12- 152 C.M.R. ch. 7, § 7

Current through 2024-51, December 18, 2024

Section 152-7-7 - INDEPENDENT LIVING PROGRAM SERVICES

IL Program Services may provide for such goods and services as are necessary to establish eligibility and to determine and achieve IL goals. A maximum lifetime expenditure of $5,000 in planned services shall be allowed for each eligible individual served by the program. Goods and services shall be purchased in accordance with the assurance of the health and safety of the eligible individual. Costs associated with determining eligibility and the planning of services developed in the ILP are not considered part of the $5,000. Any services exceeding this amount needed for the successful attainment of goals documented in the ILP will require the approval of the DVR IL Program Specialist.

The ILS Program services shall purchase IL goods and services only from vendors who meet State Licensure or Certification requirements, where applicable. All modification and other accommodations shall be implemented according to applicable code enforcement laws and the Americans with Disabilities Act (ADA) standards.

The consumer may choose to waive design standards to conform with individual needs. A waiver request, in writing, or in alternative format, signed by the consumer, or duly authorized representative, shall document the reason(s) for the waiver. No waiver may be authorized that would jeopardize health or safety.

1. Costs associated with evaluation and related services necessary to determine eligibility and to develop an appropriate IL Plan shall be excluded from the maximum lifetime expenditure cap. All services and goals identified in an ILP by the ILS Program require adequate, supportive documentation. Documentation for any barrier removal projects shall be by qualified personnel.

2. The following core services shall be within the scope of the program:

A. Information and Referral services;

B. Individual Independent Living Skills Training;

C. Peer Counseling (including cross-disability peer counseling); and

D. Individual and Systems Advocacy.

3. In addition, the ILS Program may provide or contract for the following services:

A. Counseling services, including, psychological, psychotherapeutic, and related services;

B. Temporary housing and supports, incidental to the provision of any Independent Living Program services;

C. Home modifications, including those adaptive devices and structural changes necessary for the individual with a disability to function independently in order to achieve ILS Program goals;

D. Rehabilitation technology including, but not limited to, the purchase of adaptive devices and technology. This would include vehicles and vehicle modifications;

E. Mobility training, as applicable, to people with a wide range of disabilities;

F. Services and training for individuals with cognitive and sensory and psychiatric disabilities, including life skills training and adult basic education, community orientation (including recreation, social and community activities), and training in the use of interpreter and reader services incidental to other IL services;

G. Short-term attendant care services incidental to the provision of other independent living services and not as requisite to the maintenance of the individual's everyday attendant care needs;

H. Surveys, directories, and other activities to identify appropriate housing, recreation opportunities, accessible facilities and transportation, and other support services;

I. Consumer information programs on rehabilitation and IL services available in the Rehabilitation Act of 1973, as Amended, especially for minorities and other individuals with disabilities who have traditionally been unserved or underserved by programs under the Rehabilitation Act of 1973, as Amended;

J. Education and training necessary for living and participating in community activities;

K. Transportation, incidental to the provision of any Independent Living Program services; including referral and assistance for transportation. This does not include the purchase of vehicles or vehicle modifications unless eligible in section 7.3.4;

L. Physical and psychosocial rehabilitation;

M. Therapeutic treatment under the direction of a qualified practitioner;

N. Provision of needed prostheses and other appliances and devices;

O. Individual and group social and recreational services;

P. Any other services that may be necessary and are consistent with the provisions of the Rehabilitation Act of 1973, as Amended.

4. The ILS Program retains the right to reclaim equipment purchased by the agency in instances when:

A. the equipment is no longer being used for the purpose for which it was purchased;

B. the ILP is not completed;

C. the case was closed not successful;

D. the consumer or duly authorized representative was given prior notification that reclaim was part of ILP development.

12- 152 C.M.R. ch. 7, § 7