PUBLIC LAW 109–171—FEB. 8, 2006
120 STAT. 125
‘‘(aa) ASSESSMENT.—There is an assessment of the needs, capabilities, and preferences of the individual with respect to such services. ‘‘(bb) SERVICE PLAN.—Based on such assessment, there is developed jointly with such individual or the individual’s authorized representative a plan for such services for such individual that is approved by the State and that satisfies the requirements of subclause (III). ‘‘(III) PLAN REQUIREMENTS.—For purposes of subclause (II)(bb), the requirements of this subclause are that the plan— ‘‘(aa) specifies those services which the individual or the individual’s authorized representative would be responsible for directing; ‘‘(bb) identifies the methods by which the individual or the individual’s authorized representative will select, manage, and dismiss providers of such services; ‘‘(cc) specifies the role of family members and others whose participation is sought by the individual or the individual’s authorized representative with respect to such services; ‘‘(dd) is developed through a person-centered process that is directed by the individual or the individual’s authorized representative, builds upon the individual’s capacity to engage in activities that promote community life and that respects the individual’s preferences, choices, and abilities, and involves families, friends, and professionals as desired or required by the individual or the individual’s authorized representative; ‘‘(ee) includes appropriate risk management techniques that recognize the roles and sharing of responsibilities in obtaining services in a self-directed manner and assure the appropriateness of such plan based upon the resources and capabilities of the individual or the individual’s authorized representative; and ‘‘(ff) may include an individualized budget which identifies the dollar value of the services and supports under the control and direction of the individual or the individual’s authorized representative. ‘‘(IV) BUDGET PROCESS.—With respect to individualized budgets described in subclause (III)(ff), the State plan amendment— ‘‘(aa) describes the method for calculating the dollar values in such budgets based on reliable costs and service utilization; ‘‘(bb) defines a process for making adjustments in such dollar values to reflect changes in individual assessments and service plans; and
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