12- 152 C.M.R. ch. 7, § 5

Current through 2024-51, December 18, 2024

Section 152-7-5 - INDEPENDENT LIVING PLAN

An Independent Living Plan (ILP) shall be developed after the consumer is found eligible. The ILP is based on a determination of independent living potential designed to achieve the IL goals consistent with an individual's abilities. The case record shall support the development of the consumer directed IL goal(s). The case record shall reflect the significant participation of the eligible consumer, and may include, at the consumer's discretion, the participation of the consumer's duly authorized representative in the development of the plan(s). The ILS Program staff shall provide copies of the ILP and any amendments to the consumer, and, where appropriate, their duly authorized representative. In the case of the duly authorized representative, the consumer must participate to the maximum extent feasible in the development of the ILP goals. Goods and services may only be provided in accordance with the ILP. Goods and services provided must remove the barrier to independent living. Goods and services will relate to the Order of Selection priority categories. The details of this process will be thoroughly outlined and included in the ILS Program operating procedures. The ILP is not a legal contract.

1. Elements of the ILP

The Independent Living Plan shall document the following:

A. The basis on which a determination of eligibility was made;

B. The IL goals established with the individual and a rationale for the goals;

C. The specific services to be provided in order to achieve the established IL goals;

D. Beginning and projected ending dates for each service;

E. A procedure and schedule for monitoring progress toward achieving goals based upon objective criteria appropriate for each individual, and a record of the result of ILP monitoring. The ILP shall be reviewed as often as necessary but at least annually;

F. The decisions of the consumer and/or duly authorized representative concerning IL services;

G. The terms and conditions for the provision of services, including the consumer's participation in cost of services when feasible, and, whether the consumer is eligible for similar benefits and the extent to which they will be used, and were used;

H. An assurance that the consumer has been informed of their rights and the means by which they may express and seek remedy for any dissatisfaction, as described in Section 3, IL S Program Appeals Process; and assurance that the consumer has been provided a detailed explanation of the availability of the resources within the Client Assistance Program;

I. The IL Plan must be developed jointly and signed by the appropriate staff member, consumer, and/or duly authorized representative;

J. A copy of the IL Plan, and any amendment shall be provided to the consumer, and/or duly authorized representative, retaining the original for the case record.

2. ILP Amendment

Any major changes to an individual's plan, including closure, require an ILP Amendment. The case record shall have documentation which reflects the reason(s) for an Amendment and will give the consumer, and/or duly authorized representative the opportunity to redevelop and sign the ILP Amendment(s).

12- 152 C.M.R. ch. 7, § 5