Page:United States Statutes at Large Volume 104 Part 2.djvu/597

 PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-189 "(5) the State will provide ongoing monitoring of the health and well-being of each recipient; "(6) the State will provide the services defined in subsection (a) in accordance with an individual support plan (as defined by the Secretary in regulations); and "(1) the State plan amendment under this section shall be reviewed by the State Planning Council established under section 124 of the Developmental Disabilities Assistance and Bill of Rights Act, and the Protection and Advocacy System established under section 142 of such Act.".*® The Secretary shall not approve a quality assurance plan under this subsection and allow a State to continue to receive Federal financial participation under this section unless the State provides for public hearings on the plan prior to adoption and implementation of its plan under this subsection. " (e) MAINTENANCE OF EFFORT. —States selected by the Secretary to receive Federal financial participation to provide services under this section shall maintain current levels of spending for such services in order to be eligible to continue to receive Federal financial participation for the provision of such services under this section. "(f) EXCLUDED SERVICES. —No Federal financial participation shall be allowed for the provision of the following services under this section: "(1) Room and board. "(2) Cost of prevocational, vocational and supported employ- ment. "(g) WAIVER OF REQUIREMENTS.— The Secretary may waive such provisions of this title as necessary to carry out the provisions of this section including the following requirements of this title— "(1) comparability of amount, duration, and scope of services; and "(2) statewideness. "(h) MINIMUM PROTECTIONS. — "(1) PUBLICATION OF INTERIM AND FINAL REQUIREMENTS. — "(A) IN GENERAL.—The Secretary shall publish, by July 1, 1991, a regulation (that shall be effective on an interim basis pending the promulgation of final regulations), and by October 1, 1992, a final regulation, that sets forth interim and final requirements, respectively, consistent with subparagraph (B), to protect the health, safety, and welfare of individuals receiving community supported living arrangements services. "(B) MINIMUM PROTECTIONS.— Interim and final requirements under subparagraph (A) shall assure, through methods other than reliance on State licensure processes or the State quality assurance programs under subsection (d), that— "(i) individuals receiving community supported living arrangements services are protected from neglect, physical and sexual abuse, and financial exploitation; "(ii) a provider of community supported living arrangements services may not use individuals who have been convicted of child or client abuse, neglect, or mistreatment or of a felony involving physical harm to an individual and shall take all reasonable steps to determine whether applicants for employment by the provider have histories indicating involvement in child
 * So in original. Probably should be "Act.".

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