(3) If personal information has been obtained from another agency or organization, it may be released only by, or under the conditions established by, the other agency or organization.
(d)
(1) The information will be used only for the purposes for which it is being provided;
(2) The information will be released only to persons officially connected with the audit, evaluation, or research;
(3) The information will not be released to the involved individual;
(4) The information will be managed in a manner to safeguard confidentiality; and
(5) The final product will not reveal any personally identifying information without the informed written consent of the involved individual or the individual's legally authorized representative.
(e)
(2) Medical or psychological information may be released pursuant to paragraph (e)(1) of this section if the other agency or organization assures the service provider that the information will be used only for the purpose for which it is being provided and will not be further released to the individual.
(3) The service provider shall release personal information if required by Federal laws or regulations.
(4) The service provider shall release personal information in response to investigations in connection with law enforcement, fraud, or abuse, unless expressly prohibited by Federal or State laws or regulations, and in response to judicial order.
(5) The service provider also may release personal information to protect the individual or others if the individual poses a threat to his or her safety or to the safety of others.
A DSU may carry out the functions and responsibilities described in §§ 364.50, 364.51 (subject to 364.43(d)), 364.52, 364.53, and 364.56 or, except as otherwise provided, may delegate these functions and responsibilities to the appropriate service provider with which the DSU subgrants or contracts to provide IL services.
Each service provider shall—
(a) Establish policies and procedures that an individual may use to obtain review of decisions made by the service provider concerning the individual's request for IL services or the provision of IL services to the individual; and
(b) Use formats that are accessible to inform each individual who seeks or is receiving IL services from the service provider about the procedures required by paragraph (a) of this section.
(a)
(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)
(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)
(d)
(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 services, including the individual's financial need.