Equipment acquired under public assistance programs--HHS. Final rule

This rule revises and consolidates current HHS regulations concerning Federal financial participation in the cost of equipment under HHS supported public assistance programs. The rule also revises and consolidates current regulations on the management and disposition of equipment under these programs. The rule would permit State public assistance agencies to claim the cost of most of their equipment acquired at the time of purchase rather than depreciating the equipment over its useful life as required by the current regulations. This change would allow these agencies to claim Federal financial participation in the cost of the equipment at an earlier date than under the current regulations and would simplify the accounting requirements associated with the equipment.     

Medicare and Medicaid programs; surety bond and capitalization requirements for home health agencies--HCFA. Final rule with comment period

The Balanced Budget Act of 1997-(BBA '97) requires each home health agency (HHA) to secure a surety bond in order to participate in the Medicare and Medicaid programs. This requirement applies to all participating Medicare and Medicaid HHAs, regardless of the date their participation began. This final rule with comment period requires that each HHA participating in Medicare must obtain from an acceptable authorized Surety a surety bond that is the greater of $50,000 or 15 percent of the annual amount paid to the HHA by the Medicare program, as reflected in the HHA's most recently accepted cost report. The BBA '97 also requires that provider agreements be amended to incorporate the surety bond requirement; this rule deems such agreements to be amended accordingly. The BBA '97 prohibits payment to a State for home health services under Medicaid unless the HHA has furnished the State with a surety bond that meets Medicare requirements. This final rule with comment period requires that, in order to participate in Medicaid, each HHA must obtain from an acceptable authorized Surety, a surety bond that is the greater of $50,000 or 15 percent of the annual Medicaid payments made to the HHA by the Medicaid agency for home health services for which Federal Financial Participation (FFP) is available. In addition to the surety bond requirement, an HHA entering the Medicare or Medicaid program on or after January 1, 1998 must demonstrate that it actually has available sufficient capital to start and operate the HHA for the first 3 months. Undercapitalized providers represent a threat to the quality of patient care.     

和谐社会视角下的城市新型社区居民参与问题研究

本文依据和谐社会建设对城市新型社区建设的要求，分析了城市新型社区居民参与的形式、参与的途径及存在的主要问题，对和谐社会视角下城市新型社区居民参与问题提出了一些对策与建议。提出培育和增强居民参与社区建设的意识、培育和发展社区自治组织、扩展居民参与渠道、实现监督方式的多样化是实现真正意义上社区自治的有效途径。     

Participation in the National Practitioner Data Bank--Department of Veterans Affairs. Final rule

This rule sets forth the policy of the Department of Veterans Affairs (VA) for participation in the National Practitioner Data Bank (Data Bank). VA will request information from the Data Bank concerning physicians, dentists and other health care practitioners who provide or seek to provide health care services at VA facilities and will also report information to the Data Bank regarding malpractice payments and adverse clinical privileges actions. The intended effect of this policy is to participate in the Data Bank for the purpose of promoting better health care at VA and non-VA health care facilities.     

Disclosure of children's free and reduced price meals and free milk eligibility information in the child nutrition programs. Final rule

This final rule establishes requirements for the disclosure of children's free and reduced price meals or free milk eligibility information under the Child Nutrition Programs. The Child Nutrition Programs include the National School Lunch Program, School Breakfast Program, Special Milk Program, Summer Food Service Program, and Child and Adult Care Food Program. Within certain limitations, children's free and reduced price meal or free milk eligibility information may be disclosed, without parental/guardian consent, to persons directly connected to certain education programs, health programs, means-tested nutrition programs, the Comptroller General of the United States, and some law enforcement officials. Additionally, officials also may disclose children's free and reduced price meal or free milk eligibility information to persons directly connected with State Medicaid (Medicaid) and the State Children's Health Insurance Program (SCHIP) when parents/guardians do not decline to have their information disclosed. These regulations affect State agencies and local program operators that administer the Child Nutrition Programs and households which apply for and/or are approved for free and reduced price meals or free milk. The final rule reflects the disclosure provisions of the Healthy Meals for Healthy Americans Act of 1994 and comments received on the proposed rule published in anticipation of implementing those provisions. Additionally, this final rule includes the regulatory disclosure provisions implementing the Agricultural Risk Protection Act of 2000 and comments received on the interim rule issued to implement those provisions. This final rule also implements nondiscretionary provisions of the Child Nutrition and WIC Reauthorization Act of 2004, allowing certain third party contractors access to children's eligibility status and will allow school officials to communicate with Medicaid and SCHIP officials to verify that children are eligible for free and reduced price school meals or free milk. The disclosure provisions are intended to reduce paperwork for administrators of certain programs that target low-income households and for low-income households which may benefit from those programs by allowing some sharing of household's free and reduced price meal eligibility information. This rule also includes several technical amendments.     

EMPOWERMENT,INNOVATION, AND SERVICE: LAW SCHOOL PROGRAMS PROVIDE ACCESS TO JUSTICE AND INSTILL A COMMITMENT TO SERVE

Law schools around the country seek to fill the legal needs of their communities in ways that are both innovative and mutually beneficial to clients and students. This article describes five pro bono and clinical programs, at the University of Richmond School of Law, The Earle Mack School of Law at Drexel University, Catholic University Columbus School of Law, the Thomas Jefferson School of Law, and Vermont Law School, where law students, under the supervision of law professors or community professionals, provide assistance or legal representation to underserved and often marginalized populations needing help with family law problems, including parents accused of abuse and neglect, youth aging out of foster care, homeless families, survivors of domestic violence, homeless veterans with addiction problems, and female prisoners. To develop their programs, the five law schools from the outset collaborated with partners in the community, and they continue to do so as their programs expand and evolve. In addition to helping and empowering clients, these law schools are providing experiential learning opportunities that are transformative for their students. The authors hope that these programs will be instructive for law schools, other academic institutions, the legal community, and community organizations in developing creative collaborations to ensure better access to justice.     

Participation of the Public in the Prevention and Control of Crime and Delinquency

[Editor's Note] No criminologist today would deny the importance of public participation in crime control. Public involvement—through the family, neighborhood, schools, private businesses and public agencies—are potential assets in curbing rising crime and delinquency rates. In this article the basic concerns are two in nature: 1) how to best utilize community resources, including meaningful participation of citizens; and, 2) how public and community organizations can effectively participate in preventing, treating and controlling offenders on parole or probation. In all these endeavors, public support—moral, financial and otherwise are necessary for success.

What is more important is to achieve the most salutary form of public participation, and to obtain the most beneficial balance between local participation and the actions of many government agencies involved. Not all pure local participation is at all times positive, as is illustrated by the actions of a lynch mob. It is also true that the closer one is to local institutions, the more difficult it is to achieve any degree of impartiality. On the other hand, highly centralized judicial and law enforcement structure often tends to be arbitrary and impersonal. This balance although essential, is difficult to achieve. The community agency (welfare boards, citizen's groups, parole boards), independent of the judicial and law enforcement institutions, plays an increasing role in enlightened public participation. Other important factors include education for crime prevention and reporting of offenses, and the relative closeness individuals feel toward their local groups (family, clan, school, neighborhood), as well as the efficiency of the police and judicial organs. No effective public participation in crime control programs can be achieved when there is a wide divergence between the value systems of local and national groups, and when there are great differences of opinions as to exactly what the public can do to prevent crime.

Broadly speaking, there are four ways in which community groups can participate in crime prevention: 1) political support for social defense programs; 2) public co-operation with social defense programs; 3) delegation to community groups of elements of social defense programs; and 4) provision by community groups of autonomous social defense programs.

Much more work must be done to collect reliable data and make significant critical analyses and evaluations of the myriad ways of public participation in crime prevention throughout the world. [Source: “Participation of the Public in the Prevention and Control of Crime and Delinquency,” Fourth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (Tokyo, Japan, 17–26 August 1970)]     

Faith-based efforts to improve prisoner reentry: Assessing the logic and evidence

Prisoner reentry constitutes one of the central criminal justice challenges confronting U.S. society. Coinciding with this emerging social problem has been increased policymaker interest in faith-based programs to improve outcomes for vulnerable populations, including released prisoners. Critical questions about the nature and effects of faith-based reentry programs remain largely unaddressed, however: (1) What is a “faith-based” program? (2) How does or could such a program reduce recidivism and improve other behavioral outcomes among released offenders? (3) What is the evidence concerning the impacts of faith-based reentry programs? (4) What are critical implementation issues that may affect the operations and impacts of such programs? This article examines each of these questions and identifies critical conceptual, theoretical, and research gaps in the literature. It highlights that the term “faith-based” is used inconsistently, that the precise causal relationship, if any, between various measures of faith and crime remains in question, and that few rigorous evaluations of faith-based reentry programs exist. It then discusses recommendations for improving knowledge and practice.     

Avoiding the emperor’s prophecy: a case for the primacy of emergency management in criminal justice and human security studies

Recent events have illustrated the reciprocal nature of the relationship between emergency management actors and law enforcement agencies. Emergency management and disaster studies, as fields of practice and academic scholarship are inherently interdisciplinary. Primary among the fields impacting their development is criminal justice. This relationship is confirmed as criminal justice departments continue to include specialized Homeland Security curriculum. However, even as universities and colleges around the country are integrating emergency management into traditional criminal justice programs, there remain gaps in recognition of the unique practical skills and perspectives disaster scholars bring to criminal justice programs. In many ways, disaster scholarship complements existing law enforcement-focused programs by expanding the breadth of what is considered public or community safety. During each phase of the disaster management cycle (preparedness, response, recovery, and mitigation), emergency management research highlights the assistance of volunteer community disaster response organizations that are utilized to assist victims and survivors, and to distribute necessary aid and information. This essay provides a discussion of the linkages between emergency management, disaster studies, and criminal justice, and supports a call for a broadened, integrative approach to human security that fully recognizes the role of each.     

Medicare and Medicaid programs; hospital conditions of participation: requirements for history and physical examinations; authentication of verbal orders; securing medications; and postanesthesia evaluations. Final rule

In this rule, we finalize changes to four of the current requirements (or conditions of participation (CoPs)) that hospitals must meet to participate in the Medicare and Medicaid programs. Specifically, this final rule revises and updates our CoP requirements for: Completion of the history and physical examination in the medical staff and the medical record services CoPs; authentication of verbal orders in the nursing service and the medical record services CoPs; securing medications in the pharmaceutical services CoP; and completion of the postanesthesia evaluation in the anesthesia services CoP. We also respond to timely public comments submitted on the proposed rule published in the March 25, 2005 Federal Register (70 FR 15266). The changes specified in this final rule are consistent with current medical practice and will reduce the regulatory burden on hospitals.     

Medicare+Choice program; collection of user fees from Medicare+Choice plans and risk-sharing contractors--HCFA. Interim final rule with request for comments

This interim final rule with a request for comments establishes the methodology that will be employed to assess fees applicable to Medicare risk-sharing contractors for fiscal year (FY) 1998. Under section 4002 of the Balanced Budget Act of 1997, these contractors must contribute their pro rata share of costs relating to beneficiary enrollment, dissemination of information, and certain counseling and assistance programs. The Medicare+Choice regulation to be published in June of 1998 will implement this requirement for Medicare+Choice plans.     

Medicare and Medicaid programs: hospice conditions of participation. Final rule

This final rule revises the existing conditions of participation that hospices must meet to participate in the Medicare and Medicaid programs. The final conditions address the comments that we received on the proposed rule published on May 27, 2005. This final rule focuses on the care delivered to patients and their families by hospices and the outcome of that care. The final requirements continue to reflect the unique interdisciplinary view of patient care and allow hospices flexibility in meeting quality standards. These changes are an integral part of the Administration's efforts to achieve broad based improvements in the quality of health care and our efforts to improve the quality of care furnished through the Medicare and Medicaid programs.     

Medicare and Medicaid programs; religious nonmedical health care institutions and advance directives. Health Care Financing Administration (HCFA), HHS. Interim final rule with comment period

This rule deletes all references to Christian Science sanatoria and sets forth the Medicare requirements for coverage and payment of services furnished by religious nonmedical health care institutions. It also sets forth the conditions of participation that religious nonmedical health care institutions must meet before they can participate in Medicare. It sets forth the methods we will use to pay religious nonmedical health care institutions and monitor expenditures for religious nonmedical health care institution services. Additionally, the rule presents the rules governing optional coverage of religious nonmedical health care institution services by States under the Medicaid program.     

Medicare and Medicaid programs; hospital standard for potentially HIV infectious blood and blood products--HCFA. Final rule

This final rule requires hospitals participating in the Medicare and Medicaid programs to take appropriate action when the hospitals learn that they have received whole blood, blood components (including recovered plasma), source plasma, and source leukocytes (hereafter referred to as blood or blood products) that are at increased risk of transmitting Human Immunodeficiency Virus (HIV) infection. If the hospital learns that it has received blood or blood products collected from a donor recently exposed to HIV, before the donor has a sufficient level of antibody to be detected by the screening test for antibody to HIV, the hospital must quarantine any blood or blood products remaining in inventory pending confirmation testing. If the presence of HIV is confirmed by more specific testing, the hospital must notify patients who received the blood or blood product. This final rule is intended to ensure that proper health and safety steps are taken to minimize further spread of HIV infection. A final rule published elsewhere in this Federal Register by the Food and Drug Administration applies the same requirements to entities furnishing transfusion services that do not participate in the Medicare and Medicaid programs and clarifies the responsibilities of blood establishments to identify and notify the transfusion service that received affected blood and blood products.     

Cooperation in USDA studies and evaluations, and full use of federal funds in nutrition assistance programs nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010, Public Law 111-296. Final Rule

This final rule incorporates into the regulations governing the Programs authorized under the Richard B. Russell National School Lunch Act (NSLA) and the Child Nutrition Act of 1966 (CNA) two nondiscretionary provisions of the Healthy, Hunger-Free Kids Act of 2010 (HHFK Act). The HHFK Act requires State and local cooperation in Department of Agriculture studies and evaluations related to Programs authorized under the NSLA and the CNA. The HHFK Act also amends the NSLA to stipulate that Federal funds must not be subject to State budget restrictions or limitations, including hiring freezes, work furloughs, and travel restrictions. This final rule amends regulations for the National School Lunch Program; the Special Milk Program for Children; the School Breakfast Program; the Summer Food Service Program; the Child and Adult Care Food Program; State Administrative Expense Funds ; the Special Supplemental Nutrition Program for Women, Infants and Children; and the WIC Farmers' Market Nutrition Program. These provisions will strengthen program integrity by ensuring that sufficient data is made available for studies and evaluations. Additionally, exempting Federal funds from State budgetary restrictions or limitations is intended to increase the ability of State agencies to administer USDA's nutrition assistance programs effectively.     

Community care as a penal sanction

Conclusion The community participation model, which rests on the philosophy of reintegration, is an important trend in recent penal policy. The sentence of community care in New Zealand is an illustration of that trend. However, there are lessons to be learned from the past four years. Clearly, the model has its practical limits. The extent to which the community wishes to participate in the provision of penal services is undoubtedly overstated by its proponents; as a result, community involvement is unlikely to be forthcoming unless the government provides adequate funding to groups and individuals providing such services to offenders. Even then, a gap is likely to remain between the rhetoric and the reality of community participation. The majority of the community care programs are bureaucratically organized, professionally staffed, and undertaken within the context of structured thera peutic regimes. They thus fall well short of the ideal of spontaneous, neighborly concern, which is such a strong part of the Western ideology of community. While some programs, particularly cultural programs offered by ethnic minority groups, have involved comparatively noninstitutional and informal relationships between sponsor and offender, these are few in number and have made little impact so far on the way in which the criminal justice system deals with offenders from ethnic minority groups. In sum, there is little to distinguish the majority of programs from conventional attempts at rehabilitation. Although higher levels of funding and more vigorous community development efforts by probation officers may stimulate community involvement, the New Zealand experience suggests that, at least in cultures without established processes of informal care and control, the community participation model will not be the new panacea in penal policy.This is a revised and expanded version of a paper given at the second conference of the Society for the Reform of Criminal Law, Parliament Buildings, Ottawa, Canada, August 1–4, 1988.B.A., University of Auckland 1971; LL.B. (hons.) University of Auckland 1973; Ph.D., Cambridge University 1978.     

Cost allocation plans for public assistance programs--Health and Human Services Department. Interim final rule with comment period

This rule revises existing regulations concerning the preparation, submission and approval of State agency cost allocation plans used in computing claims for Federal Financial Participation under public assistance programs. It also reflects the transfer of responsibility for review and approval of the plans to the Division of Cost Allocation (DCA) in the Department's regional offices. This responsibility was previously assigned to the Social and Rehabilitation Service which was abolished by Secretarial Order published on March 9, 1977 (42 FR 13262). The current rule has been rewritten so that it is clearer, easier to understand and more specific. The Department's Informal Grant Appeals regulation relative to cost allocation plans and indirect cost rates (45 CFR Part 75) is also being updated and revised to make it consistent with Supart E, Cost allocation plans, of 45 CFR Part 95, General administration--grant programs (public assistance and medical assistance). Although these regulations are final, the Department has decided to invite public comments for the reasons described in the Supplementary Information below. Comments may be submitted in the manner described below. If changes are needed as a result of the comments received, those changes will be published in the Federal Register along with the comments received and the Department's responses to those comments.     

Department of Health and Human Services--Grants and subgrants to for-profit organizations. Proposed rules

This rule proposed to remove regulatory bars to grants to for-profit organizations under three HHS grant programs in which the for-profit organizations are not barred by statute from receiving grants. It also proposes (1) to make HHS's Department-wide grants administration regulations, 45 CFR Part 74, apply automatically to grants and subgrants to for-profit organizations and (2) to add to those regulations additional provisions for grants and subgrants to for-profit organizations. These actions reflect a reversal of the Department's generally policy of not making for-profit organizations eligible for grants in those few programs where they are not statutorily barred from receiving grants.     

Semiformal Organizations and Control During the COVID-19 Crisis in China

Scholars often compare China and Western societies in terms of dichotomous forms of control—formal and informal. Recent research indicates a nuanced form of social control—semiformal. Using a survey data collected during the 2020 COVID-19 pandemic in China, this study investigated the prevalence and importance of semiformal organizations, formal organizations, and informal groups participating in social control and social service and the predictors of the perceived importance of these three forms of social control mechanisms. Findings from this study revealed that formal organizations, the semiformal organizations, and informal groups all participated in community control and service. Semiformal organizations had the highest level of participation. This study found that education and age are the two major predictors of the views on the importance of formal, informal, and semiformal control and control mechanisms.