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Legal Services
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HRSA/HAB Category Definition:
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Legal services are the provision of services to individuals with respect to powers of attorney, do-not-resuscitate orders and interventions necessary to ensure access to eligible benefits, including discrimination or breach of confidentiality litigation as it relates to services eligible for funding under the Ryan White Program.
NOTE: Legal Services do not include any legal services that arrange for guardianship or adoption of a child after the death of his or her normal caregiver.
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Source: Definition provided by the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA), HIV/AIDS Bureau (HAB). 2009. Ryan White HIV/AIDS Treatment Modernization Act of 2006 Definitions for Eligible Services. Rockville, Md.: HRSA HAB, August 20, 2009.
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Category Notes:
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Clarifications
The following definition clarifications are a result of a conference call involving representatives of the grantee (BCHD), Greater Baltimore HIV Health Services Planning Council (PC), PC support office (IGS) and HRSA on May 28, 2008.
• Legal services focuses on activities that directly affect the individual. Services such as guardianship or adoption after the death of the normal caregiver should be sought from non-Ryan White sources.
• Transportation can be used for this category.
The following clarification was distributed by HRSA on April 8, 2010 (HRSA 2010).
Legal Services are an allowable support service under Ryan White HIV/AIDS Program. Funds awarded under the Ryan White HIV/AIDS Program may not be used for any criminal defense, or for class-action suits unrelated to access to services eligible for funding under the Ryan White HIV/AIDS Program. Funds may be used for legal services directly necessitated by an individual’s HIV/AIDS serostatus.
These services include but are not limited to:
a. Preparation of powers of attorney, living wills
b. Interventions necessary to ensure access to eligible benefits, including discrimination or breach of confidentiality litigation as it relates to services eligible for funding under the Ryan White HIV/AIDS Program, and
c. Permanency planning for an individual or family where the responsible adult is expected to pre-decease a dependent (usually a minor child) due to HIV/AIDS; includes the provision of social services counseling or legal counsel regarding (1) the drafting of wills or delegating powers of attorney, and (2) preparation for custody options for legal dependents including standby guardianship, joint custody or adoption.
History
The legal services definition has remained the same since 2004. There was a permanency-planning category in 2004 that funded planning for minor children whose parents/caregivers were deceased or no longer able to care for them. That category was not included on the HRSA-sanctioned list in 2008.
Current Directives
Ratified October 16, 2007: The administrative agent will divide the allocation according to the percentage of those subset activities based on the service utilization percentage of each sub activity. The administrative agent will report out by total category performance and expenditure and by each subset performance and expenditure (IGS 2011a).
Ratified November 3, 2008: Require that fundable activities for legal services under Part A include the full range of services allowed by HRSA (IGS 2011a).
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