The Association of Colorado Centers for Independent Living ACCIL Desk Manual A Handbook for Board Members, Staff, and Volunteers 12/1/2012 0 Welcome to the Colorado Centers for Independent Living! We are the network of certified CIL’s that are charged by the State of Colorado to make Independent Living services available to significantly disabled citizens throughout the state. Every CIL is uniquely shaped by its local community and the individuals it serves. As articulated in the Rehabilitation Act: The purpose of Centers for Independent Living is to promote a philosophy of independent living, consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and their integration and full inclusion into the mainstream of American society…. -Adapted from Title VII With the honor of carrying out this commitment, comes responsibility. We have a responsibility to be good stewards of our financial resources, true to the IL philosophy while meeting federally-defined standards and indicators governing Centers for Independent Living. This Handbook is designed to help CILs across Colorado understand what data to collect and how it is used. As a network, we endeavor to tell the story of our challenges and successes in a consistent and systematic manner that demonstrate accountability to people with disabilities, funders, legislators, donors, and our communities. For each CIL, this same information is a valuable tool enabling self-reflection and program evaluation. To assist you in capturing, describing and reporting the important work your CIL does, refer to this Handbook for definitions of individual and community services, useful links and definitions, and the model that attempts to capture our service delivery and break it into understandable steps. Sincerely, ACCIL 1 Contents Welcome to the Colorado Centers for Independent Living ............................................................ 1 The Independent Living Philosophy: Defining Consumer Control .................................................. 3 Background ..................................................................................................................................... 3 Independent Living, a Brief History ................................................................................................ 3 Bringing control to the consumer ................................................................................................... 3 IL Service Delivery Process .............................................................................................................. 4 How does the process work? .......................................................................................................... 5 How do individuals Contact a CIL? .................................................................................................. 7 Is It I&R or CSR?............................................................................................................................... 7 Who is Eligible to Receive Services? ............................................................................................... 7 What is a Significant Disability? ...................................................................................................... 7 How is Eligibility Determined? ........................................................................................................ 7 What’s in a CSR? ............................................................................................................................. 8 What’s the Difference between a IL Plan or Waiver? .................................................................... 8 What kind of Goals Can be Developed? ......................................................................................... 8 What Services Can be Provided? .................................................................................................. 11 Community Services...................................................................................................................... 15 Documentation ............................................................................................................................. 16 HIPAA and the CIL ......................................................................................................................... 18 Appendix 1, Colorado Centers for Independent Living ................................................................ 20 Appendix 2, Good to Know ........................................................................................................... 22 Appendix 3, Abbreviations and Common Phrases....................................................................... 24 Appendix 4, Cil Suite ..................................................................................................................... 29 Appendix 5 Independence OnLine ................................................................................................ 46 Appendix 6, Title VII--Independent Living Services And Centers For Independent Living ........... 48 2 The Independent Living Philosophy: Defining Consumer Control Background The entire focus of the Independent Living Movement is the realization that freedom to make choices and the ability to live in the community is a basic civil right that should be extended to all people, regardless of disability. With this framework, Independent Living Center staff work with and for the consumer to promote his or her independence in the community. This differs from many social service agencies which play a caretaker or protector role to “vulnerable populations.” ILCs believe that the freedom to make choices, including mistakes, empowers people to further their involvement in their life and community. Persons with disabilities are not clients who professionals advise what is best for them. Instead, they are consumers of services, consumers who make informed decisions on the goals they want to achieve and ILCs give them the tools to help them achieve those goals. It’s consumer control rather than a social service. Though a simple statement, this philosophy defines a focus that greater society often finds difficult to accept. Independent Living, a Brief History The birth of the independent living movement has been attributed to a group of students at U.C. Berkeley with disabilities. In 1962, the first severely disabled student was admitted to U.C. Berkeley. By 1969, the number of students with severe disabilities had increased to 12. The UC hospital surroundings were familiar to the new tenants, who had spent countless days and nights in custodial institutions. A sense of unity and self-confidence developed as the residents lived in close, continuing contact with each other. As they became more aware of the degree to which control over their lives had been taken over by medical and rehabilitation professionals, the students drew on their own experience to develop a philosophy of independent living. The students believed that they didn’t need to change to become integrated, but rather the environment and the attitudes toward persons with disabilities needed to change. The core of these students moved on to start the Center for Independent Living in Berkeley. Bringing control to the consumer By charter, at least 51 percent of employees at Independent Living Centers have disabilities, as does 51 percent of the center’s board of directors. Center employees also represent all types of disabilities from those with cognitive disabilities to mobility impairments to people who are blind or deaf to persons with learning disabilities. These factors underscore the importance of consumer control in the ILC. The center vests power and authority in individuals with disabilities and is designed by and for the local disability community. It is also important to note that ILCs do not operate any type of residential facility. ILCs are not assisted living or skilled nursing facilities, a common misconception. Instead, independent living advocates direct their efforts toward the goal of freeing people with disabilities from 3 institutional living, while educating the community on accessibility issues. With the proper support system from the community, people with disabilities can live where they choose and pursue their dreams just as any other individual does. For many social service agencies that offer support, information and referral and other services, it’s sometimes easier to fall into the role of “caretaker” and controlling the situation in order to help. For some persons with disabilities, it is “easier” to let others do everything for them. However, this way of doing things creates an unhealthy environment of dependency. Independent Living Centers realize that persons with disabilities don’t need “to be taken care of” but rather need to be empowered to make their own choices and manage their own lives. In other words, ILC staff members don’t “manage caseloads” or “follow up” to other agencies on referrals. The consumer has an active role in the services he or she receives, constantly giving feedback and expressing concern with goals and expectations. By presenting a variety of methodologies to the individual, even those persons with disabilities who aren’t traditionally thought to have the ability to make their own choices, ILCs allow everyone to have access to making those decisions. ILCs believe the role of empowerment is key to the independence of a person with a disability. For many persons with disabilities, control has always been unavailable because of agencies “taking care of their needs.” However, when one is empowered to live his or her own life, the consumer is more active, independent and able to be a vocal and productive member of society. IL Service Delivery Process Living Independently means having control over one’s life based on the choice of acceptable options that minimize reliance on others in making decisions and in performing everyday activities. This includes managing one’s affairs, participating in day-to-day life in the community, fulfilling a range of social roles, making decisions that lead to self-determination, and minimizing physical or psychological dependence on others. The following comparison of the Rehabilitation and Independent Living Paradigms points out the differences between the two service delivery approaches. Often, it is not so much What service is delivered as it is Why or How. Item Definition of problem Locus of problem Rehabilitation Paradigm IL Paradigm Physical impairment; lack of vocational skill; psychological maladjustment motivation and cooperation barriers Dependence on professionals relatives, and others; lack of support services; architectural barriers; economic barriers In individual In environment; in the rehabilitation process 4 Consumer Social role Patient - client Solution to problem Professional intervention by physician, physical therapist, occupational therapist, vocational counselor and others Who controls Professional Desired outcomes Maximum ADL; gainful employment psychological adjustment, improved motivation, completed treatment Peer counseling; advocacy; self-help; consumer control, removal of barriers and disincentives Consumer Self-direction; least restrictive environment, social and economic productivity How does the process work? On the next page, the chart shows the steps in the IL Service Delivery process. Notice that this allows the consumer the maximum amount of control over what services are provided and the expected outcomes. Following the chart is a short discussion of each of the steps. 5 6 How do individuals Contact a CIL? People who want services can initiate contact with the CIL in a variety of ways, but the most common is by calling the office. Is It I&R or CSR? CILs use the following information to determine whether a service meets the recording criteria of basic Information and Referral (I&R) or a Consumer Service Record (CSR). IF IF You are working with a caller or visitor or emailer WITH OR WITHOUT a disability You are working with a person with a significant disability (or their authorized representative) AND AND You provide limited information for a specific request or referral to a more appropriate agency You begin to assist in setting goals, to engage in problem solving, to develop in-depth notes about needs THEN THEN This service is Information and Referral Develop a Consumer Service Record I&R CSR Who is Eligible to Receive Services? Any individual with a significant disability is eligible. What is a Significant Disability? The Federal act defines this as a severe physical, mental, cognitive, or sensory impairment that limits an individual’s ability to function independently in the family or community or their ability to obtain, maintain, or advance in employment. How is Eligibility Determined? Through the presentation of written documentation of a significant disability, selfidentification, or observation by a ILC staff person. In any case, documentation must be signed and retained for the case record. 7 What’s in a CSR? Consumer service records include: Documentation concerning eligibility or ineligibility for services The services requested by the consumer; Either the IL plan developed with the consumer [and signed by the consumer and the IL staff representative] or a waiver signed by the consumer stating that an IL plan is unnecessary [NOTE: RSA determined that electronic signatures are allowable but not verbal signatures]; The services actually provided to the consumer; And the IL goals or objectives – о Established with the consumer, whether or not in the consumer’s IL plan; and о Achieved by the consumer. What’s the Difference between a IL Plan or Waiver? An individual has the right to develop an independent living plan (ILP) or waive that right. Developed in collaboration with the individual with a significant disability, an IL plan must о indicate the goals or objectives established о indicate the services to be provided о indicate the anticipated duration of the service program and each component services. о be signed by the appropriate staff member of the service provider and the individual with a significant disability о be provided in an accessible format to the individual with a significant disability о be reviewed as often as necessary but at least on an annual basis to determine whether services should be continued, modified, or discontinued, or whether the individual should be referred to a program of VR services The requirements 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. Note: Even though an individual may sign a waiver, CIL staff must still document goals, action plans and achievements as part of the Consumer Service Record. What kind of Goals Can be Developed? When developing an Independent Living Plan as part of a Consumer Service Record, consumers establish goals. These goals are defined as affecting significant life areas that classify consumer goals into a few categories representing the range of life achievements made possible through IL services. CILs report the setting and achievement of goals in these significant life areas annually to the federal government. Below are definitions of the significant life areas and examples of each. The examples following the definitions are designed to be used as a guide. 8 Communication – Goals involving either improvement in a consumer’s ability to understand communication by others (receptive skills), and/or improvement in a consumer’s ability to share communication with others (expressive skills). о Use Alternative Formats (i.e., Braille, large print, electronic format, audiotape) о Use Interpreters о Use Writers/ Note-takers/ Readers о Use TTY/Colorado Relay Service о Use Closed-Captioned Equipment о Use Speech Therapy Services Community/Social Participation – Goals related to full participation in the mainstream of American society, including the ability to participate in community events such as community fairs and government functions, attend worship services and access recreational activities and facilities. Educational – Academic or training goals that are expected to improve the consumer’s knowledge or ability to perform certain skills that would expand his/her independence, productivity or income-generating potential. о Improve Basic Literacy Skills о Acquire a High School Diploma or GED о Acquire a College Degree о Acquire Post-Secondary Training (Vocational, Technical, Community College, Certification Program) о Learn Foreign Language Housing -- One of the following significant life areas based on a consumer’s current living situation о Relocation from a Nursing Home or Institution – Goals related to relocation from nursing homes or other institutions to community-based living arrangements. This significant life area specifically pertains to consumers who live in a nursing home or institution. о Community-Based Living – Goals that provide for a change in living situations with increased autonomy for the consumer. This may involve a consumer’s goals related to obtaining/modifying an apartment or house. Community-based living arrangements may include apartments, privately owned housing, self-directed assisted living, or selfdirected living with family/friends. Information Access/Technology – Goals related to consumer obtaining and/or using information necessary for the consumer’s independence and community integration. These may include use of a computer or other assistive technology, devices, or equipment, as well as developing information technology skills, such as using computer screen-reading software. о Use a Personal Computer о Use Assistive Devices о Repair and Maintain Equipment 9 о Use Software Mobility/Transportation – Goals to improve a consumer’s access to her/his life space, environment, and community. This may occur by improving the consumer’s ability to move, travel, transport himself/herself, or use public transportation. о Use Public Transportation о Use Para Transit Services о Gain Mobility Skills о Obtain Driver’s License о Obtain / Modify a Vehicle о Obtain Parking Permit о Access Various Travel Methods: Airlines, Trains, etc. о Use a Service Animal Other – IL goals not included in the other categories. Personal Resource Management – Goals related to a consumer learning to establish and maintain a personal/family budget, managing a checkbook, and/or obtaining knowledge of available direct and indirect resources related to income, housing, food, medical, and/or other benefits. о Develop and Follow a Budget о Open a Bank Account о Balance a Checkbook о Plan for Financial Security о Improve Credit о Evaluate Need / Make Arrangements for Payee Services о Understand, Acquire, or Increase Benefits (e.g., SSI/SSDI, Section 8, food stamps/Bridge Card, etc.) Self-Advocacy/Self-Empowerment – Goals involving improvement in a consumer’s ability to represent himself/herself with public and/or private entities, the ability to make key decisions involving himself/herself, or the ability to organize and manage his/her own activities to achieve desired objectives. о Increase Knowledge of Personal/Civil Rights and Disability Laws о Improve Self-Esteem/Assertiveness/Self-Advocacy Skills о File or Appeal a Complaint/ Grievance / Find Legal Representation о Advocate for New and/or Enforcement of Disability Legislation о Advocate for Personal Rights/Accommodations from various systems (i.e., Social Security, Veterans Administration, ADA, Medicaid/Medicare etc.) о Serve on Committees, Coalitions, and Boards о Register to Vote and/or Learn to Use Electronic Voting Machines Self-Care – Goals to improve/maintain a consumer’s autonomy with respect to activities of daily living such as personal grooming and hygiene, meal preparation and nutrition, shopping, eating, and other aspects of personal health and safety. 10 о о о о о о о о о о Recruit, Hire, Manage Personal Assistants Identify Child Care Options Parenting Shop, Prepare Meals, and Eating Grooming/ Hygiene Transferring Safety Housekeeping Health Care, Wellness and Exercise Sexuality Vocational – Goals related to obtaining, maintaining, or advancing in employment. о Obtain Employment Services о Obtain a Job Coach/Supported Employment о Obtain/Retain a Job/Volunteer Position о Become Self-Employed о Understand ADA Issues Related to Work Place Accommodations о Obtain On-the-Job Training о Acquire Employment Advancement Skills What Services Can be Provided? Every CIL must provide the same set of Core Services to Individuals. Additionally, all CILs are involved in Systems Advocacy. The examples are designed as examples, and not an exhaustive list. Advocacy/Legal Services – Assistance and /or representation in obtaining access to benefits, services, and programs to which a consumer may be entitled. о Accompany consumer to county commission meeting о Assist with voter registration о Represent a person with a disability at a Social Security hearing о Provide intervention on behalf of a consumer regarding eviction, hostility, violence or other issue о Assist a consumer in understanding his or her rights under civil/disability rights laws IL Skills Training and Life Skill Training Services – These may include instruction [individually or in a group] to develop independent living skills in areas such as personal care, coping, financial management, social skills, and household management. This may also include education and training necessary for living in the community and participating in community activities о Develop a Budget о Plan and Prepare Meals о Grooming /Hygiene о Transferring 11 о Housekeeping о Health Care, Wellness and Exercise о Care for a Service or Therapy Animal Information and Referral Services – This is the only service (other than services to family members) that may be provided to all individuals, whether or not the individual has a disability. Peer Support (Peer Counseling Services) – Counseling, teaching, information sharing, and similar kinds of contact provided to consumers by other people with disabilities. о Assist in living effectively with a disability о Assist in goal setting о Assist with problem solving/ decision-making о Assist as a role model/ mentor о Facilitate a disability support group Assistive Technology – Any assistive technology device, that is, any item, piece of equipment or product system that is used to increase, maintain or improve functional capabilities of individuals with disabilities and any assistive technology service that assists an individual with a disability in the selection, acquisition or use of an assistive technology device. о Provide assistive devices о Assist with repair and maintenance of equipment and devices Children’s Services – The provision of specific IL services designed to serve individuals with significant disabilities under the age of 14. о Assist in locating childcare о Acquire/coordinate early intervention services Communication Services – Services directed to enable consumers to better communicate, such as interpreter services, training in communication equipment use, Braille instruction, and reading services. о Arrange/provide interpreter service/reading services о Coordinate emergency communication services Counseling and Related Services – These include information sharing, psychological services of a non-psychiatric, non-therapeutic nature, parent-to-parent services, and related services. Employment (Vocational Services) – Any services designed to achieve or maintain employment. о Provide training in employability skills о Assist with identifying reasonable accommodations о Provide vocational assessments/ evaluations о Arrange/provide job development/job placement о Arrange/provide job coaching/ mentoring/ shadowing 12 о Provide volunteer experience as a possible prelude to employment Family Services – Services provided to the family members of an individual with a significant disability when necessary for improving the individual’s ability to live and function more independently, or ability to engage or continue in employment. Such services may include respite care. Record the service in the consumer’s CSR on behalf of whom services were provided to the family. о Arrange respite care о Arrange/provide parent support Health Care Services (Physical Restoration Services) – Restoration services including medical services, health maintenance, eyeglasses, and visual services. о Coordinate eye exams and acquisition of glasses о Coordinate dental exams о Coordinate physical therapy services Housing, Home Modifications, and Shelter Services – These services are related to securing housing or shelter, adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by individuals with significant disabilities). Note: A CIL may not provide housing or shelter as an IL service on either a temporary or long term basis unless the housing or shelter is incidental to the overall operation of the CIL and is provided to any individual for a period not to exceed eight weeks during any sixmonth period. о Assist in locating an apartment or house о Survey a home for barriers о Modify a home о Coordinate for emergency housing Professional Counseling (Mental Restoration Services) – Psychiatric restoration services including maintenance on psychotropic medication, psychological services, and treatment management for substance abuse. Note: These services require appropriately licensed professionals (MSW, PhD, etc.), usually provided in a sequential, systematic manner, using specific psychotherapeutic techniques to resolve issues related to independent living and to promote self-awareness. Mobility Training Services – A variety of services involving assisting consumers to get around their homes and communities. Other Services – Any IL services not listed elsewhere. Personal Assistance Services – These include, but are not limited to, assistance with personal bodily functions; communicative, household, mobility, work, emotional, cognitive, personal, and financial affairs; community participation; parenting; leisure; and other related needs. о Coordinate personal care assistance program о Assist the consumer in identifying his/her needs 13 о Train a personal assistant о Train consumer in hiring, maintaining and terminating a personal assistant Preventive Services – Services intended to prevent additional disabilities, or to prevent an increase in the severity of an existing disability. о Coordinate substance abuse services to persons who may have indicated concern about overuse of alcohol or drugs о Coordinate nutrition services to persons who are overweight, underweight, have diabetes, etc. о Coordinate exercise or therapy services to persons who have muscle weakness Prostheses and Other– Provision of, or assistance in obtaining through other sources, an adaptive device or appliance to substitute for one or more parts of the human body. Recreational Services – Provision or identification of opportunities for the involvement of consumers in meaningful leisure time activities. These may include such things as participation in community affairs and other recreation activities that may be competitive, active, or quiet. о Provide/Identify Sports, Recreation, and Leisure Activities and Arrange for Participation Rehabilitation Technology Services – Any service that assists an individual with a disability in the selection, acquisition or use of applied technologies, engineering methodologies or scientific principles to meet the needs of the individual and address the barriers confronted by individuals with significant disabilities with respect to education, rehabilitation, employment, transportation, IL and/or recreation. Note: Rehabilitation technology services may include assistive technology devices and services. This includes the provision of assistive technology devices and services. о Coordinate/provide evaluations о Coordinate adaptive technology services о Coordinate/provide adaptive technology о Train in the use of adaptive technology Therapeutic Treatment – Services provided by registered or licensed occupational, physical, recreational, hearing, language, or speech therapists. Transportation Services – Provision of, or arrangements for, transportation. о Assist in acquiring bus passes о Coordinate transportation services о Provide / arrange for drivers’ education for a driver’s license о Assist in planning emergency transportation Youth/Transition Services – Any service that develops skills specifically designed for youth with significant disabilities between the ages of 14 and 24 to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and the exploration of career options, including the transition from school to post school activities such as postsecondary education, vocational training, employment, continuing and adult education, adult services, independent living, or community participation. 14 о Assist in acquiring appropriate educational services о Assist in acquiring appropriate transitional services from school to adulthood Community Services In addition to working with individuals with disabilities, CILs work with community entities such as transportation authorities, community mental health departments, intermediate school districts, local businesses, etc. CILs report these services annually to federal and state funders. The examples following are designed to be used as a guide. Collaboration/Networking – activities related to building coalitions or collaborative partnerships designed to expand the participation of individuals with significant disabilities in services, programs, activities, resources and facilities. Homeless Coalition Affordable Housing Task Force After-School Child Care Task Force Domestic Violence Coalition Work Force Development Board Transportation Boards/Commissions Community Education and Public Information – activities and information programs to enhance the community’s awareness of disabilities and disability issues, e.g., local TV, radio, or newspaper campaigns. This type of services may include the creation and distribution of publications (such as accessibility guides, disability awareness brochures, ADA information) and databases/directories for personal assistants, recreation opportunities, accessible transportation, accessible housing, and other available services. Publications: Newsletters Brochures Flyers Digital/Social Media Accessibility Guides Posters Position Papers Community Education: Media Campaign Disability Awareness Day Activities Candidate Forums Databases and Registries: Personal Assistance Service Providers Job Listings Recreation Sites Accessible Housing Home Health Care Providers Interpreter Services Community/Systems Advocacy – includes efforts to implement local and state policy changes to make facilities, services, and opportunities available and accessible to individuals with disabilities. Note: These are activities where the CIL hosts, or is represented, designed to have an impact on services, laws, or rights of persons with disabilities. The activity must have a possible impact on persons with disabilities or sub-group, not just one individual. 15 Letter to housing department regarding accessibility Appearance at city council meeting regarding disability services Meeting with local authorities regarding disability parking codes Event where legislators, policy makers, and/or other elected officials are in attendance such as litigation or class action complaints Other Services – Community activities that do not fit in any of the other definitions. Outreach Efforts – entails the location of, and encouragement to use services for unserved/underserved populations, including minority groups and urban and rural populations. Mail or fax information to people with disabilities Present to a group of people with disabilities Exhibit at a public forum or conference Speak on radio or TV program targeting persons with disabilities Write an article in a disability-related publication Technical Assistance – assistance to the community on making services, programs, activities, resources, and facilities in society accessible to individuals with significant disabilities. Accessibility surveys Disability sensitivity training Assistance on compliance with ADA and other applicable laws Documentation NOTE: Specific assistance relating to the two most commonly used data systems in Colorado, Cil Suite and Cil Collector, is attached as an appendix to this manual. The following is designed to be of assistance, regardless of the data system used. Consumer contact notes should be written in plain English, so that a lay reader can understand. Each consumer contact note should contain four elements, summarized in the acronym SOAP: Subjective, Objective, Assessment, and Plan, as follows: Subjective refers to the consumer’s current situation, need, symptoms, and other aspects of his/her present experience, preferably using his/her own words (and/or those of a significant other) as circumstances permit. Objective refers, commonly, to numerical data supplied by other sources (e.g., age, weight, etc.) and by the staff person’s direct observations of the consumer (e.g., “angry”) and of the situation (e.g., “was accompanied by her husband”). Inferences, reactions, and other information that goes beyond these sources do not belong here. Assessment refers to the staff person’s sense of what is happening, consistent with his/her qualifications. Staff licensed to render psychiatric diagnoses should enter those diagnoses in accordance with applicable laws and other guidelines. Staff should not render diagnoses 16 or other assessments for which they lack formal qualifications. Statements of personal reaction or emotion are not assessments. Plan refers to the steps that the staff person takes, or intends to take, in response to the assessment and/or the needs/goals expressed by the consumer. Therefore, the following basic information should be included in a Consumer Contact Note: o o o o o Use terms such as: o “Consumer reports …” o “Consumer seems…” o “I suggested…” Where did you meet? Who was present? What did you discuss? What was accomplished? What are the next steps? Subjects to be especially careful with: o Information specific to a disability o Jobs, “under the table” jobs, job loss o Income and assets o Illegal activities 17 Consumers have the right to read their file at any time. Consumer contact notes should not say things that are not true, not relevant, or not consistent with either the SOAP guidelines (above) or the specific requirements of the individual CIL. Frankness is important, but is not to be confused with unkindness. Highly personal information should be requested and recorded in a consumer contact note only if it is important for purposes of the service being requested by, considered for, or provided to the consumer. Never: Make a diagnosis (unless licensed to do so) Be judgmental Record extremely personal information Include information about other consumers Remember, appropriate consumer contact notes can protect the consumer, the CIL, and its staff. HIPAA and the CIL Centers for Independent Living are dedicated to the safe keeping of all personal information related to our consumers. To aid us in this protection, we look to the rules and regulations as outlined by the Health Insurance Portability and Accountability Act (HIPAA). According to the United Stated Department of Health and Human Services Compliance Guidelines, the standards for privacy addresses the use and disclosure of individuals’ health information called “protected health information.” A major goal of the privacy rule is to assure that individuals’ health information is properly protected while allowing the flow of health information needed to provide and promote high quality health care and to protect the public's health and wellbeing. The rule attempts to strike a balance that permits important uses of information, while protecting the privacy of people who seek care and support. What Information is Protected? The privacy rule protects all "individually identifiable health information" held by our agency or transmitted by us in any form, whether it is electronic, on paper, or in conversation. This includes many common identifiers such as name, address, birth date, and Social Security number. Further we must protect our consumers’ demographic data that relates to: the individual’s past, present or future physical or mental health or condition, the provision of health care to the individual, the past, present, or future payment for the provision of health care to the individual, and/or that identifies the individual or for which there is a reasonable basis to believe the information can be used to identify the individual. 18 What are Authorized Uses and Disclosures? There are times in the provision of services to our consumers that we need to share protected information. In order to do this, the consumer must authorize us in writing to do so. An authorization must be written in plain language, and contain specific information regarding the information to be disclosed or used, which includes the person(s) disclosing and receiving the information, expiration, and explains the individual’s right to revoke the authorization at any time. In accordance with HIPAA guidelines, the following requests require a signed release of information from the consumer: Social Security – for a benefits Determination Worker’s Compensation – for a determination in a worker’s compensation claim Family - in support of consumer’s goals Other professionals beyond the CIL – for Continuity of services Insurance companies Lawyers 19 Appendix 1 Colorado Centers for Independent Living Atlantis Community, Inc. Connections for Independent Living Patricia Ziegler, Executive Director 201 South Cherokee Denver, CO 80223 (303) 733-9324 Fax (303) 733-6211 http://www.atlantiscommunity.net patricia@atlantiscommunityinc.com Beth Danielson, Executive Director 1331 8th Avenue Greeley, CO 80631 (970) 352-8682 Fax (970) 353-8058 http://www.connectionsforindependentliving.org beth@connectionsil.com Center for Disabilities Disability Center for Independent Living Adrian Villasenor, Interim Executive Director Dr. Larry Williams, Executive Director 1304 Berkley Avenue Pueblo, CO 81004 (719) 546-1271 Fax (719) 546-1374 Also 1016 West Ave., #6 Alamosa, CO 81101 (719) 589-2224 ilcpueblo@yahoo.com 1646 Elmira Aurora, CO 80010 (303) 617-2497 http://www.dcilwebsite.org avillasenor.dcil@gmail.com Center for Independence Disabled Resource Services Linda Taylor, Executive Director 740 Gunnison Grand Junction, CO 81501 (970) 241-0315 Fax (970) 245-3341 1-800-613-2271 Also 17 North 6th St. Montrose, CO 81401 http://www.cfigj.org Ltaylor@cfigj.org Nancy Jackson, Executive Director 1017 Robertson, Unit B Fort Collins, CO 80524 (970) 482-2700 Fax (970-449-6972) Also 640 East Eisenhower Blvd. Loveland, CO 80537 (970) 667-0816 http://www.fortnet.org/drs drsnj@frii.com 20 Center for People With Disabilities Ian Engle, Executive Director 1675 Range St. Boulder, CO 80301 (303) 442-8662 Fax (303) 442-0502 Also 615 North Main Longmont, CO 80501 (303) 772—3250 Also 10351 Grant Street Thornton, CO 80229 (303) 475-1320 ian@cpwd.org http://www.cpwd-ilc.org North West Colorado Center for Independence Jackie Lyons, Executive Director P.O. Box 612, Craig, CO 81626 (mailing address) 50 College Dr. Suite 109 Craig, CO 81625 970-826-0833 (office) 970-734-8570 (c) Fax (970) 826-0832 jackie@nwcci.org. http://www.nwcci.org The Independence Center Southwest Center for Independence Patricia Yeager, CEO x 132 Dixie Herring, IL Director x 135 729 S. Tejon Colorado Springs, 80903 (719) 471-8181 Fax (719) 471-7829 Also The IC Satellite Office Aspen Mine Center 166 E. Bennett Ave. Cripple Creek, CO 80813 Martha Mason, Executive Director 835 East Second Avenue Durango, CO 81301 (970) 259-1672 Toll free 866-962-2158 Fax (970) 259-0947 director@swilc.org http://www.swilc.org Community Outreach Center 328 10th Street Calhan, CO 80808 719-347-2662 http://www.theindependencecenter.org pyeager@theindependencenter.org dherring@theindependencecenter.org 21 Appendix 2 Good to Know AAPD - American Association of People with Disabilities is the largest nonprofit cross disability member organization in the U.S. It is dedicated to ensuring economic self-sufficiency and political empowerment for the more than 45 million Americans with disabilities ADAPT - Americans with Disabilities for Attendant Programs Today focuses nationally on promoting community-based living instead of warehousing people with disabilities in institutions and nursing homes Center for Self-Determination - Offers assistance to individuals and organizations that are attempting to change their systems of support based on the self-determination principles CIL Management Suite - Provides management software for CILs Constant Contact - Email and newsletter management tool Disability History Museum - Their mission is to promote understanding about the historical experience of people with disabilities by recovering, chronicling, and interpreting their stories Disability Rights Movement Exhibit - From the Smithsonian National Museum of American History. Sections include: The Movement, Dissent, Technology, Touchable Objects, Self Definition, Mobility, The ADA, Parents Organize, Hey Kids! Disability Data Resources -- A range of information and statistics about disability. Potentially useful for grant applications and public information. The Foundation Center -- The world's leading source of information on philanthropy, fundraising, and grant programs. Grants Alert - Grantsalert.com is the free, one-stop and most up-to-date resource for grants http://www.ilr.cornell.edu/edi/disabilitystatistics/ - Disibility Statistics http://www.wnyilp.org/RRTCILM/index.html- The Western New York Independent Living Project has a “CIL Management Center” which offers publications, training materials, and other resources for CIL’s. Highly recommended. www.statedata.info - disability statistics NCIL - National Council on Independent Living is a national membership organization that advances independent living and the rights of people with disabilities through consumer-driven advocacy Groundspring.org - Internet, email, and advocacy for nonprofits Network For Good - Internet, email, and advocacy for nonprofits ILRU - Independent Living Research Utilization is a national center for information, training, research, and technical assistance on independent living IL Net - A collaborative project of the ILRU and NCIL focused on national training and technical assistance to strengthen the IL movement by supporting CIL's and SILC's directors, managers, and staff 22 NOD - National Organization on Disability provides the latest in disability related news, information, and resources Not Dead Yet - A national disability rights group which opposes the legalization of assisted suicide and euthanasia, WID - World Institute on Disability is a nonprofit research, training, and public policy center promoting the civil rights and full societal inclusion of people with disabilities 23 Appendix 3 Abbreviations and Common Phrases AAA -- Area Agency on Aging AAPD -- American Association of People with Disabilities ACCIL -- Association of Colorado Centers for Independent Living Act -- The Rehabilitation Act of 1973, as amended ADA -- Americans with Disabilities Act ADAAG -- Americans with Disabilities Act Accessibility Guidelines ADAPT -- National grassroots disability rights organization founded in Denver. Practices non-violent civil disobedience. APRIL -- Association of Programs for Rural Independent Living APS -- Adult Protective Services ASL -- American Sign Language AT -- Assistive technology AT Partners -- Colorado state agency for implementation of the Tech Act BIAC -- Brain Injury Association of Colorado CANPO -- Colorado Association of Non-Profit Organizations CAP -- Client Assistance Program. Handles disputes between consumers and VR or IL agencies. CCB -- Community Center Boards (services for the DD population) CCDC -- Colorado Cross Disability Coalition CDAS -- Consumer Directed Attendant Services CDBG -- Community Development Block Grant CIL -- A Center for Independent Living meeting the definition in Section 702 of the Act, the standards in Section 725 of the Act, and included in the state’s network of centers CILCS -- Colorado Independent Living Core Services CIL Program -- The Centers for Independent Living Program funded under Part C, Chapter 1 of title VII of the Act. CMS -- Centers for Medicare and Medicaid Services 24 Community-based living -- These living arrangements include apartments, living in privately-owned housing, self-directed assisted living, or self-directed living with family or friends. Consumer -- Any individual with a significant disability who is eligible for IL services under 34 CFR 364.40(a) and is currently receiving or has been provided with any IL service(s) under the program, other than information and referral. Core service -- IL services defined in Section 7(17) of the Act means: information and referral services; IL skills training; peer counseling (including cross-disability peer counseling); and, individual and systems advocacy. CP -- Cerebral palsy CSR -- A Consumer Service Record maintained for an eligible consumer receiving IL services and meeting the requirements of 34 CFR 364.53. In cases where IL services are provided to the parent or guardian of a consumer, the CSR is established for the consumer and the services provided are reflected in that CSR. CTAT -- Creative Training Accelerating Talent CTS -- Community Transition Services DAV -- Disabled American Veterans DBTAC -- Disability Business and Technical Assistance Center DDD -- Division for Development Disabilities DI -- De-institutionalization DME -- Durable medical equipment DOE -- Department of Education DOJ -- Department of justice DOT -- Department of Transportation DPN -- Disability Program Navigator DRCOG -- Denver Regional Council of Governments DSU -- The designated state unit, or units, identified under section 101(a)(2)(B) of the Act, authorized to jointly develop and sign, with the Statewide Independent Living Council (SILC), the State Plan for Independent Living (SPIL) under section 704 of the Act. The term includes a state agency solely designated under state law to provide IL services to individuals who are blind. In such states, the state agency for the blind may administer the provisions in the state plan related to services for individuals who are blind. In a 723 state, the DSU receiving, accounting for, and disbursing the funds for the CIL program is always the general agency. 25 DVR -- Division of Vocational Rehabilitation Earmarked Funds -- Funds appropriated by the state and expressly or clearly identified as state expenditures in the relevant fiscal year for the sole purpose of funding the general operation of CILs meeting the requirements of Sections 702 and 725 of the Act. EBD Waiver -- Elderly, Blind, Disabled Medicaid waiver program for community based services EDGAR -- Education Department General Administration Regulations 504 -- Section of the Act prohibiting discrimination – often used to describe students with disabilities who have, or want, access to mainstream classrooms. FTE -- The equivalent of one person working full-time for one year. HCBS -- Home and community based services HCPF -- Healthcare Policy and Finance HHS -- Health and Human Services IDEA -- Individuals with Disabilities Education Act IEP -- Individualized Education Plan IPE -- Individualized Plan for Employment IL -- Independent Living ILP -- An Independent Living Plan for the provision of IL services mutually agreed upon by an appropriate staff member of a service provider and an individual with significant disabilities. ILRU -- Independent Living Research and Utilization JBC -- Joint Budget Committee Long term care -- Extended need for personal assistance services MD -- Muscular Dystrophy Minority -- Alaskan Natives, American Indians, Asian Americans, Blacks (African Americans), Hispanic Americans, Native Hawaiians, and Pacific Islanders. (for the purpose of the 704 report) MS -- Multiple Sclerosis NCIL -- National Council on Independent Living NCD -- National Council on Disability NIDRR -- National Institute on Disability and Rehabilitation Research 26 NOD -- National Organization on Disability OCR -- Optical character recognition OIB -- Older Individuals who are Blind Olmstead -- A landmark Supreme Court decision upholding the ADA’s assertion that people with disabilities must be allowed the choice to live in the most integrated setting and least restrictive environment. OMB -- Office of Management and Budget OSERS -- Office of Special Education and Rehabilitation Services Part B -- IL funding described in Title VII, Part B of the Act . Federal dollars distributed by the State in accordance with State IL Rules. Part C -- IL funding described in Title VII, Part C of the Act. CILS receive Part C funds directly from the federal government PAS -- Personal Assistance Services Pass Through -- Funds that a provider receives on behalf of a consumer that are subsequently issued by the provider directly to the consumer (e.g., representative payee funds, Medicaid or state PAS funds). People first language -- Speaking with an emphasis on the person, rather than the disability. For example, instead of “blind man,” say “man who is blind.” PVA -- Paralyzed Veterans Association Region 8 --The RSA designation for the area including Colorado, Wyoming, Montana, Utah , North Dakota, South Dakota Reporting year -- The most recently completed federal fiscal project year starting October 1 and ending September 30. RSA -- The Rehabilitation Services Administration at the United States Department of Education, Office of Special Education and Rehabilitative Services. RTD -- Regional Transportation District SCI -- Spinal cord injury Section 722 State -- A state in which RSA issues grants under Part C directly to eligible agencies for the planning, establishment, and operation of CILs. Section 723 State -- A state where the DSU issues grants or assistance contracts under Part C to eligible entities for the planning, establishment, and operation of CILs. 27 Section 8 voucher -- Refers to a federally subsidized low-income housing program in which the owner of the voucher may use it to obtain rental housing in the community, as opposed to segregated “public housing.” SEP -- Senior Employment Program SEP -- Single Entry Point for determining eligibility for HCBS Service provider -- Can mean: 1) A DSU that directly provides IL services to consumers; 2) A CIL; or 3) An entity that provides IL services under a grant or contract from the DSU. SHHP -- Supported Housing and Homeless Program SILC -- The Statewide Independent Living Council established in each State as required by Section 705 of the Act. SILS -- A State Independent Living Services program funded under Part B, Chapter 1 of Title VII of the Act. SPIL -- A State Plan of Independent Living jointly developed and signed by the director of the designated state unit(s) and the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council. The plan addresses the provision of state IL services, the development and support of a statewide network of centers for independent living and the working relationships among programs providing IL services, CILs, the state VR program, and other programs providing services for individuals with disabilities SRC -- State Rehabilitation Council SSDI -- Social Security Disability Insurance SSI -- Social Security Income TABOR -- Taxpayer’s Bill of Rights TACE -- Technical Assistance and Continuing Education TBI -- Traumatic Brain Injury Tech Act -- The Assistive Technology Act of 1988 VA -- Veterans Administration Workforce Center -- Federally funded, Department of labor governed, county-managed employment services 28 Appendix 4 Cil Suite Goals Every consumer must have a goal in CIL Suite. Even if a consumer chooses to sign a waiver instead of developing an ILP, the CSR must contain a goal prior to the delivery of services. Recording a Service Each time the staff works with a consumer, or on behalf of a consumer, a note should be added to CIL Suite. Individual centers will establish which of the following elements will be included in the Record of Services: Date of service. Time spent with consumer. Staff working with consumer. Program that consumer received services from. Service (704 Service type). Goal service relates to. Brief statement of reason for service, outcome of service, and what follow-up is needed. The service note should relate to the achievement of the consumer’s IL goal(s). For example, if staff spends an hour teaching a consumer how to ride the bus, and the consumer’s only documented goal is to apply for SSDI, staff has not performed a valid (reportable) service. (See “Services and Contacts.”) Summary Each consumer must have an active and open CSR which includes the following: The CSR must reflect documentation of services in the CSR Database (CIL Suite). It is best practice for staff to record, in CIL Suite, communications they have with consumers either as they occur or in a monthly summary. Staff-to-staff conversations are considered consultations and as such are not required to be a part of the consumer’s service record. Basic Process The intake process begins for an individual the minute they contact the Center for Independent Living (CIL). Whether by phone or face to face, staff should gather as much information as possible to enter an individual into CIL Suite. The intake packet developed by the CIL must include all information needed for CIL Suite and should be filled out as completely as possible. Quick I&R’s Policy and Procedure: Every contact with individuals who are seeking information or services must be documented in CIL Suite. Centers are required to provide Information & Referral services to everyone who asks, 29 regardless of whether they have a disability. Staff must follow up with all I&R individuals who contact the CIL. This helps ensure that the services provided were useful to that individual. Definition: Quick I&R individuals come in with a brief request such as a bus card, housing packet, request for literature such as a brochure, support group information, class schedules, etc. This request may include information directly related to services facilitated through the CIL or general information such as that which is found in the CIL’s resource guide. Staff should ensure that the individual does not already exist as an I&R or consumer. Step-by-Step: 1. 2. 3. 4. Check to make sure the person is not already in the system. Click the I&R button on the top of the page. Click “Quick I&R” on the top right of the I&R page. Enter as much information as possible. a. Make sure the Requested Service is “Information and Referral Services” 5. Enter a service note. 6. Select “Log Open I&R” or “Log Closed I&R.” a. When you select “Log Open I&R” the I&R status is “Active.” b. When you select “Log Closed I&R” the status is “Other.” c. Follow the guidance of your CIL Administrator as to which option to choose. 30 I&R Policy and Procedure: Every contact with individuals who are seeking information or services must be documented in CIL Suite. Centers are required to provide Information & Referral services to everyone who asks, regardless of whether they have a disability. Staff must follow up with all I&R individuals who contact the CIL. This helps ensure that the services provided were useful to that individual. Definition: An I&R occurs when staff have had only initial contact(s) with an individual and anticipate the individual will become a consumer. Quick I&R’s are used when staff do not expect the individual to become a consumer (See “Quick I&R’s.) Until the CSR is completed, the consumer will remain in CIL Suite under the I&R status. The distinction between a Quick I&R and an I&R is that a Quick I&R individual is someone who has a short, one-time request and the staff member does not think the CIL will hear from that person again. An I&R individual is someone with a more detailed request or someone that the staff member believes will become a consumer. Staff should ensure that the individual does not already exist as an I&R or consumer. Step-by-Step: 1. 2. 3. 4. 5. 6. 7. 8. 9. Check to make sure the person is not already in the system. Click the I&R button on the top of the page. Click “Add I&R” on the top right of the I&R page. Make sure the 704 button is checked. Fill out as much information as possible When entering ethnicity and race, multiple races may be selected by holding the Control key down. Enter referral source, if known. The list of referrals is pre-populated by the Referral Contacts listings. Click “Done.” Click on the “Disabilities” tab and select “Add” on the left side of the screen. 31 10. Enter the requested information. Make sure to enter the right onset date. The default date is the consumer’s birth date. 11. Click “Save.” 12. Individuals must be contacted by CIL staff within a reasonable period of time to follow up on the information given. 32 I&R to Consumer Policy and Procedure: When an individual’s request entails services and/or programs from the CIL, then a CSR will be completed and that individual will become a consumer. Before an individual can move from I&R to Consumer status, the CSR must be complete, and that consumer must have a goal in CIL Suite. Even if a consumer chooses to sign a waiver instead of developing an ILP, the CSR must contain a goal prior to the delivery of services. Staff will need to explain the difference between having an ILP and waiving that right to the consumer. Definition: An active consumer is an individual who has a complete CSR on file and is currently receiving IL services. “Currently receiving services” means that the consumer made contact with the center during the reporting period for the purpose of a service related to a goal or goals in the CSR; therefore, each active consumer must have a goal or goals documented in the consumer’s service record. Step-by-Step: 1. Click the I&R button on the top of the page. 2. Find the individual you want to transfer and click on their name. 3. Click the “Change to Consumer” button on the top, right hand side of the demographic data screen. 33 Creating a Consumer Policy and Procedure: Individuals that are entered into CIL Suite as I&R’s should be converted to consumers when the CSR is complete. Staff may enter an individual as a consumer only if the CSR is completed at the time of the initial appointment. According to the regulations, a CSR must contain the following items, which are all included in each CIL’s intake packet: 1. 2. 3. 4. 5. 6. Intake Information Determination of Eligibility Signed ILP or Waiver Goals Grievance Acknowledgement Confidentiality Acknowledgement Information on the Client Assistance Program (CAP) must be given to the consumer. Definition: An active consumer is an individual who has a complete CSR on file and is currently receiving IL services. “Currently receiving services” means that the consumer made contact with the center during the reporting period for the purpose of a service related to a goal or goals in the CSR; therefore, each active consumer must have a goal or goals documented in the consumer’s service record. Step-by-Step: 1. Check to make sure the person is not already in the system. 2. Click the Consumer button on the top of the page. 3. Click the Add Consumer button on the top right hand side of the page. 34 4. Make sure the 704 button is checked. 5. The vast majority of the time, staff will enter “Consumer” as the Contact Type. CILs that provide services to children may enter other Contact Types as necessary. 6. The Start Date is the date the ILP was signed or waived. Staff must ensure that this date is accurate. 7. Enter contact instructions, if necessary. Contact instructions may include times the consumer may be called, whether the consumer prefers text messages to phone calls, etc. 8. Enter address instructions, if necessary. Address instructions may include directions, whether the mail must be sent in care of someone else, etc. 9. Enter a unique consumer number (may not be required by all CILs). 10. Check the Exclude from Mailing Lists box if the consumer does not wish to receive correspondence from the CIL. 11. Check Head of Household if applicable. 12. Check Editable by All Staff (may not be required by all CILs). 13. Click the Step 2 button on the bottom right hand part of the screen. 14. Enter as much information as possible on the second page. Two or more races may be selected by holding down the Control key while selecting the race. Select the contact method preferred by the consumer from the drop down list. 15. Click on the Step 3 button on the bottom right hand part of the screen. 16. Select a referral source. 17. Check either the Relocated or Continued boxes only if the consumer was able to move out of a nursing home or institution or continue to live in the community after being relocated from a nursing home or institution. Leave both boxes unchecked if neither of these situations apply. 18. Click done. 19. Click on the “Disabilities” tab and select “Add” on the left side of the screen. 20. Enter the requested information. Make sure to enter the right onset date. The default date is the consumer’s birth date. 21. Click “Save.” 35 ILP Development Step-By-Step: 1. Verify the ILP section of the intake packet is signed and all other CIL Suite entries are accurate. 2. From the consumer’s demographic page, click on the “Goals” tab toward the bottom of the screen. 3. Enter the goal type from the drop down list that best reflects the consumer’s stated goal. 4. Enter the sub-type (may not be used by all CILs). 5. Enter the Set Date as the date the consumer signed the ILP form. 6. Enter the Target Date; the date the goal will be completed. 7. Enter a Follow-up Date to set a reminder in CIL Suite, or enter the follow up reminder in another reliable program that will prompt staff to contact the consumer about progress made. 8. In the Goal Notes section, briefly state the consumer’s goal, and describe the services that will need to be in place in order to accomplish that goal. 9. In the Staff Tasks section, briefly state what tasks the staff member will accomplish according to each of the services listed. 10. In the Consumer Tasks section, briefly state what tasks the consumer will accomplish according to each of the services listed. 11. From the Services tab on the consumer demographic screen, enter each service as it is provided, making sure to indicate that the service was “received.” 12. From the “Allow Time Tracking” drop down list, select the option the CIL uses. 13. Note: to be counted on the 704 report, each consumer must have a Goal and a Service. oror 1. 2. 3. 4. 5. 6. 7. 8. 9. Click the “Services” tab toward the bottom of the consumer demographic screen. Click the “Add” link toward the bottom, left hand side of the screen. Enter the “request date” as the date the ILP was signed. Select “In Progress” on the drop down Status. Do not enter a status date. From the “Allow Time Tracking” drop down list, select the option the CIL uses. Select the appropriate service type as listed in the Goal Notes. Copy and paste the service note directly from the document the original goal notes were saved in. If more than one service was identified, click “Add Service and Copy to New.” This will prepopulate the next service entry with the data entered on the previous screen. Repeat steps --- for each service type listed in the goal notes. 10. Click “Add Service” for the last service entered. 11. Click “Back” at the bottom of the screen to return to the consumer demographic page. Goals Goal Types When writing and entering goals in CIL Suite, consider which goal type best reflects the nature of that goal. A CIL may elect to only use some of the following goal types. Self-Advocacy/Self-Empowerment – Goals involving improvement in a consumer’s ability to represent himself/herself with public and/or private entities, the ability to make key decisions involving 36 himself/herself, or the ability to organize and manage his/her own activities to achieve desired objectives. Communication – Goals involving either improvement in a consumer’s ability to understand communication by others (receptive skills), and/or improvement in a consumer’s ability to share communication with others (expressive skills). Mobility/Transportation – Goals to improve a consumer’s access to her/his life space, environment, and community. This may occur by improving the consumer’s ability to move, travel, transport himself/herself, or use public transportation. Community-Based Living – Goals that provide for a change in living situations with increased autonomy for the consumer. This may involve a consumer’s goals related to obtaining/modifying an apartment or house. Community-based living arrangements may include apartments, privately owned housing, selfdirected assisted living, or self-directed living with family/friends. Educational – Academic or training goals that are expected to improve the consumer’s knowledge or ability to perform certain skills that would expand his/her independence, productivity or incomegenerating potential. Vocational – Goals related to obtaining, maintaining, or advancing in employment. Self-Care – Goals to improve/maintain a consumer’s autonomy with respect to activities of daily living such as personal grooming and hygiene, meal preparation and nutrition, shopping, eating, and other aspects of personal health and safety. Information Access/Technology – Goals related to a consumer obtaining and/or using information necessary for the consumer’s independence and community integration. These may include use of a computer or other assistive technology, devices, or equipment, as well as developing information technology skills, such as using computer screen-reading software. Personal Resource Management – Goals related to a consumer learning to establish and maintain a personal/family budget, managing a checkbook, and/or obtaining knowledge of available direct and indirect resources related to income, housing, food, medical, and/or other benefits. Relocation from a Nursing Home or Institution – Goals related to relocation from nursing homes or other institutions to community-based living arrangements. This significant life area specifically pertains to consumers who live in a nursing home or institution, unlike the Community-Based Living life area, above, which includes any consumer regardless of his/her living situation prior to receiving IL services. Community/Social Participation – Goals related to full participation in the mainstream of American society, including the ability to participate in community events such as community fairs and government functions, attend worship services and access recreational activities and faCILities. Goal Progress Notes Policy and Procedure: CILs may opt to use goal progress notes to track progress. Goals may include a series of notations that indicate how CIL staff and the consumer are working toward an outcome. Goal progress noting accomplishes this requirement. Definition: Progress notes are entered when contact is made with a consumer related to progress toward that goal. These entries should be detailed, supporting what staff is doing to assist consumers in the completion of 37 their goals. In addition, goal progress notes should outline how a consumer is responding to this level of support and how they are tracking overall with regard to goal completion. Step by Step: 1. Click “view” to the left of a consumer goal 2. Click on “add progress note” on the bottom left of the screen. 3. Enter the note and select “save.” Goal Closure Policy and Procedure: When a consumer completes a goal, withdraws, or stops pursuing a goal, staff should record the reason as to why a goal is being closed out. Definition: Any interaction made with a consumer that yields a completed goal must be reflected in the service note area, and the status of the consumer must be changed if there are no open goals. See the “Consumer Closure” section for more information. 38 Step by Step: 1. 2. 3. 4. From the consumer’s demographic page, click on the “Goals” tab toward the bottom of the screen. Select the correct goal and click the “Edit” link to the left of the goal entry. Enter a “Complete Date.” Enter information in the “Outcome/Results” area about the Goal and why it is being closed. Services and Contacts Each time staff has contact with a consumer, a summary of that contact must be entered in CIL Suite. These entries fall into three separate areas, all of which must be accessed through the tabs at the bottom of a consumer’s demographic page. Entries should be added with the following in mind: Services Policy and Procedure: When staff enter the consumers’ goals in CIL Suite, the specific services that consumer will need are listed, in the goal, by the service type. To refer to our example, Tina’s service type was “Counseling Peer/Group/Individual,” and the service was described as follows: “To attain independent living Tina will attend 1 support group every week for three months.” To turn this description into a service, staff should copy and paste the entry into the Services area of CIL Suite, and enter it under the service category, “Counseling Peer/Group/Individual.” If new services are necessary, a new goal must also be added, or the original goal must be edited (See “ILP Entries in CIL Suite.”) Definition: All services delivered to the consumer should be documented in the Services area. All of the services identified in the ILP should be added when the staff member is entering the ILP into CIL Suite. Step by Step: 1. 2. 3. 4. 5. 6. From the consumer’s demographic page, click on the “Services” tab toward the bottom of the screen. Select the correct service and click the “View” link to the left of the entry. Click the “Add Progress Note” button on the bottom right of the screen. Enter the date the service was received, and give a brief explanation of what that service entailed. Indicate that the service was received in the drop down box. Click “Submit Progress Note.” Service Closure & Cancellation Policy and Procedure: When a service is no longer needed, staff should change the “In Progress” status of the service to “Received.” If a service was never provided, staff should change the “In Progress” status of that service to “Cancelled.” Definition: Any interaction made with a consumer that yields a completed service – that is, no other services of that service type will be provided, or no services of that type were ever provided – this must be reflected in consumer’s record. Step by Step: 39 1. From the consumer’s demographic page, click on the “Services” tab toward the bottom of the screen. 2. Select the correct goal and click the “Edit” link to the left of the service entry. 3. Choose one option from the drop down list: a. “Received” if no further services of this type will be provided, or b. “Cancelled” if no services of this type were ever provided. 4. Enter the Status Date as the date the last service was provided, or the date the service was created if no services were provided. 5. Click “Save Service.” Service Types Policy and Procedure: The CIL may elect to use all or only a few of the following services. Modify the document as necessary and write a brief outline of which services should be selected here. Definition: Service types reflect all of the services provided by the CIL, and are connected to the 704 Report. 1. Advocacy/Legal Services – Assistance and /or representation in obtaining access to benefits, services, and programs to which a consumer may be entitled. 2. Assistive Technology – Any assistive technology device, that is, any item, piece of equipment or product system that is used to increase, maintain or improve functional capabilities of individuals with disabilities and any assistive technology service that assists an individual with a disability in the selection, acquisition or use of an assistive technology device. 3. Children’s Services – The provision of specific IL services designed to serve individuals with significant disabilities under the age of 14. 4. Communication Services – Services directed to enable consumers to better communicate, such as interpreter services, training in communication equipment use, Braille instruction, and reading services. 5. Counseling and Related Services – These include information sharing, psychological services of a nonpsychiatric, non-therapeutic nature, parent-to-parent services, and related services. 6. Family Services – Services provided to the family members of an individual with a significant disability when necessary for improving the individual’s ability to live and function more independently, or ability to engage or continue in employment. Such services may include respite care. Record the service in the consumer’s CSR on behalf of whom services were provided to the family. 7. Housing, Home Modifications, and Shelter Services – These services are related to securing housing or shelter, adaptive housing services (including appropriate accommodations to and modifications of any space used to serve, or occupied by individuals with significant disabilities). Note: A CIL may not provide housing or shelter as an IL service on either a temporary or long term basis unless the housing or shelter is incidental to the overall operation of the CIL and is provided to any individual for a period not to exceed eight weeks during any six-month period. 8. IL Skills Training and Life Skill Training Services – These may include instruction to develop independent living skills in areas such as personal care, coping, financial management, social skills, and household management. This may also include education and training necessary for living in the community and participating in community activities. 9. Information and Referral Services – Identify all individuals who requested this type of assistance. This is the only service (other then services to family members) that may be provided to all individuals, whether or not the individual has a disability. Some entities record this service using strokes on an 40 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. answering pad without opening a CSR, others create a CSR or other such file for future contact and outreach. Mental Restoration Services – Psychiatric restoration services including maintenance on psychotropic medication, psychological services, and treatment management for substance abuse. Mobility Training Services – A variety of services involving assisting consumers to get around their homes and communities. Peer Counseling Services – Counseling, teaching, information sharing, and similar kinds of contact provided to consumers by other people with disabilities. Personal Assistance Services – These include, but are not limited to, assistance with personal bodily functions; communicative, household, mobility, work, emotional, cognitive, personal, and financial affairs; community participation; parenting; leisure; and other related needs. Physical Restoration Services – Restoration services including medical services, health maintenance, eyeglasses, and visual services. Preventive Services – Services intended to prevent additional disabilities, or to prevent an increase in the severity of an existing disability. Prostheses, Orthotics, and Other Appliances – Provision of, or assistance in obtaining through other sources, an adaptive device or appliance to substitute for one or more parts of the human body. Recreational Services – Provision or identification of opportunities for the involvement of consumers in meaningful leisure time activities. These may include such things as participation in community affairs and other recreation activities that may be competitive, active, or quiet. Rehabilitation Technology Services – Provision of, or assistance to obtain through other sources, adaptive modifications, such as wheelchairs and lifts, which address the barriers confronted by individuals with significant disabilities with respect to education, rehabilitation, employment, transportation, IL and/or recreation. Therapeutic Treatment – Services provided by registered occupational, physical, recreational, hearing, language, or speech therapists. Transportation Services – Provision of, or arrangements for, transportation. Youth/Transition Services – Any service that develops skills specifically designed for youth with significant disabilities between the ages of 14 and 24 to promote self-awareness and esteem, develop advocacy and self-empowerment skills, and the exploration of career options, including the transition from school to post school activities such as postsecondary education, vocational training, employment, continuing and adult education, adult services, independent living, or community participation. Vocational Services – Any services designed to achieve or maintain employment. Time Tracking Policy and Procedure: To track the amount of time staff spend delivering services to consumers, staff should allow time tracking on service entries and then note the amount of time they spent delivering each service. Definition: The Time Tracking feature in CIL Suite allows staff to enter the time spent providing a service or engaging in a community activity so that the center can follow how much time staff spend on different work tasks. This entry specifies how staff may enter time for services they provide to consumers. Step by Step: 1. When entering a service, select “Yes” from the drop down list next to “Allow Time Tracking.” 2. Save the service. 41 3. When providing a service, enter that service and then select the “Add Time Record” box in the service screen. 4. From this screen, the user will be able to tie the service to a particular program and enter the time spent on the services, as well as a note about the service provided. 5. Click “Add Hours.” 6. Contact Notes This area should be reserved for noting contact with or on behalf of a consumer that is not related to a goal or service (consumer satisfaction surveys, volunteering, attempts to contact a consumer, information received from other parties, etc.). Contact notes should be minimally utilized. Contact Notes are not Services. CIL staff should use discretion when entering contact notes to ensure that a service was not provided. Consumer Closure Once all goals have been completed, or the consumer has become inactive for any reason, consumers must be closed out in CIL Suite. Goals Completed or Withdrawn, or the Consumer has Moved or Passed Away To close out a consumer who has either completed their goals or withdrawn, click on the status tab and add new status. 42 A consumer is either active or inactive due to one of the following reasons as indicated in the status drop down tab: Withdrawn: Use this when the consumer has indicated that they no longer wish to work on their goals. Died: Use this when CIL is aware that a consumer has passed away. Moved: Use this when the consumer informs the CIL that they are moving out of the service area or mail is returned. Completed Goals: Use this when the consumer has completed their goals. CIL Suite will issue a prompt if there are still open goals or services in that consumer’s file. Please close all open goals or services when this prompt appears, making updates as appropriate in the progress notes. Consumer Disappears To close out a consumer who has disappeared and all attempts to contact them have failed, click on the status tab and add new status. A consumer is either active or inactive due to one of the following reasons as indicated in the status drop down tab: Other: Use this when attempts to contact the consumer have failed, but you have no indication and that they have moved away (no returned mail). Moved: Use this when mail has been returned and all other attempts to contact the consumer via phone and/or e-mail have failed. The CIL must send a letter to the consumer indicating that their file will be closed within 10 days if they do not contact the CIL. This letter must contain a staff signature. If the consumer does not contact the CIL within 10 days regarding new goals and services, the file will be closed. Group Events Policy and Procedure: When peer support groups or other consumer events are held by the CIL, staff must ensure that all attendees sign an attendance sheet so that attendees can be added to the event in CIL Suite. 43 Definition: The Group Events area is the place to document all consumer events, including peer support groups, parties, workshops, outings, and other events that are driven by consumers and sponsored by the CIL. Step by Step: 1. Click the Group Event tab at the top of the CIL Suite home page. 2. Click the “Add Group Event” button on the top right of the screen. 3. Attendees can be added in two ways: a. Click the tabs on the event page for a list of all consumers and I&R’s in CIL Suite and select the boxes next to the attendees’ names, OR… b. After adding the event, go to each consumer’s page, click on the tab below their demographic data that is titled “Group Events,” add a new event, and follow the prompts. 44 Community Activities Policy and Procedure: When CIL staff participate in activities in the community (meetings, community organizing events, conferences, etc.), those activities should be documented in CIL Suite. Definition: This area is the place where CILs showcase what they have done in the community. Any dialogue CIL staff has with community members, tours, meetings, conferences and other events, etc. should be documented here. This information is used both in the 704 Report and in various other places (the CILs publications, the ACCIL, etc.). Examples: The following scenarios illustrate activities that should be documented in the Community Activities section: CIL staff attends a meeting with other community agencies to establish a satellite office. CIL staff runs an information table at a conference. CIL staff organizes a meeting with local school district officials to streamline services to youth. CIL staff attends a national convention and makes many contacts with other organizations. CIL staff meets with a local group that wants to establish a new program in the community. CIL staff runs a tour of the center for representatives of a local agency. 45 Appendix 5 Independence OnLine What's Included IOnline is a feature rich program. We have included a lot of freedom and control for centers and users to adapt IOnline to their own needs. IOnline does more than other programs, by focusing on allowing centers to add to it without additional programming or cost. Many sections and reports that most centers need have been built in for you, and we also give our users the ability to expand IOnline with unlimited customized fields, unlimited reports, easy data searches, and more. Some of our features include: Consumer Sections: Choose between Intake and Casual Consumers and store all their demographic information, Case Notes, and Goals, with instant lookup. Reports: A fully usable Report Writer is included with Independence Online so that you can create your own management and funding reports. Many centers use these reports for Grants and Funding. Reports are instant and can be run anytime you want with any filter. Built-In Reports: Many of the more difficult reports you might need are already included with Independence Online. This includes the 704 Report, Quarterly Reports, OIB, and Time Management, to name just a few. Several state reports are also built in and we add more as requested, working with SILCs and other state entities to ensure data accuracy. Unlimited Custom Fields: Centers can create their own fields and data forms on each screen to expand IOnline with any information your center might need, at no additional cost. Unlimited Users & Security: Create as many user accounts as you want. Thorough security permissions give you the control over the accounts. You will be secure with your staff and data. 46 Freedom and Control: IOnline gives you the freedom and control to manage your own center: Create unlimited custom fields Require fields to be used Disable fields you don't wish to be used Instantly build reports on anything you put in the program And so many other options! Equipment/Inventory/Housing Tracking: A section to manage, and report on, any form of loan, donation, or placement system. Resources Available: Our resource rolodex allows you to save and instantly look up what organizations in your community provide services. Time Management: Each section of Independence Online allows users to enter information on time spent. Support: Available support to help you with any questions you might have or to work with you on your reports. 47 Appendix 6 Title VII--Independent Living Services And Centers For Independent Living Chapter 1--Individuals with Significant Disabilities Part A--General Provisions Sec. 701. Purpose The purpose of this chapter is to promote a philosophy of independent living, including a philosophy of consumer control, peer support, self-help, self-determination, equal access, and individual and system advocacy, in order to maximize the leadership, empowerment, independence, and productivity of individuals with disabilities, and the integration and full inclusion of individuals with disabilities into the mainstream of American society, by-(1) providing financial assistance to States for providing, expanding, and improving the provision of independent living services; (2) providing financial assistance to develop and support statewide networks of centers for independent living; and (3) providing financial assistance to States for improving working relationships among State independent living rehabilitation service programs, centers for independent living, Statewide Independent Living Councils established under section 705, State vocational rehabilitation programs receiving assistance under title I, State programs of supported employment services receiving assistance under part B of title VI, client assistance programs receiving assistance under section 112, programs funded under other titles of this Act, programs funded under other Federal law, and programs funded through non-Federal sources. Sec. 702. Definitions As used in this chapter: (1) Center for independent living The term "center for independent living" means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency that-(A) is designed and operated within a local community by individuals with disabilities; and (B) provides an array of independent living services. (2) Consumer control 48 The term "consumer control" means, with respect to a center for independent living, that the center vests power and authority in individuals with disabilities. Sec. 703. Eligibility for Receipt of Services Services may be provided under this chapter to any individual with a significant disability, as defined in section 7(21)(B). Sec. 704. State Plan (a) In General (1) Requirement To be eligible to receive financial assistance under this chapter, a State shall submit to the Commissioner, and obtain approval of, a State plan containing such provisions as the Commissioner may require, including, at a minimum, the provisions required in this section. (2) Joint development The plan under paragraph (1) shall be jointly developed and signed by-(A) the director of the designated State unit; and (B) the chairperson of the Statewide Independent Living Council, acting on behalf of and at the direction of the Council. (3) Periodic review and revision The plan shall provide for the review and revision of the plan, not less than once every 3 years, to ensure the existence of appropriate planning, financial support and coordination, and other assistance to appropriately address, on a statewide and comprehensive basis, needs in the State for-(A) the provision of State independent living services; (B) the development and support of a statewide network of centers for independent living; and (C) working relationships between-(i) programs providing independent living services and independent living centers; and (ii) the vocational rehabilitation program established under title I, and other programs providing services for individuals with disabilities. (4) Date of submission 49 The State shall submit the plan to the Commissioner 90 days before the completion date of the preceding plan. If a State fails to submit such a plan that complies with the requirements of this section, the Commissioner may withhold financial assistance under this chapter until such time as the State submits such a plan. (b) Statewide Independent Living Council The plan shall provide for the establishment of a Statewide Independent Living Council in accordance with section 705. (c) Designation of State Unit The plan shall designate the designated State unit of such State as the agency that, on behalf of the State, shall-(1) receive, account for, and disburse funds received by the State under this chapter based on the plan; (2) provide administrative support services for a program under part B, and a program under part C in a case in which the program is administered by the State under section 723; (3) keep such records and afford such access to such records as the Commissioner finds to be necessary with respect to the programs; and (4) submit such additional information or provide such assurances as the Commissioner may require with respect to the programs. (d) Objectives The plan shall-(1) specify the objectives to be achieved under the plan and establish timelines for the achievement of the objectives; and (2) explain how such objectives are consistent with and further the purpose of this chapter. (e) Independent Living Services The plan shall provide that the State will provide independent living services under this chapter to individuals with significant disabilities, and will provide the services to such an individual in accordance with an independent living plan mutually agreed upon by an appropriate staff member of the service provider and the individual, unless the individual signs a waiver stating that such a plan is unnecessary. (f) Scope and Arrangements The plan shall describe the extent and scope of independent living services to be provided under this chapter to meet such objectives. If the State makes arrangements, by grant or contract, for providing such services, such arrangements shall be described in the plan. (g) Network 50 The plan shall set forth a design for the establishment of a statewide network of centers for independent living that comply with the standards and assurances set forth in section 725. (h) Centers In States in which State funding for centers for independent living equals or exceeds the amount of funds allotted to the State under part C, as provided in section 723, the plan shall include policies, practices, and procedures governing the awarding of grants to centers for independent living and oversight of such centers consistent with section 723. (i) Cooperation, Coordination, and Working Relationships Among Various Entities The plan shall set forth the steps that will be taken to maximize the cooperation, coordination, and working relationships among-(1) the independent living rehabilitation service program, the Statewide Independent Living Council, and centers for independent living; and (2) the designated State unit, other State agencies represented on such Council, other councils that address the needs of specific disability populations and issues, and other public and private entities determined to be appropriate by the Council. (j) Coordination of Services The plan shall describe how services funded under this chapter will be coordinated with, and complement, other services, in order to avoid unnecessary duplication with other Federal, State, and local programs. (k) Coordination Between Federal and State Sources The plan shall describe efforts to coordinate Federal and State funding for centers for independent living and independent living services. (l) Outreach With respect to services and centers funded under this chapter, the plan shall set forth steps to be taken regarding outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations. (m) Requirements The plan shall provide satisfactory assurances that all recipients of financial assistance under this chapter will-(1) notify all individuals seeking or receiving services under this chapter about the availability of the client assistance program under section 112, the purposes of the services provided under such program, and how to contact such program; 51 (2) take affirmative action to employ and advance in employment qualified individuals with disabilities on the same terms and conditions required with respect to the employment of such individuals under the provisions of section 503; (3) adopt such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursement of and accounting for funds paid to the State under this chapter; (4)(A) maintain records that fully disclose-(i) the amount and disposition by such recipient of the proceeds of such financial assistance; (ii) the total cost of the project or undertaking in connection with which such financial assistance is given or used; and (iii) the amount of that portion of the cost of the project or undertaking supplied by other sources; (B) maintain such other records as the Commissioner determines to be appropriate to facilitate an effective audit; (C) afford such access to records maintained under subparagraphs (A) and (B) as the Commissioner determines to be appropriate; and (D) submit such reports with respect to such records as the Commissioner determines to be appropriate; (5) provide access to the Commissioner and the Comptroller General or any of their duly authorized representatives, for the purpose of conducting audits and examinations, of any books, documents, papers, and records of the recipients that are pertinent to the financial assistance received under this chapter; and (6) provide for public hearings regarding the contents of the plan during both the formulation and review of the plan. (n) Evaluation The plan shall establish a method for the periodic evaluation of the effectiveness of the plan in meeting the objectives established in subsection (d), including evaluation of satisfaction by individuals with disabilities. Sec. 705. Statewide Independent Living Council (a) Establishment To be eligible to receive financial assistance under this chapter, each State shall establish a Statewide Independent Living Council (referred to in this section as the "Council"). The Council shall not be established as an entity within a State agency. (b) Composition and Appointment (1) Appointment 52 Members of the Council shall be appointed by the Governor or, in the case of a State that, under State law, vests authority for the administration of the activities carried out under this Act in an entity other than the Governor (such as one or more houses of the State legislature or an independent board), the chief officer of that entity. The appointing authority shall select members after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities. (2) Composition The Council shall include-(A) at least one director of a center for independent living chosen by the directors of centers for independent living within the State; (B) as ex officio, nonvoting members-(i) a representative from the designated State unit; and (ii) representatives from other State agencies that provide services for individuals with disabilities; and (C) in a State in which 1 or more projects are carried out under section 121, at least 1 representative of the directors of the projects. (3) Additional members The Council may include-(A) other representatives from centers for independent living; (B) parents and 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. (4) Qualifications (A) In general The Council shall be composed of members-(i) who provide statewide representation; (ii) who represent a broad range of individuals with disabilities from diverse backgrounds; 53 (iii) who are knowledgeable about centers for independent living and independent living services; and (iv) a majority of whom are persons who are-(I) individuals with disabilities described in section 7(20)(B); and (II) not employed by any State agency or center for independent living. (B) Voting members A majority of the voting members of the Council shall be-(i) individuals with disabilities described in section 7(20)(B); and (ii) not employed by any State agency or center for independent living. (5) Chairperson (A) In general Except as provided in subparagraph (B), the Council shall select a chairperson from among the voting membership of the Council. (B) Designation by chief executive officer In States in which the Governor does not have veto power pursuant to State law, the appointing authority described in paragraph (1) shall designate a voting member of the Council to serve as the chairperson of the Council or shall require the Council to so designate such a voting member. (6) Terms of appointment (A) Length of term Each member of the Council shall serve for a term of 3 years, except that-(i) a member appointed to fill a vacancy occurring prior to the expiration of the term for which a predecessor was appointed, shall be appointed for the remainder of such term; and (ii) the terms of service of the members initially appointed shall be (as specified by the appointing authority described in paragraph (1)) for such fewer number of years as will provide for the expiration of terms on a staggered basis. (B) Number of terms No member of the Council may serve more than two consecutive full terms. (7) Vacancies (A) In general 54 Except as provided in subparagraph (B), any vacancy occurring in the membership of the Council shall be filled in the same manner as the original appointment. The vacancy shall not affect the power of the remaining members to execute the duties of the Council. (B) Delegation The appointing authority described in paragraph (1) may delegate the authority to fill such a vacancy to the remaining voting members of the Council after making the original appointment. (c) Duties The Council shall-(1) jointly develop and sign (in conjunction with the designated State unit) the State plan required in section 704; (2) monitor, review, and evaluate the implementation of the State plan; (3) coordinate activities with the State Rehabilitation Council established under section 105, if the State has such a Council, or the commission described in section 101(a)(21)(A), if the State has such a commission, 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 Statewide Independent Living Council are open to the public and sufficient advance notice is provided; and (5) submit to the Commissioner such periodic reports as the Commissioner may reasonably request, and keep such records, and afford such access to such records, as the Commissioner finds necessary to verify such reports. (d) Hearings and Forums The Council is authorized to hold such hearings and forums as the Council may determine to be necessary to carry out the duties of the Council. (e) Plan (1) In general The Council shall prepare, in conjunction with the designated State unit, a plan for the provision of such resources, including such staff and personnel, as may be necessary and sufficient to carry out the functions of the Council under this section, with funds made available under this chapter, and under section 110 (consistent with section 101(a)(18)), and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the plan. (2) Supervision and evaluation Each Council shall, consistent with State law, supervise and evaluate such staff and other personnel as may be necessary to carry out the functions of the Council under this section. 55 (3) Conflict of interest While assisting the Council in carrying out its duties, staff and other personnel shall not be assigned duties by the designated State agency or any other agency or office of the State, that would create a conflict of interest. (f) Compensation and Expenses The Council may use such resources to reimburse members of the Council for reasonable and necessary expenses of attending Council meetings and performing Council duties (including child care and personal assistance services), and to pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties. Sec. 706. Responsibilities of the Commissioner (a) Approval of State Plans (1) In general The Commissioner shall approve any State plan submitted under section 704 that the Commissioner determines meets the requirements of section 704, and shall disapprove any such plan that does not meet such requirements, as soon as practicable after receiving the plan. Prior to such disapproval, the Commissioner shall notify the State of the intention to disapprove the plan, and shall afford such State reasonable notice and opportunity for a hearing. (2) Procedures (A) In general Except as provided in subparagraph (B), the provisions of subsections (c) and (d) of section 107 shall apply to any State plan submitted to the Commissioner under section 704. (B) Application For purposes of the application described in subparagraph (A), all references in such provisions-(i) to the Secretary shall be deemed to be references to the Commissioner; and (ii) to section 101 shall be deemed to be references to section 704. (b) Indicators Not later than October 1, 1993, the Commissioner shall develop and publish in the Federal Register indicators of minimum compliance consistent with the standards set forth in section 725. (c) Onsite Compliance Reviews (1) Reviews 56 The Commissioner shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funds under section 722 and shall periodically conduct such a review of each such center. The Commissioner shall annually conduct onsite compliance reviews of at least one-third of the designated State units that receive funding under section 723, and, to the extent necessary to determine the compliance of such a State unit with subsections (f) and (g) of section 723, centers that receive funding under section 723 in such State. The Commissioner shall select the centers and State units described in this paragraph for review on a random basis. (2) Qualifications of employees conducting reviews The Commissioner shall-(A) to the maximum extent practicable, carry out such a review by using employees of the Department who are knowledgeable about the provision of independent living services; (B) ensure that the employee of the Department with responsibility for supervising such a review shall have such knowledge; and (C) ensure that at least one member of a team conducting such a review shall be an individual who-(i) is not a government employee; and (ii) has experience in the operation of centers for independent living. (d) Reports The Commissioner shall include, in the annual report required under section 13, information on the extent to which centers for independent living receiving funds under part C have complied with the standards and assurances set forth in section 725. The Commissioner may identify individual centers for independent living in the analysis. The Commissioner shall report the results of onsite compliance reviews, identifying individual centers for independent living and other recipients of assistance under this chapter. Part B--Independent Living Services Sec. 711. Allotments (a) In General (1) States (A) Population basis Except as provided in subparagraphs (B) and (C), from sums appropriated for each fiscal year to carry out this part, the Commissioner shall make an allotment to each State whose State plan has been approved under section 706 of an amount bearing the same ratio to such sums as the population of the State bears to the population of all States. 57 (B) Maintenance of 1992 amounts Subject to the availability of appropriations to carry out this part, the amount of any allotment made under subparagraph (A) to a State for a fiscal year shall not be less than the amount of an allotment made to the State for fiscal year 1992 under part A of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. (C) Minimums Subject to the availability of appropriations to carry out this part, and except as provided in subparagraph (B), the allotment to any State under subparagraph (A) shall be not less than $275,000 or one-third of one percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $275,000 or one-third of one percent of such sums shall be increased to the greater of the two amounts. (2) Certain territories (A) In general For the purposes of paragraph (1)(C), Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States. (B) Allotment Each jurisdiction described in subparagraph (A) shall be allotted under paragraph (1)(A) not less than one-eighth of one percent of the amounts made available for purposes of this part for the fiscal year for which the allotment is made. (3) Adjustment for inflation For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year, the Commissioner shall increase the minimum allotment under paragraph (1)(C) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this part between the preceding fiscal year and the fiscal year involved. (b) Proportional Reduction To provide allotments to States in accordance with subsection (a)(1)(B), to provide minimum allotments to States (as increased under subsection (a)(3)) under subsection (a)(1)(C), or to provide minimum allotments to States under subsection (a)(2)(B), the Commissioner shall proportionately reduce the allotments of the remaining States under subsection (a)(1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by subsection (a)(1)(B). (c) Reallotment 58 Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State in carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year. Sec. 712. Payments to States from Allotments (a) Payments From the allotment of each State for a fiscal year under section 711, the State shall be paid the Federal share of the expenditures incurred during such year under its State plan approved under section 706. Such payments may be made (after necessary adjustments on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions as the Commissioner may determine. (b) Federal Share (1) In general The Federal share with respect to any State for any fiscal year shall be 90 percent of the expenditures incurred by the State during such year under its State plan approved under section 706. (2) Non-federal share The non-Federal share of the cost of any project that receives assistance through an allotment under this part may be provided in cash or in kind, fairly evaluated, including plant, equipment, or services. Sec. 713. Authorized Uses of Funds The State may use funds received under this part to provide the resources described in section 705(e), relating to the Statewide Independent Living Council, and may use funds received under this part-(1) to provide independent living services to individuals with significant disabilities; (2) to demonstrate ways to expand and improve independent living services; (3) to support the operation of centers for independent living that are in compliance with the standards and assurances set forth in subsections (b) and (c) of section 725; (4) to support activities to increase the capacities of public or nonprofit agencies and organizations and other entities to develop comprehensive approaches or systems for providing independent living services; 59 (5) to conduct studies and analyses, gather information, develop model policies and procedures, and present information, approaches, strategies, findings, conclusions, and recommendations to Federal, State, and local policymakers in order to enhance independent living services for individuals with disabilities; (6) to train individuals with disabilities and individuals providing services to individuals with disabilities and other persons regarding the independent living philosophy; and (7) to provide outreach to populations that are unserved or underserved by programs under this title, including minority groups and urban and rural populations. Sec. 714. Authorization of Appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 1999 through 2003. Part C--Centers for Independent Living Sec. 721. Program Authorization (a) In General From the funds appropriated for fiscal year 1999 and for each subsequent fiscal year to carry out this part, the Commissioner shall allot such sums as may be necessary to States and other entities in accordance with subsections (b) through (d). (b) Training (1) Grants; contracts; other arrangements For any fiscal year in which the funds appropriated to carry out this part exceed the funds appropriated to carry out this part for fiscal year 1993, the Commissioner shall first reserve from such excess, to provide training and technical assistance to eligible agencies, centers for independent living, and Statewide Independent Living Councils for such fiscal year, not less than 1.8 percent, and not more than 2 percent, of the funds appropriated to carry out this part for the fiscal year involved. (2) Allocation From the funds reserved under paragraph (1), the Commissioner shall make grants to, and enter into contracts and other arrangements with, entities that have experience in the operation of centers for independent living to provide such training and technical assistance with respect to planning, developing, conducting, administering, and evaluating centers for independent living. (3) Funding priorities The Commissioner shall conduct a survey of Statewide Independent Living Councils and centers for independent living regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, and other arrangements. 60 (4) Review To be eligible to receive a grant or enter into a contract or other arrangement under this subsection, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of grant applications by panels that include persons who are not government employees and who have experience in the operation of centers for independent living. (5) Prohibition on combined funds No funds reserved by the Commissioner under this subsection may be combined with funds appropriated under any other Act or part of this Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this chapter are separately identified in such grant or payment and are used for the purposes of this chapter. (c) In General (1) States (A) Population basis After the reservation required by subsection (b) has been made, and except as provided in subparagraphs (B) and (C), from the remainder of the amounts appropriated for each such fiscal year to carry out this part, the Commissioner shall make an allotment to each State whose State plan has been approved under section 706 of an amount bearing the same ratio to such remainder as the population of the State bears to the population of all States. (B) Maintenance of 1992 amounts Subject to the availability of appropriations to carry out this part, the amount of any allotment made under subparagraph (A) to a State for a fiscal year shall not be less than the amount of financial assistance received by centers for independent living in the State for fiscal year 1992 under part B of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. (C) Minimums Subject to the availability of appropriations to carry out this part and except as provided in subparagraph (B), for a fiscal year in which the amounts appropriated to carry out this part exceed the amounts appropriated for fiscal year 1992 to carry out part B of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992-(i) if such excess is not less than $8,000,000, the allotment to any State under subparagraph (A) shall be not less than $450,000 or one-third of one percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $450,000 or one-third of one percent of such sums shall be increased to the greater of the two amounts; 61 (ii) if such excess is not less than $4,000,000 and is less than $8,000,000, the allotment to any State under subparagraph (A) shall be not less than $400,000 or one-third of one percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $400,000 or one-third of one percent of such sums shall be increased to the greater of the two amounts; and (iii) if such excess is less than $4,000,000, the allotment to any State under subparagraph (A) shall approach, as nearly as possible, the greater of the two amounts described in clause (ii). (2) Certain territories (A) In general For the purposes of paragraph (1)(C), Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands shall not be considered to be States. (B) Allotment Each jurisdiction described in subparagraph (A) shall be allotted under paragraph (1)(A) not less than one-eighth of one percent of the remainder for the fiscal year for which the allotment is made. (3) Adjustment for inflation For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this part exceeds the total amount appropriated to carry out this part for the preceding fiscal year, the Commissioner shall increase the minimum allotment under paragraph (1)(C) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this part between the preceding fiscal year and the fiscal year involved. (4) Proportional reduction To provide allotments to States in accordance with paragraph (1)(B), to provide minimum allotments to States (as increased under paragraph (3)) under paragraph (1)(C), or to provide minimum allotments to States under paragraph (2)(B), the Commissioner shall proportionately reduce the allotments of the remaining States under paragraph (1)(A), with such adjustments as may be necessary to prevent the allotment of any such remaining State from being reduced to less than the amount required by paragraph (1)(B). (d) Reallotment Whenever the Commissioner determines that any amount of an allotment to a State for any fiscal year will not be expended by such State for carrying out the provisions of this part, the Commissioner shall make such amount available for carrying out the provisions of this part to one or more of the States that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a State for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the State (as determined under the preceding provisions of this section) for such year. 62 Sec. 722. Grants to Centers for Independent Living in States in Which Federal Funding Exceeds State Funding (a) Establishment (1) In general Unless the director of a designated State unit awards grants under section 723 to eligible agencies in a State for a fiscal year, the Commissioner shall award grants under this section to such eligible agencies for such fiscal year from the amount of funds allotted to the State under subsection (c) or (d) of section 721 for such year. (2) Grants The Commissioner shall award such grants, from the amount of funds so allotted, to such eligible agencies for the planning, conduct, administration, and evaluation of centers for independent living that comply with the standards and assurances set forth in section 725. (b) Eligible Agencies In any State in which the Commissioner has approved the State plan required by section 704, the Commissioner may make a grant under this section to any eligible agency that-(1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 725 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; (2) is determined by the Commissioner to be able to plan, conduct, administer, and evaluate a center for independent living consistent with the standards and assurances set forth in section 725; and (3) submits an application to the Commissioner at such time, in such manner, and containing such information as the Commissioner may require. (c) Existing Eligible Agencies In the administration of the provisions of this section, the Commissioner shall award grants to any eligible agency that has been awarded a grant under this part by September 30, 1997, unless the Commissioner makes a finding that the agency involved fails to meet program and fiscal standards and assurances set forth in section 725. (d) New Centers for Independent Living (1) In general If there is no center for independent living serving a region of the State or a region is underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the 63 State, the Commissioner may award a grant under this section to the most qualified applicant proposing to serve such region, consistent with the provisions in the State plan setting forth the design of the State for establishing a statewide network of centers for independent living. (2) Selection In selecting from among applicants for a grant under this section for a new center for independent living, the Commissioner-(A) shall consider comments regarding the application, if any, by the Statewide Independent Living Council in the State in which the applicant is located; (B) shall consider the ability of each such applicant to operate a center for independent living based on-(i) evidence of the need for such a center; (ii) any past performance of such applicant in providing services comparable to independent living services; (iii) the plan for satisfying or demonstrated success in satisfying the standards and the assurances set forth in section 725; (iv) the quality of key personnel and the involvement of individuals with significant disabilities; (v) budgets and cost-effectiveness; (vi) an evaluation plan; and (vii) the ability of such applicant to carry out the plans; and (C) shall give priority to applications from applicants proposing to serve geographic areas within each State that are currently unserved or underserved by independent living programs, consistent with the provisions of the State plan submitted under section 704 regarding establishment of a statewide network of centers for independent living. (3) Current centers Notwithstanding paragraphs (1) and (2), a center for independent living that receives assistance under part B for a fiscal year shall be eligible for a grant for the subsequent fiscal year under this subsection. (e) Order of Priorities The Commissioner shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, to the extent funds are available: (1) The Commissioner shall support existing centers for independent living, as described in subsection (c), that comply with the standards and assurances set forth in section 725, at the level of funding for the previous year. (2) The Commissioner shall provide for a cost-of-living increase for such existing centers for independent living. 64 (3) The Commissioner shall fund new centers for independent living, as described in subsection (d), that comply with the standards and assurances set forth in section 725. (f) Nonresidential Agencies A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an eligible agency under this section. (g) Review (1) In general The Commissioner shall periodically review each center receiving funds under this section to determine whether such center is in compliance with the standards and assurances set forth in section 725. If the Commissioner determines that any center receiving funds under this section is not in compliance with the standards and assurances set forth in section 725, the Commissioner shall immediately notify such center that it is out of compliance. (2) Enforcement The Commissioner shall terminate all funds under this section to such center 90 days after the date of such notification unless the center submits a plan to achieve compliance within 90 days of such notification and such plan is approved by the Commissioner. Sec. 723. Grants to Centers for Independent Living in States in Which State Funding Equals or Exceeds Federal Funding (a) Establishment (1) In general (A) Initial year (i) Determination The director of a designated State unit, as provided in paragraph (2), or the Commissioner, as provided in paragraph (3), shall award grants under this section for an initial fiscal year if the Commissioner determines that the amount of State funds that were earmarked by a State for a preceding fiscal year to support the general operation of centers for independent living meeting the requirements of this part equaled or exceeded the amount of funds allotted to the State under subsection (c) or (d) of section 721 for such year. (ii) Grants The director or the Commissioner, as appropriate, shall award such grants, from the amount of funds so allotted for the initial fiscal year, to eligible agencies in the State for the planning, conduct, administration, and 65 evaluation of centers for independent living that comply with the standards and assurances set forth in section 725. (iii) Regulation The Commissioner shall by regulation specify the preceding fiscal year with respect to which the Commissioner will make the determinations described in clause (i) and subparagraph (B), making such adjustments as may be necessary to accommodate State funding cycles such as 2-year funding cycles or State fiscal years that do not coincide with the Federal fiscal year. (B) Subsequent years For each year subsequent to the initial fiscal year described in subparagraph (A), the director of the designated State unit shall continue to have the authority to award such grants under this section if the Commissioner determines that the State continues to earmark the amount of State funds described in subparagraph (A)(i). If the State does not continue to earmark such an amount for a fiscal year, the State shall be ineligible to make grants under this section after a final year following such fiscal year, as defined in accordance with regulations established by the Commissioner, and for each subsequent fiscal year. (2) Grants by designated state units In order for the designated State unit to be eligible to award the grants described in paragraph (1) and carry out this section for a fiscal year with respect to a State, the designated State agency shall submit an application to the Commissioner at such time, and in such manner as the Commissioner may require, including information about the amount of State funds described in paragraph (1) for the preceding fiscal year. If the Commissioner makes a determination described in subparagraph (A)(i) or (B), as appropriate, of paragraph (1), the Commissioner shall approve the application and designate the director of the designated State unit to award the grant and carry out this section. (3) Grants by commissioner If the designated State agency of a State described in paragraph (1) does not submit and obtain approval of an application under paragraph (2), the Commissioner shall award the grant described in paragraph (1) to eligible agencies in the State in accordance with section 722. (b) Eligible Agencies In any State in which the Commissioner has approved the State plan required by section 704, the director of the designated State unit may award a grant under this section to any eligible agency that-(1) has the power and authority to carry out the purpose of this part and perform the functions set forth in section 725 within a community and to receive and administer funds under this part, funds and contributions from private or public sources that may be used in support of a center for independent living, and funds from other public and private programs; 66 (2) is determined by the director to be able to plan, conduct, administer, and evaluate a center for independent living, consistent with the standards and assurances set forth in section 725; and (3) submits an application to the director at such time, in such manner, and containing such information as the head of the designated State unit may require. (c) Existing Eligible Agencies In the administration of the provisions of this section, the director of the designated State unit shall award grants under this section to any eligible agency that has been awarded a grant under this part by September 30, 1997, unless the director makes a finding that the agency involved fails to comply with the standards and assurances set forth in section 725. (d) New Centers for Independent Living (1) In general If there is no center for independent living serving a region of the State or the region is unserved or underserved, and the increase in the allotment of the State is sufficient to support an additional center for independent living in the State, the director of the designated State unit may award a grant under this section from among eligible agencies, consistent with the provisions of the State plan under section 704 setting forth the design of the State for establishing a statewide network of centers for independent living. (2) Selection In selecting from among eligible agencies in awarding a grant under this part for a new center for independent living-(A) the director of the designated State unit and the chairperson of, or other individual designated by, the Statewide Independent Living Council acting on behalf of and at the direction of the Council, shall jointly appoint a peer review committee that shall rank applications in accordance with the standards and assurances set forth in section 725 and criteria jointly established by such director and such chairperson or individual; (B) the peer review committee shall consider the ability of each such applicant to operate a center for independent living, and shall recommend an applicant to receive a grant under this section, based on-(i) evidence of the need for a center for independent living, consistent with the State plan; (ii) any past performance of such applicant in providing services comparable to independent living services; (iii) the plan for complying with, or demonstrated success in complying with, the standards and the assurances set forth in section 725; (iv) the quality of key personnel of the applicant and the involvement of individuals with significant disabilities by the applicant; (v) the budgets and cost-effectiveness of the applicant; 67 (vi) the evaluation plan of the applicant; and (vii) the ability of such applicant to carry out the plans; and (C) the director of the designated State unit shall award the grant on the basis of the recommendations of the peer review committee if the actions of the committee are consistent with Federal and State law. (3) Current centers Notwithstanding paragraphs (1) and (2), a center for independent living that receives assistance under part B for a fiscal year shall be eligible for a grant for the subsequent fiscal year under this subsection. (e) Order of Priorities Unless the director of the designated State unit and the chairperson of the Council or other individual designated by the Council acting on behalf of and at the direction of the Council jointly agree on another order of priority, the director shall be guided by the following order of priorities in allocating funds among centers for independent living within a State, to the extent funds are available: (1) The director of the designated State unit shall support existing centers for independent living, as described in subsection (c), that comply with the standards and assurances set forth in section 725, at the level of funding for the previous year. (2) The director of the designated State unit shall provide for a cost-of-living increase for such existing centers for independent living. (3) The director of the designated State unit shall fund new centers for independent living, as described in subsection (d), that comply with the standards and assurances set forth in section 725. (f) Nonresidential Agencies A center that provides or manages residential housing after October 1, 1994, shall not be considered to be an eligible agency under this section. (g) Review (1) In general The director of the designated State unit shall periodically review each center receiving funds under this section to determine whether such center is in compliance with the standards and assurances set forth in section 725. If the director of the designated State unit determines that any center receiving funds under this section is not in compliance with the standards and assurances set forth in section 725, the director of the designated State unit shall immediately notify such center that it is out of compliance. (2) Enforcement 68 The director of the designated State unit shall terminate all funds under this section to such center 90 days after-(A) the date of such notification; or (B) in the case of a center that requests an appeal under subsection (i), the date of any final decision under subsection (i), unless the center submits a plan to achieve compliance within 90 days and such plan is approved by the director, or if appealed, by the Commissioner. (h) Onsite Compliance Review The director of the designated State unit shall annually conduct onsite compliance reviews of at least 15 percent of the centers for independent living that receive funding under this section in the State. Each team that conducts onsite compliance review of centers for independent living shall include at least one person who is not an employee of the designated State agency, who has experience in the operation of centers for independent living, and who is jointly selected by the director of the designated State unit and the chairperson of or other individual designated by the Council acting on behalf of and at the direction of the Council. A copy of this review shall be provided to the Commissioner. (i) Adverse Actions If the director of the designated State unit proposes to take a significant adverse action against a center for independent living, the center may seek mediation and conciliation to be provided by an individual or individuals who are free of conflicts of interest identified by the chairperson of or other individual designated by the Council. If the issue is not resolved through the mediation and conciliation, the center may appeal the proposed adverse action to the Commissioner for a final decision. Sec. 724. Centers Operated by State Agencies A State that receives assistance for fiscal year 1993 with respect to a center in accordance with subsection (a) of this section (as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1998) may continue to receive assistance under this part for fiscal year 1994 or a succeeding fiscal year if, for such fiscal year-(1) no nonprofit private agency-(A) submits an acceptable application to operate a center for independent living for the fiscal year before a date specified by the Commissioner; and (B) obtains approval of the application under section 722 or 723; or (2) after funding all applications so submitted and approved, the Commissioner determines that funds remain available to provide such assistance. 69 Sec. 725. Standards and Assurances for Centers for Independent Living (a) In General Each center for independent living that receives assistance under this part shall comply with the standards set out in subsection (b) and provide and comply with the assurances set out in subsection (c) in order to ensure that all programs and activities under this part are planned, conducted, administered, and evaluated in a manner consistent with the purposes of this chapter and the objective of providing assistance effectively and efficiently. (b) Standards (1) Philosophy The center shall promote and practice the independent living philosophy of-(A) consumer control of the center regarding decisionmaking, service delivery, management, and establishment of the policy and direction of the center; (B) self-help and self-advocacy; (C) development of peer relationships and peer role models; and (D) equal access of individuals with significant disabilities to society and to all services, programs, activities, resources, and facilities, whether public or private and regardless of the funding source. (2) Provision of services The center shall provide services to individuals with a range of significant disabilities. The center shall provide services on a cross-disability basis (for individuals with all different types of significant disabilities, including individuals with significant disabilities who are members of populations that are unserved or underserved by programs under this title). Eligibility for services at any center for independent living shall be determined by the center, and shall not be based on the presence of any one or more specific significant disabilities. (3) Independent living goals The center shall facilitate the development and achievement of independent living goals selected by individuals with significant disabilities who seek such assistance by the center. (4) Community options The center shall work to increase the availability and improve the quality of community options for independent living in order to facilitate the development and achievement of independent living goals by individuals with significant disabilities. (5) Independent living core services 70 The center shall provide independent living core services and, as appropriate, a combination of any other independent living services. (6) Activities to increase community capacity The center shall conduct activities to increase the capacity of communities within the service area of the center to meet the needs of individuals with significant disabilities. (7) Resource development activities The center shall conduct resource development activities to obtain funding from sources other than this chapter. (c) Assurances The eligible agency shall provide at such time and in such manner as the Commissioner may require, such satisfactory assurances as the Commissioner may require, including satisfactory assurances that-(1) the applicant is an eligible agency; (2) the center will be designed and operated within local communities by individuals with disabilities, including an assurance that the center will have a Board that is the principal governing body of the center and a majority of which shall be composed of individuals with significant disabilities; (3) the applicant will comply with the standards set forth in subsection (b); (4) the applicant will establish clear priorities through annual and 3-year program and financial planning objectives for the center, including overall goals or a mission for the center, a work plan for achieving the goals or mission, specific objectives, service priorities, and types of services to be provided, and a description that shall demonstrate how the proposed activities of the applicant are consistent with the most recent 3-year State plan under section 704; (5) the applicant will use sound organizational and personnel assignment practices, including taking affirmative action to employ and advance in employment qualified individuals with significant disabilities on the same terms and conditions required with respect to the employment of individuals with disabilities under section 503; (6) the applicant will ensure that the majority of the staff, and individuals in decisionmaking positions, of the applicant are individuals with disabilities; (7) the applicant will practice sound fiscal management; (8) the applicant will conduct annual self-evaluations, prepare an annual report, and maintain records adequate to measure performance with respect to the standards, containing information regarding, at a minimum-(A) the extent to which the center is in compliance with the standards; (B) the number and types of individuals with significant disabilities receiving services through the center; 71 (C) the types of services provided through the center and the number of individuals with significant disabilities receiving each type of service; (D) the sources and amounts of funding for the operation of the center; (E) the number of individuals with significant disabilities who are employed by, and the number who are in management and decisionmaking positions in, the center; and (F) a comparison, when appropriate, of the activities of the center in prior years with the activities of the center in the most recent year; (9) individuals with significant disabilities who are seeking or receiving services at the center will be notified by the center of the existence of, the availability of, and how to contact, the client assistance program; (10) aggressive outreach regarding services provided through the center will be conducted in an effort to reach populations of individuals with significant disabilities that are unserved or underserved by programs under this title, especially minority groups and urban and rural populations; (11) staff at centers for independent living will receive training on how to serve such unserved and underserved populations, including minority groups and urban and rural populations; (12) the center will submit to the Statewide Independent Living Council a copy of its approved grant application and the annual report required under paragraph (8); (13) the center will prepare and submit a report to the designated State unit or the Commissioner, as the case may be, at the end of each fiscal year that contains the information described in paragraph (8) and information regarding the extent to which the center is in compliance with the standards set forth in subsection (b); and (14) an independent living plan described in section 704(e) will be developed unless the individual who would receive services under the plan signs a waiver stating that such a plan is unnecessary. Sec. 726. Definitions As used in this part, the term "eligible agency" means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency. Sec. 727. Authorization of Appropriations There are authorized to be appropriated to carry out this part such sums as may be necessary for each of the fiscal years 1999 through 2003. Chapter 2--Independent Living Services for Older Individuals Who are Blind Sec. 751. Definition 72 For purposes of this chapter, the term "older individual who is blind" means an individual age 55 or older whose significant visual impairment makes competitive employment extremely difficult to attain but for whom independent living goals are feasible. Sec. 752. Program of Grants (a) In General (1) Authority for grants Subject to subsections (b) and (c), the Commissioner may make grants to States for the purpose of providing the services described in subsection (d) to older individuals who are blind. (2) Designated state agency The Commissioner may not make a grant under subsection (a) unless the State involved agrees that the grant will be administered solely by the agency described in section 101(a)(2)(A)(i). (b) Contingent Competitive Grants Beginning with fiscal year 1993, in the case of any fiscal year for which the amount appropriated under section 753 is less than $13,000,000, grants made under subsection (a) shall be-(1) discretionary grants made on a competitive basis to States; or (2) grants made on a noncompetitive basis to pay for the continuation costs of activities for which a grant was awarded-(A) under this chapter; or (B) under part C, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. (c) Contingent Formula Grants (1) In general In the case of any fiscal year for which the amount appropriated under section 753 is equal to or greater than $13,000,000, grants under subsection (a) shall be made only to States and shall be made only from allotments under paragraph (2). (2) Allotments For grants under subsection (a) for a fiscal year described in paragraph (1), the Commissioner shall make an allotment to each State in an amount determined in accordance with subsection (j), and shall make a grant to the State of the allotment made for the State if the State submits to the Commissioner an application in accordance with subsection (i). 73 (d) Services Generally The Commissioner may not make a grant under subsection (a) unless the State involved agrees that the grant will be expended only for purposes of-(1) providing independent living services to older individuals who are blind; (2) conducting activities that will improve or expand services for such individuals; and (3) conducting activities to help improve public understanding of the problems of such individuals. (e) Independent Living Services Independent living services for purposes of subsection (d)(1) include-(1) services to help correct blindness, such as-(A) outreach services; (B) visual screening; (C) surgical or therapeutic treatment to prevent, correct, or modify disabling eye conditions; and (D) hospitalization related to such services; (2) the provision of eyeglasses and other visual aids; (3) the provision of services and equipment to assist an older individual who is blind to become more mobile and more self-sufficient; (4) mobility training, braille instruction, and other services and equipment to help an older individual who is blind adjust to blindness; (5) guide services, reader services, and transportation; (6) any other appropriate service designed to assist an older individual who is blind in coping with daily living activities, including supportive services and rehabilitation teaching services; (7) independent living skills training, information and referral services, peer counseling, and individual advocacy training; and (8) other independent living services. (f) Matching Funds (1) In general The Commissioner may not make a grant under subsection (a) unless the State involved agrees, with respect to the costs of the program to be carried out by the State pursuant to such subsection, to make available (directly 74 or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than $1 for each $9 of Federal funds provided in the grant. (2) Determination of amount contributed Non-Federal contributions required in paragraph (1) may be in cash or in kind, fairly evaluated, including plant, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such nonFederal contributions. (g) Certain Expenditures of Grants A State may expend a grant under subsection (a) to carry out the purposes specified in subsection (d) through grants to public and nonprofit private agencies or organizations. (h) Requirement Regarding State Plan The Commissioner may not make a grant under subsection (a) unless the State involved agrees that, in carrying out subsection (d)(1), the State will seek to incorporate into the State plan under section 704 any new methods and approaches relating to independent living services for older individuals who are blind. (i) Application for Grant (1) In general The Commissioner may not make a grant under subsection (a) unless an application for the grant is submitted to the Commissioner and the application is in such form, is made in such manner, and contains such agreements, assurances, and information as the Commissioner determines to be necessary to carry out this section (including agreements, assurances, and information with respect to any grants under subsection (j)(4)). (2) Contents An application for a grant under this section shall contain-(A) an assurance that the agency described in subsection (a)(2) will prepare and submit to the Commissioner a report, at the end of each fiscal year, with respect to each project or program the agency operates or administers under this section, whether directly or through a grant or contract, which report shall contain, at a minimum, information on-(i) the number and types of older individuals who are blind and are receiving services; (ii) the types of services provided and the number of older individuals who are blind and are receiving each type of service; (iii) the sources and amounts of funding for the operation of each project or program; (iv) the amounts and percentages of resources committed to each type of service provided; 75 (v) data on actions taken to employ, and advance in employment, qualified individuals with significant disabilities, including older individuals who are blind; and (vi) a comparison, if appropriate, of prior year activities with the activities of the most recent year; (B) an assurance that the agency will-(i) provide services that contribute to the maintenance of, or the increased independence of, older individuals who are blind; and (ii) engage in-(I) capacity-building activities, including collaboration with other agencies and organizations; (II) activities to promote community awareness, involvement, and assistance; and (III) outreach efforts; and (C) an assurance that the application is consistent with the State plan for providing independent living services required by section 704. (j) Amount of Formula Grant (1) In general Subject to the availability of appropriations, the amount of an allotment under subsection (a) for a State for a fiscal year shall be the greater of-(A) the amount determined under paragraph (2); or (B) the amount determined under paragraph (3). (2) Minimum allotment (A) States In the case of the several States, the District of Columbia, and the Commonwealth of Puerto Rico, the amount referred to in subparagraph (A) of paragraph (1) for a fiscal year is the greater of-(i) $225,000; or (ii) an amount equal to one-third of one percent of the amount appropriated under section 753 for the fiscal year and available for allotments under subsection (a). (B) Certain territories In the case of Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, the amount referred to in subparagraph (A) of paragraph (1) for a fiscal year is $40,000. 76 (3) Formula The amount referred to in subparagraph (B) of paragraph (1) for a State for a fiscal year is the product of-(A) the amount appropriated under section 753 and available for allotments under subsection (a); and (B) a percentage equal to the quotient of-(i) an amount equal to the number of individuals residing in the State who are not less than 55 years of age; divided by (ii) an amount equal to the number of individuals residing in the United States who are not less than 55 years of age. (4) Disposition of certain amounts (A) Grants From the amounts specified in subparagraph (B), the Commissioner may make grants to States whose population of older individuals who are blind has a substantial need for the services specified in subsection (d) relative to the populations in other States of older individuals who are blind. (B) Amounts The amounts referred to in subparagraph (A) are any amounts that are not paid to States under subsection (a) as a result of-(i) the failure of any State to submit an application under subsection (i); (ii) the failure of any State to prepare within a reasonable period of time such application in compliance with such subsection; or (iii) any State informing the Commissioner that the State does not intend to expend the full amount of the allotment made for the State under subsection (a). (C) Conditions The Commissioner may not make a grant under subparagraph (A) unless the State involved agrees that the grant is subject to the same conditions as grants made under subsection (a). Sec. 753. Authorization of Appropriations There are authorized to be appropriated to carry out this chapter such sums as may be necessary for each of the fiscal years 1999 through 2003. 77