Code of Massachusetts Regulations
115 CMR - DEPARTMENT OF DEVELOPMENTAL SERVICES
Title 115 CMR 7.00 - Standards For All Services And Supports
Section 7.04 - Standards for Services and Supports
Universal Citation: 115 MA Code of Regs 115.7
Current through Register 1531, September 27, 2024
(1) All providers shall provide supports and services in ways that promote the following outcomes within the context and location of those supports and services and in accordance with the individual's ISP, the provider's mission statement, the Department's mission statement, and 115 CMR:
(a)
Protection and
Affirmation of Rights and Dignity. Protection and affirmation of
the rights and dignity of individuals, including, but not limited to, respect
of the individual, support of an individual's culture and religion, freedom of
movement at home and in the workplace or day program, privacy, appropriate and
timely assistance to the individual with decision-making, support of the
individual in exercising his or her rights, and provision of safeguards
whenever limitations are imposed.
(b)
Individual Choice and
Control. Opportunities for exercising choice and control in all
aspects of an individual's life by providing the education and supports to
enable the individual to make informed decisions, and by promoting an
environment and culture where the individual's opinions are listened to and
treated seriously.
(c)
Community Membership. Opportunities to participate in,
be integrated into, and contribute to the life of their community through:
1. education and supports to assist
individuals to participate in recreational, social, and leisure activities
outside of the home in integrated settings with neighbors, other people in the
community, and consistent with the needs, desires, and choices of each
individual;
2. access to the same
services and resources used by neighbors and other people in the
community;
3. a home offered by a
residential supports provider that is part of a neighborhood, village, or
community and with general design features, layout, and style of decor that
would not stigmatize or devalue the individual. The home should offer the
individual safety, refuge, rest, satisfaction, and enable the individual to
exercise control and be at ease in the home; and
4. work in settings arranged by the provider
of employment supports that maximize integration with other people in the
community and with general design features that do not emphasize the supports'
separateness or difference.
(d)
Relationships.
Supports that help individuals to develop and sustain varied and meaningful
relationships with family, friends, neighbors and co-workers. The supports
shall include education and assistance to help the individuals form
friendships, express intimacy and sexuality in an appropriate, healthy and safe
manner, and prepare individuals to receive visitors.
(e)
Skill Acquisition and
Accomplishments. Assessment, training, education, supports and
services necessary for the individual to meet the goals in the individual's
ISP, to acquire skills that increase self-reliance and that are necessary to
achieve desired and valued outcomes
1. For
providers of residential supports and individualized home supports, the
supports and services include skills training and supports to maximize an
individual's independence and performance of household activities and routines,
participation in community recreational, cultural and leisure activities, and
opportunities to maintain or expand their relationships with family and
friends.
2. For providers of
employment supports, the supports and services include supports to explore and
develop work skills, to obtain and maintain paid work in integrated work
settings, and the supports to help individuals on a pathway to employment by
developing the skills to secure work.
3. For providers of day supports, the
services and supports include help that will enable the individual to explore
their work, leisure, and community interests, and to participate in their
preferred activities.
(f)
Health, Safety, and Economic
Security. That the sites where supports and services are provided
are safe; individuals are protected from abuse, neglect and mistreatment;
health care services meet the needs of the individual; personal funds of
individuals are safeguarded; and the individual is assisted in maximizing
economic resources to meet his or her needs. Included are the requirements that
the provider:
1. promote optimal health of the
individual by arranging for coordinated routine, preventive, specialty, and
emergency health care, professional clinical services; make first-aid supplies
available; and assure prompt and appropriate response by staff to emerging
health care issues;
2. comply with
the Department's requirements governing the storage and use of prescription and
over the counter medication as specified in
115
CMR 5.00: Standards to Promote Dignity
and the Department's guidelines;
3. store, prepare and serve food in a clean,
safe, nutritious, tasteful, and appetizing manner and for each individual to
have regularly nourishing and well-balanced meals. The meals must be provided
at least three times a day including one in the morning, one in the afternoon
and one in the evening and be chosen by the individual unless there is
documentation from a physician that the frequency, amount, texture or type of
meal is medically contraindicated for the individual;
4. provide for the safety and well-being of
individuals in both home, day and work environments, including implementation
of the safety plan in accordance with
115 CMR
7.06;
5. provide site based supports and services
in a physical setting that meets all applicable local, state, and federal
requirements pertaining to building construction, sanitation, health, safety,
occupational health, and zoning;
6.
comply with the applicable environmental requirements of
115 CMR
7.07;
7. prevent abuse and neglect, and comply with
all applicable local, state, and federal reporting requirements;
8. comply with state and federal wage-hour
requirements when individuals engage in any work which must be compensated;
and
9. support each individual to
obtain personal possessions, including an adequate supply of fashionable,
seasonal clothing as necessary for the individual's health and comfort and
consistent with the individual's choice and preferences, and assist each
individual to maintain his or her clothing in a clean and well-kept
manner.
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