Choice Defined in Law and Use
Federal Law Requires Residential Choice!
The Developmental Disabilities Assistance and Bill of Rights Act, 42 U.S.C. §2001(c)(3)
(c) POLICY. -It is the policy of the United States that all programs, projects, and activities receiving assistance under this title shall be carried out in a manner consistent with the principles that-
* * *
(3) individuals with developmental disabilities and their families are the primary decision makers regarding the services and supports such individuals and their families receive, including regarding choosing where the individuals live from available options, and play decision-making roles in policies and programs that affect the lives of such individuals and their families.
Individuals with Disabilities Education Act Regulation
34 C.F.R. § 300.551 Continuum of Alternative Placements (a) Each public agency shall ensure that a continuum of alternative placements is available to meet the needs of children with disabilities for special education and related services.
“Continuum” shall include “instruction in regular classes, special classes, special schools, home instruction, and instruction in hospitals and institutions.” 34 CFR §300.551(b).
Medicaid Law:
42 U.S.C. §1396n(c)(2)(C)
A Medicaid Home and Community-Based Waiver shall not be granted unless the state provides satisfactory assurances that –
such individuals who are determined to be likely to require the level of care provided in a hospital, nursing facility or intermediate care facility for the mentally retarded are informed of the feasible alternatives, if available under the waiver, at the choice of such individuals, to the provision of inpatient hospital, nursing facility services or services in an intermediate care facility for the mentally retarded.
Medicaid regulation:
42 C.F.R. §441.302
(d) When a recipient is determined to be likely to require the level of care provided in a hospital, nursing facility, or intermediate care facility for the mentally retarded, the recipient or his or her legal representative will be –
(d) When a recipient is determined to be likely to require the level of care provided in a hospital, nursing facility, or intermediate care facility for the mentally retarded, the recipient or his or her legal representative will be –
(1) Informed of any feasible alternatives available under the waiver, and
(2)Given the choice of either institutional or home and community-based services.
Medicaid Regulation:
42 C.F.R. §441.303
The [state] agency must furnish CMS with sufficient information to support the assurances required by §441.302, including
* * *
(d) A description of the agency’s plan for informing eligible recipients of the feasible alternatives available under the waiver and allowing recipients to choose either institutional services or home and community-based services.
Webster’s dictionary
Choice n 1: the act of choosing: SELECTION; 2: the power or opportunity of choosing: OPTION; 3: the best part; 4: a person or thing selected; 5: a variety offered for selection.
Glossary of Acronyms
ADA: Americans with Disabilities Act
C.F.R.: Code of Federal Regulations
CMS: Centers for Medicare and Medicaid Services
HHS: U. S. Department of Health and Human Services
S.Ct.: Supreme Court
U.S.C.: United States Code (federal statutes)
