Current through Register No. 40, October 3, 2024
(a) PDMS shall
promote the individual's and his or her representative's involvement, choice,
and control in all levels of planning, provision, and monitoring of
services.
(b) Individuals who are
involved in PDMS may identify others of their choice to assist them in
directing their services.
(c) PDMS
shall:
(1) Be tailored to the individual's
competencies, interests, preferences, and needs;
(2) Promote the health, safety, and emotional
well-being of the individual;
(3)
Be provided in a manner which protects the individual's rights as described in
He-M 202 and He-M 310; and
(4)
Provide the degree of support an individual needs to direct services, increase
his or her level of independence, and advocate for himself or
herself.
(d) PDMS that
support families who are caring for their family members shall:
(1) Respect each family's values, beliefs,
and traditions; and
(2) Recognize
and draw on each family's strengths and competencies.
(e) For an individual who is 21 years of age
or older, PDMS shall include supports identified in the service agreement, such
as:
(1) Personal care, employment supports,
adult basic education, and avocational and leisure activities;
(2) Adaptations through environmental and
vehicle modifications and assistive technology;
(3) Services that assist the individual to
acquire and maintain life skills in such areas as personal safety, meal
preparation, and budgeting;
(4)
Services that, based on the individual's preferences, broaden his or her life
experiences through social, artistic, and spiritual expression;
(5) Respite and family support services that
meet the needs of individuals living with their families;
(6) Provider training including, at a
minimum:
a. Individual rights; and
b. Universal precautions and other
nursing-related tasks;
(7) Consultations and assessments;
and
(8) Services needed, but not
currently available.
(f)
For an individual who is under the age of 21, PDMS shall include supports
identified in the service agreement for the individual and his or her family,
such as:
(1) Respite;
(2) Environmental and vehicle modifications,
and assistive technology;
(3)
Provider training including, at a minimum:
a.
Individual rights; and
b. Universal
precautions and other nursing-related tasks;
(4) Consultations and assessments;
and
(5) The following, to the
extent that they are not the responsibility of the school district to provide:
a. Transition planning;
b. After school supports; and
c. Acquisition and maintenance of life
skills, such as:
1.Preparing meals;
2.Budgeting;
3.Obtaining and maintaining employment;
4.Socializing; and
5.Maintaining personal safety.
(g) The area agency or subcontract
agency shall discuss options for service provision with the individual and
representative.
(h) The individual
or representative shall select the provider and staff to deliver PDMS based on
the discussion of options required in (g) above.
(i) When the individual or representative
opts for services that are to be provided by a person or an entity other than
the area agency or a subcontract agency:
(1)
The area agency shall hire the person or contract with the person or entity,
consistent with the area agency's or subcontract agency's personnel policies;
or
(2) The individual or
representative may choose to hire or contract with the person or
entity.
(j) If the
individual or representative chooses to hire or contract with the person or
entity:
(1) The area agency shall:
a. Approve the identified person or
entity;
b. Discuss with the
individual and representative each party's responsibilities regarding service
planning, provision, and oversight; and
c. Establish a contract with the individual
or representative regarding service planning, provision, and oversight;
and
(2) The individual
or representative shall give to the area agency a copy of any contract
established with a contractor pursuant to (i) (2) above.
(k) In those situations where the area agency
does not approve the individual's or representative's selection of a person or
entity, the area agency shall:
(1) Provide, in
writing, the reasons why the area agency will not hire, contract with, or
approve the person or entity;
(2)
Advise the individual or representative in writing and verbally of his or her
appeal rights under
He-M 525.11;
and
(3) Assist the individual or
representative in selecting another person or entity to provide the services,
as needed.
#9391, eff 2-21-09; ss by #9890-A, eff
3-22-11
