81 FR 43261 - Notice and Request for Comments-Final Guidelines for Automated Financial-Eligibility Screening

LEGAL SERVICES CORPORATION

Federal Register Volume 81, Issue 127 (July 1, 2016)

The Legal Services Corporation is publishing for public comment a proposed program letter addressing standards for automated systems that LSC grantees might use to gather financial-eligibility information from applicants for legal services and to make financial- eligibility decisions for those applicants.

[Federal Register Volume 81, Number 127 (Friday, July 1, 2016)]
[Notices]
[Pages 43261-43262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15578]


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LEGAL SERVICES CORPORATION


Notice and Request for Comments--Final Guidelines for Automated 
Financial-Eligibility Screening

AGENCY: Legal Services Corporation.

ACTION: Notice; request for comments.

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SUMMARY: The Legal Services Corporation is publishing for public 
comment a proposed program letter addressing standards for automated 
systems that LSC grantees might use to gather financial-eligibility 
information from applicants for legal services and to make financial-
eligibility decisions for those applicants.

DATES: The program letter will be effective August 10, 2016. Written 
comments will be accepted until August 1, 2016.

ADDRESSES: Written comments must be submitted to Mark Freedman, Senior 
Associate General Counsel, Legal

[[Page 43262]]

Services Corporation, 3333 K St. NW., Washington, DC 20007-3522; 202-
337-6519 (fax); [email protected]. LSC prefers electronic submissions 
via email with attachments in Acrobat PDF format. Written comments sent 
to any other address or received after the end of the comment period 
may not be considered by LSC.

FOR FURTHER INFORMATION CONTACT: Mark Freedman, Senior Associate 
General Counsel, Legal Services Corporation, 3333 K St. NW., 
Washington, DC 20007; 202-295-1623 (phone); 202-337-6519 (fax); 
[email protected].

SUPPLEMENTARY INFORMATION: The Legal Services Corporation (``LSC'' or 
``Corporation'') was established by the United States Congress ``for 
the purpose of providing financial support for legal assistance in 
noncriminal matters or proceedings to persons financially unable to 
afford such assistance.'' 42 U.S.C. 2996b(a). LSC performs this 
function primarily by funding civil legal aid programs providing legal 
services to low-income persons throughout the United States and its 
possessions and territories in geographic areas determined by LSC. Each 
LSC funding recipient must screen all applicants for LSC-funded legal 
assistance to determine if the applicant's household meets the 
recipient's financial eligibility requirements for income and assets, 
which themselves must comply with the LSC financial eligibility 
requirements set forth at 45 CFR part 1611.
    On March 26, 2012, LSC published for comment a draft program letter 
discussing minimum screening requirements for LSC recipients when 
determining financial eligibility of applicants based on information 
collected through automated online intake systems. 77 FR 17529. The 
draft program letter and comments received are in the ``Closed Matters 
for Comment'' section of LSC's Web site at: http://www.lsc.gov/about-lsc/matters-comment under ``Draft Financial-Screening Program Letter''.
    LSC received eight comments, all of which encouraged LSC to provide 
guidance on this topic. Four comments recommended that LSC not require 
a person at the grantee to make a direct follow-up contact regarding 
financial information for every applicant using an automated intake 
system. Three comments suggested clarifying who may provide financial 
eligibility information for an applicant through an automated system, 
and to include representatives of applicants, such as family members. 
One comment recommended separate requirements for applicants to be 
served by private attorneys volunteering with the grantee or providing 
reduced-fee services. One comment said that the proposed program letter 
was complete and adequate to explain the requirements.
    Based on the comments and additional internal review, LSC has 
substantially revised the program letter to: (1) Eliminate the 
requirement for a follow-up contact by a person in all situations, (2) 
clarify that applicants or their authorized representatives may provide 
the financial information, and (3) provide guidelines for when the 
automated system may make a financial eligibility determination without 
review by a person. In all cases, the grantee must maintain clear and 
accessible records regarding the structure and operation of the system, 
maintain all information required for client-eligibility 
determinations, and engage in ongoing review of the system for 
improvements. Furthermore, grantees must design and operate these 
systems so as to maintain access to services for people with 
disabilities.
    The revised program letter is available on the LSC Web site at 
http://www.lsc.gov/about-lsc/matters-comment. LSC will accept comments 
on the notice for thirty days and, if the comments warrant, will issue 
an additional notice modifying the proposed program letter and 
adjusting the effective date. In the absence of any such notice, the 
revised program letter will be effective forty days after publication 
of this notice in the Federal Register.

    Dated: June 27, 2016.
Mark Freedman,
Senior Associate General Counsel.
[FR Doc. 2016-15578 Filed 6-30-16; 8:45 am]
 BILLING CODE 7050-01-P