Current through Reg. 50, No. 26; June 27, 2025
(a) General.
(1) Unless a person signs a waiver in accordance with paragraph (2) of this subsection, a service provider works
with the person or the person's representative to develop and periodically review an independent living plan in accordance with this
section.
(2) If a person or the person's representative knowingly and voluntarily signs a waiver stating
that the person or the person's representative waives the right to participate in developing an independent living plan, a service provider develops
a waived independent living plan on the person's behalf.
(3) A service provider must provide each
independent living service in accordance with the independent living plan or waived independent living plan.
(b) Initiation and development of an independent living plan or a waived independent living plan.
(1) A service provider develops a person's independent living plan or waived independent living plan after the
person's eligibility is documented according to §
357.305 of this subchapter (relating to Eligibility). The plan explains the goals or objectives
established and the services to be provided. The plan indicates the anticipated duration of the service plan and the duration of each
service.
(2) A service provider provides a copy of the independent living plan or waived independent
living plan and any amendments in an accessible format to the person or the person's representative.
(c) Review.
(1) An independent living plan or waived independent living plan is
reviewed as often as necessary but at least annually to determine whether to continue, modify, or discontinue services or refer the person to a
vocational rehabilitation program or other program.
(2) A person reviews the independent living plan and,
if necessary, revises it and agrees by signature to its terms.
(d) Coordinating services. A
person's independent living plan or waived independent living plan must be coordinated by the service provider, to the extent possible, with any of
the following programs:
(1) a vocational rehabilitation program;
(2) a
habilitation program, prepared under the Developmental Disabilities Assistance and Bill of Rights Act of 2000;
(3) an education program, prepared under Part B of the Individuals with Disabilities Education Act; and
(4) other community, state, or federal programs that align with the person's independent living goals.
(e) Termination of services. If a service provider intends to terminate services to a person, the
service provider documents the reason on the independent living plan or waived independent living plan and follows the procedures described in §
357.305(e)(2) - (5) of this
subchapter.
