Informed choice is a core principle of the VR program. It means that applicants and eligible individuals have the information, support, and opportunity needed to make meaningful decisions throughout the VR process.
Informed choice applies to decisions about assessments, employment goals, VR services, service providers, service settings, procurement methods, and other aspects of the VR process. It is not a one-time event or a signature on a form. It is an ongoing process of engagement, information sharing, counseling, and decision-making.
Requirements in Laws and Regulations:
Section 102 of the Rehabilitation Act requires that the IPE be developed and implemented in a manner that affords eligible individuals the opportunity to exercise informed choice.
34 CFR § 361.52 requires VR agencies to implement policies and procedures that enable individuals to exercise informed choice throughout the VR process.
The regulation requires VR agencies to:
- Inform each applicant and recipient of services about the availability of informed choice.
- Assist applicants and recipients in exercising informed choice in assessment services.
- Develop flexible procurement policies and methods that facilitate meaningful choice.
- Assist eligible individuals in acquiring information needed to choose:
- Employment outcome.
- Specific VR services.
- Service providers.
- Employment setting.
- Service settings.
- Methods for procuring services.
When assisting an individual to choose services and providers, the agency must provide or help the individual acquire information about:
- Cost, accessibility, and duration of services.
- Consumer satisfaction, when available.
- Qualifications of service providers.
- Types of services offered.
- Degree to which services are provided in integrated settings.
- Outcomes achieved by individuals working with providers, when available.
Considerations:
Informed choice does not mean the agency must fund any service, provider, or employment goal requested by an individual. Choices must be consistent with the Rehabilitation Act, implementing regulations, the approved State Plan, agency policies, fiscal requirements, and the purpose of the VR program. However, agencies must avoid practices that unnecessarily restrict choice or substitute agency preference for individualized decision-making.
VR agencies should be aware of the following common issues with implementing informed choice:
- Treating informed choice as a form rather than a process.
- Providing too little information about provider options.
- Maintaining provider lists without useful information about accessibility, qualifications, outcomes, or consumer satisfaction.
- Steering individuals toward familiar providers.
- Failing to document discussions of options.
- Limiting choices based on administrative convenience.
- Not providing communication supports needed for meaningful choice.
- Confusing informed choice with unlimited choice.
Effective Practices:
Effective informed choice practices include:
- Discussing informed choice at application, eligibility, IPE development, service selection, provider selection, plan amendment, and closure.
- Providing accessible information about service options and providers.
- Maintaining up-to-date provider information, including location, accessibility, service type, qualifications, languages, specialties, performance, and consumer satisfaction.
- Using decision aids, comparison charts, and plain language explanations.
- Documenting options discussed, information provided, individual preferences, and the rationale for decisions.
- Training staff to provide counseling and guidance without steering or bias.
- Ensuring individuals with cognitive, communication, or psychiatric disabilities have support to exercise informed choice.
- Reviewing procurement policies to ensure they permit meaningful choice among qualified providers.
- Gathering and using consumer satisfaction and outcome data to support provider selection.
- Engaging families, representatives, advocates, or supported decision-making resources when appropriate and desired by the individual.
Applicable Laws and Regulations:
- Section 102 of the Rehabilitation Act — IPE and informed choice requirements
- 34 CFR § 361.52 — Informed choice
- 34 CFR § 361.45 — Development of the individualized plan for employment
- 34 CFR § 361.46 — Content of the individualized plan for employment
- 34 CFR § 361.50 — Written policies governing the provision of services
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