§333F-8  Rights of persons withdevelopmental disabilities or mental retardation.  (a)  Persons withdevelopmental disabilities or mental retardation shall have the followingrights:

(1)  To receive the least restrictive, individuallyappropriate services, including a program of activities outside the residencein accordance with the person’s individualized service plan;

(2)  To reside in the least restrictive, individuallyappropriate residential alternative located as close as possible to theperson’s home community within the State;

(3)  To the extent it is individually appropriate asdecided after due consideration afforded the preferences of the person withdevelopmental disabilities or mental retardation, to:

(A)  Interact with persons without disabilitiesin a nontreatment, nonservice-oriented setting;

(B)  Live with, or in close proximity to,persons without disabilities; and

(C)  Live in a setting which closelyapproximates those conditions available to persons without disabilities of thesame age;

(4)  To reasonable access to review medical, service,and treatment files and to be informed of diagnoses;

(5)  To develop a plan with the input of family andfriends that identifies the supports needed to accomplish the plan rather thanpurchase a program;

(6)  To control, with the help of family and friendsas necessary, an identified amount of dollars to accomplish the plan;

(7)  To direct the provision of resources, both paidand unpaid, that will assist an individual with a disability to live a life inthe community rich in community association and contribution;

(8)  To a valued role in the community throughemployment, participation in community activities, volunteering, includingbeing accountable for spending public dollars in ways that are life enhancing;and

(9)  To privacy and confidentiality, to the extentpossible, in connection with services provided to the person.

(b)  Rights listed in this chapter shall not beconstrued to replace or limit any other rights, benefits, or privileges, includingother statutory and regulatory due process rights and protections, to which aperson with a developmental disability or mental retardation may be entitled.

(c)  The enumeration or granting of theserights does not guarantee the provision of services. [L 1987, c 341, pt of §2;am L 1995, c 189, §7; am L 1998, c 133, §4]