§ 79.55 General operation requirements.

(a) Eligibility documentation. (1) Prior to providing legal services, grantees must verify and document each veteran's eligibility for legal services and classify the veteran based on the eligible veteran criteria as set forth in § 79.15. (2) Once the grantee initiates legal services, the grantee will continue to provide legal services to the participant through completion of the legal services so long as the participant continues to meet the eligibility criteria set forth in § 79.15. (3) If a grantee finds at any point in the grant award period that a participant is ineligible to receive legal services under this part, or the provider is unable to meet the legal needs of that participant, the grantee must document the reason for the participant's ineligibility or the grantee's inability to provide legal services and provide the veteran information on other available programs or resources or provide a referral to another legal services organization that is able to meet the veteran's needs. (b) Legal services documentation. For each participant who receives legal services from the grantee, the grantee must document the legal services provided, how such services were provided, the duration of the services provided, any goals for the provision of such services, and measurable outcomes of the legal services provided as determined by the Secretary, such as whether the participant's legal issue was resolved. (c) Confidentiality. Grantees must maintain the confidentiality of records kept in connection to legal services provided to participants. Grantees that provide legal services must establish and implement procedures to ensure the confidentiality of: (1) Records pertaining to any participant, and (2) The address or location where the legal services are provided. Such confidentiality should be consistent with the grantee's State bar rules on confidentiality in an attorney-client relationship. (d) Notifications to participants. Prior to initially providing legal services to a participant, the grantee must notify each participant of the following: (1) The legal services are being paid for, in whole or in part, by VA; (2) The legal services available to the participant through the grantee's program; and (3) Any conditions or restrictions on the receipt of legal services by the participant. (e) Assessment of funds. Grantees must regularly assess how legal services grant funds can be used in conjunction with other available funds and services to ensure continuity of program operations and to assist participants. (f) Administration of legal services grants. Grantees must ensure that legal services grants are administered in accordance with the requirements of this part, the legal services grant agreement, and other applicable laws and regulations. Grantees are responsible for ensuring that any subcontractors carry out activities in compliance with this part.