Definitions

For purposes of 115 CMR 14.00, the following terms shall have the following meanings: Agency with Choice or AWC is a self-directed service model in which the participant and a qualified provider share responsibilities for selecting and directing persons to deliver services to the participant. Financial Management Service or FMS is a service or function provided by an entity to assist a participant in disbursing allocated funds in accordance with the participant's individual budget and person-centered plan. Financial management services may include facilitating the employment of service and support workers by aiding the participant with payments, fiscal accounting, tax withholding, compliance with relevant state and federal employment laws, verification of provider qualifications, criminal background checks and expenditure reports. The financial management service entity shall owe the participant a fiduciary duty and shall meet minimum qualifications as established by the Department. Independent Facilitator is a person selected and directed by the participant to assist in the development and execution of a person-centered plan and to assist the participant in making informed decisions about the participant's choices regarding self-determination including, but not limited to, the short-term and long-term planning goals for self-determination and the transition to self-determination. An independent facilitator shall meet minimum qualifications established by the Department prior to assisting a participant and shall not provide any services, supports or goods to the participant under the participant's individual support plan and shall not be employed by a person providing services, supports or goods to the participant. An independent facilitator is not a traditional service. (Mass. Register #1533, 10/25/2024) Individual Budget is an allocation of state funds based upon the participant's assessed needs, as determined by the Department in consultation with the participant and the participant's chosen planning team. The individual budget is used to facilitate self-determination and to purchase services, supports, or goods available in the self-directed services, and is subject to appropriation. Participant is the individual who is eligible for and receives services, supports, and goods through a self-directed service. When used in 115 CMR 14.00, Participant may refer to the individual, their guardian or other legally authorized person, such as a durable power of attorney or healthcare proxy. Participant Directed Program or PDP is a self-direction model in which the participant hires their own support staff, designs their schedule, and makes other decisions about how to use their individual budget. The FMS entity assists the PDP participant in accordance with the participant's individual budget and person-centered plan. Person-centered Planning Process is an approach to determining, planning, and working toward the development of the participant's vision with input from families and other trusted people who know the person well. Person-centered planning is the process used to develop the Individual Support Plan (ISP), defined in 115 CMR 2.01: Definitions, and in accordance with 115 CMR 6.20 through 6.25. Self-determination is an approach to service delivery in which the participant is given control over the decision-making process for the participant's supports or services and individual budget expenditures. Self-directed Services or SDS means services offered by the Department to operationalize the goals of self-determination. Traditional Services are services contracted for or otherwise funded by the Department, subject to rate-setting pursuant to M.G.L. c. 118, § 13C, and provided by a public or private provider certified and/or licensed by the Department. Traditional services include but are not limited to services available under the Home and Community Based Services (HCBS) adult intellectual disability Waiver programs approved by the Centers for Medicare and Medicaid Services under the Social Security Act, § 1915(c).