120 STAT. 124
PUBLIC LAW 109–171—FEB. 8, 2006 ‘‘(v) An examination of the individual’s relevant history, medical records, and care and support needs, guided by best practices and research on effective strategies that result in improved health and quality of life outcomes. ‘‘(vi) If the State offers individuals the option to self-direct the purchase of, or control the receipt of, home and community-based service, an evaluation of the ability of the individual or the individual’s representative to self-direct the purchase of, or control the receipt of, such services if the individual so elects. ‘‘(G) INDIVIDUALIZED CARE PLAN.— ‘‘(i) IN GENERAL.—In the case of an individual who is determined to be eligible for home and communitybased services, the State uses the independent assessment required under subparagraph (E)(ii) to establish a written individualized care plan for the individual. ‘‘(ii) PLAN REQUIREMENTS.—The State ensures that the individualized care plan for an individual— ‘‘(I) is developed— ‘‘(aa) in consultation with the individual, the individual’s treating physician, health care or support professional, or other appropriate individuals, as defined by the State, and, where appropriate the individual’s family, caregiver, or representative; and ‘‘(bb) taking into account the extent of, and need for, any family or other supports for the individual; ‘‘(II) identifies the necessary home and community-based services to be furnished to the individual (or, if the individual elects to self-direct the purchase of, or control the receipt of, such services, funded for the individual); and ‘‘(III) is reviewed at least annually and as needed when there is a significant change in the individual’s circumstances. ‘‘(iii) STATE OPTION TO OFFER ELECTION FOR SELFDIRECTED SERVICES.— ‘‘(I) INDIVIDUAL CHOICE.—At the option of the State, the State may allow an individual or the individual’s representative to elect to receive selfdirected home and community-based services in a manner which gives them the most control over such services consistent with the individual’s abilities and the requirements of subclauses (II) and (III). ‘‘(II) SELF-DIRECTED SERVICES.—The term ‘selfdirected’ means, with respect to the home and community-based services offered under the State plan amendment, such services for the individual which are planned and purchased under the direction and control of such individual or the individual’s authorized representative, including the amount, duration, scope, provider, and location of such services, under the State plan consistent with the following requirements:
VerDate 14-DEC-2004
10:20 Jul 12, 2007
Jkt 059194
PO 00001
Frm 00122
Fmt 6580
Sfmt 6581
E:\PUBLAW\PUBL001.109
APPS06
PsN: PUBL001
�
