N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 636-1.2

Current through Register Vol. 46, No. 39, September 25, 2024

Section 636-1.2 - Person-centered planning process

(a) A person-centered planning process is a process in which, to the maximum extent possible, an individual directs the planning of his or her services and makes informed choices about the services and supports that he or she receives. The planning process guides the delivery of services and supports to an individual in a way that leads to outcomes or results in areas of the individual's life that are most important to him or her (e.g., health, relationships, work, and home).

(1) The person-centered planning process involves parties chosen by the individual, often known as the individual's circle of support. The parties chosen by the individual participate in the process as needed, and as defined by the individual, except to the extent that decision-making authority is conferred on another by State law.

(2) The parties chosen by the individual assist the individual in decision-making by, among other things, explaining issues to be decided, answering the individual's questions, encouraging the individual to actively participate in decision-making and, where necessary, assisting the individual to communicate his or her preferences.

(3) The person-centered planning process requires that:

(i) supports and services are based on the individual's interests, preferences, strengths, capacities, and needs;

(ii) supports and services are designed to empower the individual by fostering skills to achieve desired personal relationships, community participation, dignity, and respect; and

(iii) the individual is satisfied with activities, supports, and services.

(4) Person-centered planning is a collaborative and recurring process between the individual and the service provider. The planning process is used at the time of initial plan development and during reviews of the plan.

(b) A person-centered planning process is required for developing the person-centered service plan (see section 636-1.3 of this subpart), including the HCBS Waiver service plan, with the individual and parties chosen by the individual. The person-centered planning process involves:

(1) providing necessary information and support to ensure that the individual, to the maximum extent possible, directs the process and is enabled to make informed choices and decisions;

(2) scheduling with the individual at times and locations of convenience to the individual;

(3) taking into account the cultural considerations of the individual and providing information in plain language and in a manner that is accessible to and understood by the individual and parties chosen by the individual;

(4) providing a method for the individual to request updates to the person-centered service plan as needed; and

(5) developing strategies that address conflicts or disagreements in the process, including clear conflict of interest guidelines for individuals, and communicating such strategies to the individual who is receiving services as appropriate.

N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 636-1.2

Adopted, New York State Register October 28, 2015/Volume XXXVII, Issue 43, eff. 11/1/2015

Amended New York State Register August 21, 2019/Volume XLI, Issue 34, eff. 8/21/2019