Kan. Admin. Regs. § 30-63-21
Current through Register Vol. 43, No. 24, June 13, 2024
Section 30-63-21 - Person-centered support planning; implementation(a) The provider shall prepare a written person-centered support plan for each person served that shall meet these requirements: (1) Be developed only after consultation with the following: (B) the person's legal guardian, if one has been appointed; and (C) other individuals from the person's support network as the person or the person's guardian chooses; (2) contain a description of the person's preferred lifestyle, including describing the following: (A) In what type of setting the person wants to live; (B) with whom the person wants to live; (C) what work or other valued activity the person wants to do; (D) with whom the person wants to socialize; and (E) in what social, leisure, religious, or other activities the person wants to participate; (3) list and describe the necessary activities, training, materials, equipment, assistive technology, and services that are needed to assist the person to achieve the person's preferred lifestyle; (4) describe how opportunities of choice will be provided, including specifying means for the following: (A) Permitting the person to indicate the person's preferences among options presented to the person, by whatever communication methods that person may possess, including a description of the effective communication methods utilized by the person; (B) providing the necessary support and training to allow the person to be able to indicate the person's preferences, including a description of any training and support needed to fully participate in the planning process and other choice making; and (C) assisting the person or the person's guardian to understand the negative consequences of choices the provider knows the person might make and that may involve risk to that person; (5) describe when it is necessary to do so, to the person and the person's support network, how the preferred lifestyle might be limited because of imminent significant danger to the person's health, safety, or welfare based on an assessment of the following: (A) The person's history of decision-making, including any previous experience or practice the person has in exercising autonomy, and the person's ability to learn from the natural negative consequences of poor decision-making; (B) the possible long-and short-term consequences that might result to the person if the person makes a poor decision; (C) the possible long-and short-term effects that might result to the person if the provider limits or prohibits the person from making a choice; and (D) the safeguards available to protect the person's safety and rights in each context of choices; (6) prioritize and structure the delivery of services toward the goal of achieving the person's preferred lifestyle; (7) contribute to the continuous movement of the person towards the achievement of the person's preferred lifestyle. In evaluating this outcome, the provider may include assessments made by professionals and shall perform either of the following: (A) Include consideration of the expressed opinions of the person, the person's legal guardian, if one has been appointed, and other individuals from the person's support network; or (B) account for the following: (i) The financial limitations of the person and the provider; (ii) the supports and training needed, offered, and accepted by the person; and (iii) matters identified in paragraph (a)(5). Next best options may be considered as responsive if the person cannot specifically have what the person prefers due to limitations identified by this methodology; and (8) be approved, in writing, by the person or the person's guardian, if one has been appointed. Requirements for approval from or consultation with the person's guardian shall be considered to have been complied with if the provider documents that it has taken reasonable measures to obtain this approval or consultation and that the person's guardian has failed to respond. (b) Whenever two or more providers provide services to the same person, the providers shall work together to prepare a single person-centered support plan. Each provider shall be responsible for the preparation and implementation of any portion of the plan relating to its services. The person, the guardian if one has been appointed, a member of the person's support network, or a provider shall take the lead coordination role in preparation of the plan, and a designation of that person or entity shall be noted in the plan. (c) The provider shall regularly review and revise the plan, by following the same procedures as set out above, whenever necessary to reflect any of the following: (1) Changes in the person's preferred lifestyle; (2) achievement of goals or skills outlined within the plan; or (3) any determination made according to the methodology provided for in paragraph (a)(7) above that any service being provided is unresponsive. (d) The provider shall deliver services to the person only in accordance with the person's person-centered support plan. (e) This regulation shall take effect on and after October 1, 1998. Kan. Admin. Regs. § 30-63-21
Authorized by and implementing K.S.A. 75-3307b and K.S.A. 1997 Supp. 39-1801, et seq.; effective July 1, 1996; amended Oct. 1, 1998.