37.34.1114    PLAN OF CARE: PERSONAL SUPPORT PLAN: DECISION MAKING

(1) The personal support plan (PSP) team must base all decisions on a team process which is person-driven and person-centered and ensures the health and safety of the person receiving services. The PSP team members must consider the:

(a) the person's rights;

(b) person's needs, visions, and preferences;

(c) person's health and safety needs;

(d) Montana resources allocation (MONA) for the person; and

(e) person's cost plan (ICP).

(2) All decisions of the PSP team must be made in consensus.

(3) If consensus cannot be reached, the person(s) who does not consent may submit their disagreement along with the justification for their disagreement within five working days to the regional manager. The regional manager must:

(a) make a determination within five working days; and

(b) provide the determination in writing to the members of the PSP team.

(4) The person receiving service maintains the right to request an administrative fair hearing.

 

History: 53-2-201, 53-20-204, MCA; IMP, 53-20-203, MCA; NEW, 1993 MAR p. 1353, Eff. 6/25/93; AMD, 1996 MAR p. 2188, Eff. 8/9/96; TRANS, from SRS, 1998 MAR p. 3124; AMD, 2013 MAR p. 143, Eff. 2/1/13.