New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 635 - General Quality Control and Administrative Requirements Applicable to Programs, services or Facilities Funded or Certified by the Office for People With Developmental Disabilities
Subpart 635-10 - Provision of Home and Community-Based Waiver Services
Section 635-10.2 - Intent

(a) The intent of home and community-based waiver services (hereinafter referred to a "HCBS waiver services") is to create an individualized service environment (see glossary). The purpose of the individualized service environment is to provide, consistent with meeting the person's needs, preferences and personal goals, the supports or services necessary to enable a person with a developmental disability to live, work, socialize and participate in the community. Each support or service is expected to contribute to the person's current or future capacity for self- determination, integration with the community, independence and productivity. Specific services and the intensity with which they are delivered will be set forth in an individualized service plan (see glossary), and will vary according to individual functional capacities, skill levels, other supports available and the person's personal goals and desires.

(b) The availability of approved waiver services is designed to allow Federal and State financing of options to meet the programmatic and support needs of persons with developmental disabilities as an alternative to placement in an institution (i.e., ICF/IID) and to promote achievement of the goals of the individualized service environment.

(c) Waiver services are designed to facilitate the flexible arrangement of preferred and needed services, individually tailored to the unique needs and personal goals of each person approved for participation.

(d) Consistent with the provision of community-based services, the delivery of one or more waiver services to an approved participant is to be accompanied by case management services (see section 635-10.4[a] of this Subpart) in order to ensure service coordination and the effective management of care in accordance with the person's individualized service plan.