Page:United States Statutes at Large Volume 104 Part 2.djvu/588

 104 STAT. 1388-180 PUBLIC LAW 101-508 —NOV. 5, 1990 "(J) Any other rights established by the Secretary. "(g) MINIMUM REQUIREMENTS FOR SMALL COMMUNITY CARE SET- TINGS. — "(1) SMALL COMMUNITY CARE SETTINGS DEFINED. — In this section, the term 'small community care setting' means— "(A) a nonresidential setting that serves more than 2 and less than 8 individuals; or "(B) a residential setting in which more than 2 and less than 8 unrelated adults reside and in which personal services (other than merely board) are provided in conjunction with residing in the setting. "(2) MINIMUM REQUIREMENTS. —A small community care setting in which community care is provided under this section must— "(A) meet such requirements as are published or developed by the Secretary under subsectiofi (k); "(B) meet the requirements of paragraphs (1)(A), (1)(C), (1)(I)), (3), and (6) of section 1919(c), to the extent applicable to such a setting; "(C) inform each individual receiving community care under this section in the setting, orally and in writing at the time the individual first receives community care in the setting, of the individual's legal rights with respect to such a setting and the care provided in the setting; "(D) meet any applicable State or local requirements regarding certification or licensure; "(E) meet any applicable State and local zoning, building, and housing codes, and State and local fire and safety regulations; and "(F) be designed, constructed, equipped, and maintained in a manner to protect the health and safety of residents. " (h) MINIMUM REQUIREMENTS FOR LARGE COMMUNITY CARE SET- TINGS. — "(1) LARGE COMMUNITY CARE SETTING DEFINED. — In this section, the term 'large community care setting' means— "(A) a nonresidential setting in which more than 8 individuals are served; or "(B) a residential setting in which more than 8 unrelated adults reside and in which personal services are provided in conjunction with residing in the setting in which home and community care under this section is provided. "(2) MINIMUM REQUIREMENTS.— A large community care setting in which community care is provided under this section must— "(A) meet such requirements as are published or developed by the Secretary under subsection (k); "(B) meet the requirements of paragraphs (1)(A), (1)(C), (1)(D), (3), and (6) of section 1919(c), to the extent applicable to such a setting; "(C) inform each individual receiving community care under this section in the setting, orally and in writing at the time the individual first receives home and community care in the setting, of the individual's legal rights with respect to such a setting and the care provided in the setting; and "(D) meet the requirements of paragraphs (2) and (3) of section 1919(d) (relating to administration and other mat-

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