Consumer Control Means That The Residents Are In Charge
When my independent living facility shut off my garden water service and sprinklers they made a monster out of me. I have been kissing everyone’s ass around here when it turns out that I am in control. Imagine my extreme delight to find out that I am actually in control of my residence. It is as if I exist and have rights after all. An independent living facility is subject to consumer control pursuant to federal law.
29 U.S. Code § 796a. Definitions U.S. Code
As used in this part:
(2) Center for independent living
The term “center for independent living” means a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency for individuals with significant disabilities (regardless of age or income) that—(A)is designed and operated within a local community by individuals with disabilities; and
(B) provides an array of independent living services, including, at a minimum, independent living core services as defined in section 705(17) of this title.
(3) Consumer control
The term “consumer control” means, with respect to a center for independent living, that the center vests power and authority in individuals with disabilities, in terms of the management, staffing, decision making, operation, and provisions of services, of the center.
Consumer Control Freak Keith
This is as big as changing my name to Keith. This means that the Masonic Home at Covina is controlled by the residents. I am a resident of MHC. Therefore I am in control. Building maintenance is controlled by me. That means that the gardening and sprinklers are also controlled by me.
If anybody wants to shut off the water they have to ask me for permission. The Masonic Home at Covina is controlled by me. I must be careful not to go power mad with my new found consumer control.
California State Regulation of Continuing Care Retirement Communities
HEALTH AND SAFETY CODE – HSC
DIVISION 2. LICENSING PROVISIONS [1200 – 1797.8]
( Division 2 enacted by Stats. 1939, Ch. 60. )
CHAPTER 10. Continuing Care Contracts [1770 – 1793.91]
( Chapter 10 repealed and added by Stats. 1990, Ch. 875, Sec. 2. )
ARTICLE 1. General Provisions [1770 – 1778]
(11) “Control” means directing or causing the direction of the financial management or the policies of another entity, including an operator of a continuing care retirement community, whether by means of the controlling entity’s ownership interest, contract, or any other involvement. A parent entity or sole member of an entity controls a subsidiary entity provider for a continuing care retirement community if its officers, directors, or agents directly participate in the management of the subsidiary entity or in the initiation or approval of policies that affect the continuing care retirement community’s operations, including, but not limited to, approving budgets or the administrator for a continuing care retirement community.
29 U.S. Code Authorizes State Independent Living Centers
29 U.S. Code § 796c. State plan
. . . (c) Designation of State entity
The plan shall designate a State entity of such State (referred to in this subchapter as the “designated State entity”) as the agency that, on behalf of the State, shall—
(1) receive, account for, and disburse funds received by the State under this part based on the plan;
(2) provide administrative support services for a program under subpart 2, and a program under subpart 3 in a case in which the program is administered by the State under section 796f–2 of this title;
(3) keep such records and afford such access to such records as the Administrator finds to be necessary with respect to the programs;
(4) submit such additional information or provide such assurances as the Administrator may require with respect to the programs; and
(5) retain not more than 5 percent of the funds received by the State for any fiscal year under subpart 2, for the performance of the services outlined in paragraphs (1) through (4).
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 part.
(e) Independent living services
The plan shall provide that the State will provide independent living services under this part 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 part 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.
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 796f–4 of this title.
In States in which State funding for centers for independent living equals or exceeds the amount of funds allotted to the State under subpart 3, as provided in section 796f–2 of this title, 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 796f–2 of this title.
(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 Statewide Independent Living Council;
(2 )centers for independent living;
(3) the designated State entity; and
(4) other State agencies or entities represented on the Council, other councils that address the needs and issues of specific disability populations, 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 part 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.
With respect to services and centers funded under this part, the plan shall set forth steps to be taken regarding outreach to populations that are unserved or underserved by programs under this subchapter, including minority groups and urban and rural populations.
The plan shall provide satisfactory assurances that all recipients of financial assistance under this part will—(1)notify all individuals seeking or receiving services under this part about the availability of the client assistance program under section 732 of this title, the purposes of the services provided under such program, and how to contact such program;