104 CMR 29.10 - Modification of the Individual Service Plan

(1) Requests for modification of an individual service plan may be initiated by the client, his or her legally authorized representative, the client's DMH community service provider(s), or the client's case manager.

(2) Modifications shall be made in an individual service plan whenever it is determined at an annual review or at any other time, in accordance with the service planning procedures required by 104 CMR 29.00, that such a change will permit the client to receive more appropriate or less restrictive services consistent with the client's strengths, preferences, service needs and goals, or that the client no longer needs a service or services.

(3) No modification of an individual service plan shall be made without the acceptance of the client or his or her legally authorized representative unless it is determined that the modification is required:

(a) to comply with state contracting requirements (e.g., that compliance with state purchase of service regulations or other applicable contracting requirements requires a change in a service provider); or

(b) to avoid a serious or immediate threat to the health, mental health or safety of the client or other persons.

(4) The client or his or her legally authorized representative may reject and appeal a proposed or denied modification pursuant to 104 CMR 29.16. No modification under appeal may be implemented before the appeal is decided without the consent of the client, or his or her legally authorized representative, unless it is determined that the modification is required for the reasons stated in 104 CMR 29.10(3)(a) or (b).

(5) Clients may have additional remedies, including the protections enumerated under the Community Residence Tenancy Law, M.G.L. c. 186, § 17A.

(6) If the modification involves a substantial change in assessment of the client's service needs, as determined by the case manager and the client or his or her legally authorized representative, the modification may follow the procedures outlined in 104 CMR 29.09, and serve as the client's annual review. In such case, the date of the next annual review shall be calculated from the date of acceptance of the modified plan. If the modification is minor, as determined by the case manager and the client or his or her legally authorized representative, the individual service plan will be reviewed no later than 12 months from the last time the individual service plan was completed or reviewed.

Notes

104 CMR 29.10

Amended by Mass Register Issue 1368, eff. 7/1/2018.