Current through Register Vol. 46, No. 39, September 25, 2024
(a) A
person-centered planning process is a process in which, to the maximum extent
possible, an individual directs the planning of his or her services and makes
informed choices about the services and supports that he or she receives. The
planning process guides the delivery of services and supports to an individual
in a way that leads to outcomes or results in areas of the individual's life
that are most important to him or her (e.g., health,
relationships, work, and home).
(1) The
person-centered planning process involves parties chosen by the individual,
often known as the individual's circle of support. The parties chosen by the
individual participate in the process as needed, and as defined by the
individual, except to the extent that decision-making authority is conferred on
another by State law.
(2) The
parties chosen by the individual assist the individual in decision-making by,
among other things, explaining issues to be decided, answering the individual's
questions, encouraging the individual to actively participate in
decision-making and, where necessary, assisting the individual to communicate
his or her preferences.
(3) The
person-centered planning process requires that:
(i) supports and services are based on the
individual's interests, preferences, strengths, capacities, and
needs;
(ii) supports and services
are designed to empower the individual by fostering skills to achieve desired
personal relationships, community participation, dignity, and respect;
and
(iii) the individual is
satisfied with activities, supports, and services.
(4) Person-centered planning is a
collaborative and recurring process between the individual and the service
provider. The planning process is used at the time of initial plan development
and during reviews of the plan.
(b) A person-centered planning process is
required for developing the person-centered service plan (see section
636-1.3
of this subpart), including the HCBS Waiver service plan, with the individual
and parties chosen by the individual. The person-centered planning process
involves:
(1) providing necessary information
and support to ensure that the individual, to the maximum extent possible,
directs the process and is enabled to make informed choices and
decisions;
(2) scheduling with the
individual at times and locations of convenience to the individual;
(3) taking into account the cultural
considerations of the individual and providing information in plain language
and in a manner that is accessible to and understood by the individual and
parties chosen by the individual;
(4) providing a method for the individual to
request updates to the person-centered service plan as needed; and
(5) developing strategies that address
conflicts or disagreements in the process, including clear conflict of interest
guidelines for individuals, and communicating such strategies to the individual
who is receiving services as appropriate.
