---
kind: "section"
citation: "42 C.F.R. § 441.535"
title: "42"
number: "441.535"
heading: "Assessment of functional need."
url: "https://uscodex.org/cfr/42/441.535"
---

# §441.535. Assessment of functional need.


States must conduct a face-to-face assessment of the individual's needs, strengths, preferences, and goals for the services and supports provided under Community First Choice in accordance with the following:

- (a) States may use one or more processes and techniques to obtain information, including telemedicine, or other information technology medium, in lieu of a face-to-face assessment if the following conditions apply:
  - (1) The health care professional(s) performing the assessment meet the provider qualifications defined by the State, including any additional qualifications or training requirements for the operation of required information technology;
  - (2) The individual receives appropriate support during the assessment, including the use of any necessary on-site support-staff; and
  - (3) The individual is provided the opportunity for an in-person assessment in lieu of one performed via telemedicine.
- (b) Assessment information supports the determination that an individual requires Community First Choice and also supports the development of the person-centered service plan and, if applicable, service budget.
- (c) The assessment of functional need must be conducted at least every 12 months, as needed when the individual's support needs or circumstances change significantly necessitating revisions to the person-centered service plan, and at the request of the individual.
- (d) **Other requirements as determined by the Secretary.**

## Notes

### Source

Source: 77 FR 26898, May 7, 2012, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45229, Sept. 29, 1978, unless otherwise noted.