For a person with a significant disability who wants to leave an institution, independent living involves more than a change of address. The HHS rule published October 27, 2016 defined core services to include help with transitions from nursing homes and other institutions to community residences, with needed supports. It also included assistance for people at risk of entering institutions. [2016-25918]

Section 1329.4 connected that transition work to the person's own choices. It described services and supports the consumer identifies as necessary for a move, including advocacy needed to reach a home of their choosing. Other core functions included information and referral, independent-living skills training, peer counseling, and individual and systems advocacy. This was a program framework, not a promise that every requested service or residence was available. [2016-25918]

The administrative history helps explain the announcement. A November 16, 2015 proposal described transferring Independent Living Services and Centers for Independent Living from the Department of Education to HHS and consolidating their regulations. The final rule implemented changes under the Workforce Innovation and Opportunity Act within the Administration for Community Living; it set November 28, 2016 as its effective date. [2016-25918][2015-28888]

Our public-interest reading is that a service description gives people a more useful question to ask than a general promise of independence: what support would help them pursue their own goals? These two documents come from the same rulemaking chain. They explain responsibilities and services, but do not establish a new individual entitlement, a local vacancy, or evidence that anyone's transition had already succeeded. [2016-25918][2015-28888]

Source documents

  1. Independent Living Services and Centers for Independent Livinghttps://www.govinfo.gov/content/pkg/FR-2016-10-27/html/2016-25918.htm
  2. Independent Living Services and Centers for Independent Livinghttps://www.govinfo.gov/content/pkg/FR-2015-11-16/html/2015-28888.htm