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sufficient funds will be available to meet the non

Federal share of the cost of purchase of the facility, (iii) sufficient funds will be available, when pur

chase is completed, for effective use of the facility for the purpose for which it is being purchased, and

(iv) the facility will not be used and is not intended to be used for sectarian instruction or as a place for religious worship;

"(B) the plan contains or is supported by reasonable assurances that there are no existing facilities in the community suitable for leasing as a multipurpose senior center;

"(C) the plans and specifications for the facility are in accordance with regulations relating to minimum standards of construction, promulgated

with particular emphasis on securing compliance

with the requirements of the Act of August 12,

1968, commonly known as the Architectural Bar

riers Act of 1968; and

"(D) the plan contains or is supported by adequate assurance that any laborer or mechanic employed by any contractor or subcontractors in the performance of work on the facility will be

paid wages at rates not less than those prevailing for similar work in their locality as determined

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by the Secretary of Labor in accordance with the

Act of March 3, 1931 (40 U.S.C. 276a-276a

(5); commonly known as the Davis-Bacon Act),

and the Secretary of Labor shall have, with respect to the labor standards specified in this paragraph,

the authority and functions set forth in Reorganiza

tion Plan Numbered 14 of 1950 (15 F.R. 3176; 64

Stat. 1267), and section 2 of the Act of June 13, 1934 (40 U.S.C. 276c); and

"(E) the plan contains assurances that the State agency will consult with the Secretary of

Housing and Urban Development with respect to

the technical adequacy of any proposed alteration or renovation;

"(10) provide that with respect to legal services under subpart 1 of part E that

"(A) the State agency will provide for the development and coordination of the furnishing of

legal services to older persons within the State, and provide advice and technical assistance in the

provision of legal services to older persons within the State and support the furnishing of training and technical assistance for legal services for older persons;

"(B) the plan contains assurances that area

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agencies on aging will enter into contracts with recipients under the Legal Services Corporation Act in the area served by such area agency or with

other providers or agencies which can demonstrate the experience or capacity to deliver legal services

in a satisfactory manner, for the furnishing of

legal services to older persons with the greatest economic and social need;

"(C) the plan contains assurances that no legal services will be furnished to older persons already

receiving legal services assistance pursuant to the Legal Services Corporation Act; and

"(D) the plan contains assurances, to the extent practicable, that legal services furnished pur

suant to the plan will be in addition to any legal

services for older persons being furnished with funds from sources other than this Act and that

reasonable efforts will be made to maintain existing levels of legal services for older persons;

"(11) provide that with respect to ombudsman

services under subpart 2 of part E that

"(A) the State agency will establish and operate the ombudsman program described in such subpart, including procedures for appropriate ac

cess to long-term care facilities and records, and

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establish a statewide uniform reporting system which

"(i) records data relating to complaints

and conditions in long-term care facilities;

"(ii) collects and analyzes such data in order to identify significant problems effecting residents of long-term care facilities and develops methods for resolving such problems; and

"(iii) establishes procedures for submitting such data to the Commissioner on a regular basis;

"(B) the State agency will monitor the development and implementation of the operation of

Federal, State, and local laws, policies, and regula

tions with respect to long-term care facilities in that

State;

"(C) the State agency will provide for the training of volunteers, and promote the development of citizen organizations, for the purpose of partici

pating in the ombudsman program conducted in that

State;

"(D) the State agency will provide information, where appropriate, to public agencies, with re

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spect to the problems of older persons who are resi

dents of long-term care facilities;

66

(E) the State agency will establish proced

ures to assure that any files maintained by the ombudsman program assisted under such subpart shall be disclosed only at the discretion of the ombuds

man having authority over the disposition of such files, except that the identity of any complainant or

resident of a long-term care facility shall not be dis

closed by such ombudsman unless

"(i) such complainant or resident, or his legal representative, consents in writing to such disclosure, or

"(ii) such disclosure is required by an order of a court; and

"(12) provide for an impartial complaint review

procedure in accordance with subsection (f) of this

section.

"(b) The Commissioner shall approve any State plan 20 which he finds fulfills the requirements of subsection (a) of

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21 this section.

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"(c) The Commissioner shall not make a final determi 23 nation disapproving any State plan, or any modification 24 thereof, or make a final determination that a State is ineligi 25 ble under section 305, without first affording the State rea 26 sonable notice and opportunity for a hearing.