89 Ill. Adm. Code 677.40
Freedom of Choice
Section 677
Section 677.40 Freedom of
Choice
Under the HSP, a Customer has
the following rights; however, the choices made by the Customer may affect the
services available through HSP for which the Customer is eligible or which
might otherwise be available.
a) A Customer shall have the right to apply for and, if eligible,
receive services under the program of the Customer's choice. Therefore, a Customer
eligible for both institutional care and HSP services has the right to choose
one or the other but may not receive both at the same time. Institutional care
is not available through HSP and, if the Customer chooses HSP services, DHS-ORS
shall have the right to determine the waiver under which the Customer will be
served and the level of the provider of services.
b) At any time, a Customer has the right not to accept those HSP
services that the Customer has been determined eligible to receive. However, if
the Customer chooses to terminate services, the Customer may have to reapply
for services and undergo another determination of eligibility if the Customer
later desires services through HSP.
c) A Customer has the right to choose their living arrangement,
including the physical dwelling and persons residing in the dwelling. However,
such choices may impact the amount or scope of the services received by the Customer.
HSP will not impose a living arrangement on any Customer.
d) A Customer applying for, or receiving, services through HSP
shall have the right to choose medical and non-medical service providers.
However, payment may only be made to those service providers which meet the
standards established by DHS as found at 89 Ill. Adm. Code 686 and who will
accept DHS' fees for a specific service approved by DHS, if DHS is to issue
payment for the service.
e) A
Customer has the right to participate in the service planning process during
initial determination of eligibility, subsequent redetermination of
eligibility, and when updates to the service plan are requested by the
Customer.
f) A
Customer has the right to select their setting from among setting options,
including non-disability specific settings and an option for a private unit in
a residential setting. The setting options are identified and documented in
the person-centered service plan and are based on the individual’s needs,
preferences, and, for residential settings, resources available for room and
board.