P.L. 79–396, Approved June 4, 1946 (60 Stat. 239)

Richard B. Russell National School Lunch Act

*    *    *    *    *    *    *

Sec. 12. [42 U.S.C. 1760] 

*    *    *    *    *    *    *

(e)  The value of assistance to children under this Act shall not be considered to be income or resources for any purposes under any Federal or State laws, including laws relating to taxation and welfare and public assistance programs.

*    *    *    *    *    *    *

Sec. 17. [42 U.S.C. 1766] 

*    *    *    *    *    *    *

(o)(1)  For purposes of this section, adult day care centers shall be considered eligible institutions for reimbursement for meals or supplements served to persons 60 years of age or older or to chronically impaired disabled persons, including victims of Alzheimer’s disease and related disorders with neurological and organic brain dysfunction. Reimbursement provided to such institutions for such purposes shall improve the quality of meals or level of services provided or increase participation in the program. Lunches served by each such institution for which reimbursement is claimed under this section shall provide, on the average, approximately1/3 of the daily recommended dietary allowance established by the Food and Nutrition Board of the National Research Council of the National Academy of Sciences. Such institutions shall make reasonable efforts to serve meals that meet the special dietary requirements of participants, including efforts to serve foods in forms palatable to participants.

(2)  For purposes of this subsection—

(A)  the term “adult day care center” means any public agency or private nonprofit organization, or any proprietary title XIX or title XX center, which—

(i)  is licensed or approved by Federal, State, or local authorities to provide adult day care services to chronically impaired disabled adults or persons 60 years of age or older in a group setting outside their homes, or a group living arrangement, on a less than 24-hour basis; and

(ii)  provides for such care and services directly or under arrangements made by the agency or organization whereby the agency or organization maintains professional management responsibility for all such services; and

(B)  the term “proprietary title XIX or title XX center” means any private, for-profit center providing adult day care services for which it receives compensation from amounts granted to the States under title XIX or XX of the Social Security Act and which title XIX or title XX beneficiaries were not less than 25 percent of enrolled eligible participants in a calendar month preceding initial application or annual reapplication for program participation.

*    *    *    *    *    *    *

(4)  For the purpose of establishing eligibility for free or reduced price meals or supplements under this subsection, income shall include only the income of an eligible person and, if any, the spouse and dependents with whom the eligible person resides.

(5)  A person described in paragraph (1) shall be considered automatically eligible for free meals or supplements under this subsection, without further application or eligibility determination, if the person is—

(A)  a member of a household receiving assistance under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or

(B)  a recipient of assistance under title XVI or XIX of the Social Security Act (42 U.S.C. 1381 et seq.).

(6)  The Governor of any State may designate to administer the program under this subsection a State agency other than the agency that administers the child care food program under this section.

[Internal References.—SSAct Titles XIX and XX have footnotes referring to P.L. 79-396. SSAct §§2(a), 1002(a), 1402(a), 1602(a)(State), 1612(b) and 1613(a) have footnotes referring to Appendix K in this Volume which provides a list of Federal law provisions, including P.L. 79-396, §12(e), relating to income and resources.]