§ 441.540 Person-centered service plan. ( a ) *Person-centered planning process.* The person-centered planning process is driven by the individual. The process— ( 1 ) Includes people chosen by the individual.
( 2 ) Provides necessary information and support to ensure that the individual directs the process to the maximum extent possible, and is enabled to make informed choices and decisions.
( 3 ) Is timely and occurs at times and locations of convenience to the individual.
( 4 ) Reflects cultural considerations of the individual.
( 5 ) Includes strategies for solving conflict or disagreement within the process, including clear conflict-of-interest guidelines for all planning participants.
( 6 ) Offers choices to the individual regarding the services and supports they receive and from whom.
( 7 ) Includes a method for the individual to request updates to the plan.
( 8 ) Records the alternative home and community-based settings that were considered by the individual.
( b ) *The person-centered service plan.* The person-centered service plan must reflect the services and supports that are important for the individual to meet the needs identified through an assessment of functional need, as well as what is important to the individual with regard to preferences for the delivery of such services and supports. Commensurate with the level of need of the individual, and the scope of services and supports available under Community First Choice, the plan must: ( 1 ) Reflect that the setting in which the individual resides is chosen by the individual.
( 2 ) Reflect the individual's strengths and preferences.
( 3 ) Reflect clinical and support needs as identified through an assessment of functional need.
( 4 ) Include individually identified goals and desired outcomes.
( 5 ) Reflect the services and supports (paid and unpaid) that will assist the individual to achieve identified goals, and the providers of those services and supports, including natural supports. Natural supports cannot supplant needed paid services unless the natural supports are unpaid supports that are provided voluntarily to the individual in lieu of an attendant.
( 6 ) Reflect risk factors and measures in place to minimize them, including individualized backup plans.
( 7 ) Be understandable to the individual receiving services and supports, and the individuals important in supporting him or her.
( 8 ) Identify the individual and/or entity responsible for monitoring the plan.
( 9 ) Be finalized and agreed to in writing by the individual and signed by all individuals and providers responsible for its implementation.
( 10 ) Be distributed to the individual and other people involved in the plan.
( 11 ) Incorporate the service plan requirements for the self-directed model with service budget at § 441.550, when applicable.
( 12 ) Prevent the provision of unnecessary or inappropriate care.
( 13 ) Other requirements as determined by the Secretary.
( c ) *Reviewing the person-centered service plan.* The State must ensure that the person-centered service plan for every individual is reviewed, and revised as appropriate, based upon the reassessment of functional need at least every 12 months, when the individual's circumstances or needs change significantly, and at the request of the individual. States must adhere to the requirements of § 441.301(c)(3), except that the references to section 1915(c) of the Act are instead references to section 1915(k) of the Act.
[77 FR 26898, May 7, 2012, as amended at 89 FR 40870, May 10, 2024]