TITLE 89: SOCIAL SERVICES
CHAPTER I: DEPARTMENT OF PUBLIC AID
SUBCHAPTER a: GENERAL PROVISIONS
PART 102 RIGHTS AND RESPONSIBILITIES
SECTION 102.40 FREEDOM OF CHOICE


 

Section 102.40  Freedom of Choice

 

a)         Aid to the Aged, Blind or Disabled (AABD), AFDC and Medical Assistance-No Grant (MANG)

 

1)         Individuals shall have the right to receive assistance, if eligible, under the assistance program of their choice. Individuals may choose at any time not to receive assistance for which they are eligible.

 

A)        An individual who is eligible for AFDC and Supplemental Security Income (SSI) shall not receive both, but may choose between the programs.

 

B)        An individual who is eligible for AFDC and AABD shall not receive both, but may choose between the programs.

 

2)         An individual may accept or reject any or all social services offered to him by the Department.  Exceptions shall only be made when:

 

A)        It appears that a child may be in need or protective services;

 

B)        Employment, education or training services are a condition of eligibility; or

 

C)        The client is not capable of exercising such choice because of serious mental or physical impairment, and there is no relative or other responsible person available or willing to do so for the client.

 

3)         An individual receiving assistance shall be entitled to a choice of physicians, hospitals, or other providers of goods and services.  Payment shall be made only to providers who are approved for participation in the Department's programs.

 

4)         An individual shall have choice of living arrangements and the Department may not impose upon a client a change in living arrangements.

 

b)         General Assistance (GA) and Aid to the Medically Indigent (AMI)

 

1)         An individual shall have the right to accept or reject services offered.  Acceptance of services is not to be a condition of eligibility except in cases for which employment, education or training service referrals are mandatory.

 

2)         An individual receiving assistance shall be entitled to a choice of physicians, hospitals, or other providers of goods and services.

 

3)         An individual shall have a choice of living arrangements, and the local office has neither the right nor the responsibility to impose upon a client a change in living arrangements.

 

4)         An individual may choose at any time not to receive assistance for which eligibility has been determined.

 

c)           Food Stamps

Any person or group of persons has the right to apply for food stamps at any given time.