A community organization considering a partnership needs to know whether it is dealing with a service provider or the entity administering funds. HHS's October 27, 2016 independent-living rule helps make that distinction. Section 1329.4 defines a Center for Independent Living as a consumer-controlled, community-based, cross-disability, nonresidential private nonprofit agency, designed and operated locally by individuals with disabilities. [2016-25918]

The same section gives the designated State entity a different role: it is the State agency identified in the State Plan for Independent Living to perform the specified statutory functions. The definition of service provider includes centers receiving the relevant assistance and other entities or individuals serving under a grant or contract from that State entity. Direct service delivery by the State entity requires specific authorization in the State plan. [2016-25918]

That separation fits the administrative history. In November 2015, HHS proposed consolidating regulations after the transfer of Independent Living Services and Centers for Independent Living from Education. The final October 2016 rule implemented changes within the Administration for Community Living, effective November 28. A change in federal administrative home was not, by itself, a new local provider or an open procurement opportunity. [2016-25918][2015-28888]

Our practical reading is that a prospective partner should identify the service function and the applicable State-plan relationship before treating an agency name as a route to a contract. The documents explain a system; they do not establish available contracts, competitive prices or universal service access. Both sources come from one HHS rulemaking chain, so their agreement on administrative purpose is not independent evidence that partnerships became easier. [2016-25918][2015-28888]

Source documents

  1. Independent Living Services and Centers for Independent Livinghttps://www.govinfo.gov/content/pkg/FR-2016-10-27/html/2016-25918.htm
  2. Independent Living Services and Centers for Independent Livinghttps://www.govinfo.gov/content/pkg/FR-2015-11-16/html/2015-28888.htm