Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services
Section 630.438 - Location Requirements for HCBS Waiver Providers

Universal Citation: 130 MA Code of Regs 130.630

Current through Register 1531, September 27, 2024

(A) Any location where HCBS waiver services are provided must comply with applicable site requirements established by DDS or MRC for the provision of HCBS waiver services. In addition, the location must be integrated in and support full access of participants receiving HCBS waiver services to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community to the same degree of access as individuals not receiving HCBS waiver services.

(B) Any location where HCBS waiver services are provided must meet all applicable requirements of 42 CFR 441.301(c)(4) (Home and Community-based Settings Rule).

(C) Any location that is owned or operated by an HCBS waiver provider where HCBS waiver services are provided must meet all applicable building, sanitary, health, safety, and zoning requirements.

(1) All HCBS waiver providers must ensure that the location in which HCBS waiver services are provided is clean, environmentally safe, free of vermin and obvious fire and chemical hazards, maintained in accordance with common fire safety practices, and of sufficient size to accommodate comfortably the number of individuals and staff it serves. Any objects or conditions that represent a fire hazard greater than that which could be expected of ordinary household furnishings is not permitted.

(2) All HCBS waiver providers must ensure that the location in which HCBS waiver services are provided is a barrier-free environment in those areas used by persons with substantial mobility impairment, to the extent necessary to permit access to the supports, services, personal, and common areas. A location is deemed barrier free, in whole or part, if it meets the applicable standards of 521 CMR: Architectural Access Board as adopted in 780 CMR: State Board of Building Regulations and Standards.

(D) Any location where day services are provided must meet the site requirements of 130 CMR 404.000: Adult Day Health Services or 419.000: Day Habilitation Program Services or the licensure/certification standards of an EOHHS agency for day services (such as Department of Developmental Services requirements at 115 CMR 7.00: Standards for All Services and Supports and 115 CMR 8.00: Certification, Licensing and Enforcement or Department of Mental Health requirements at 104 CMR 28.00: Licensing and Operational Standards for Community Programs: Subpart B) or the site requirements established by DDS or MRC for the provision of day services to participants of an HCBS waiver.

(E) Any location where residential habilitation, shared home supports, or shared living services are provided must demonstrate compliance with all applicable licensure requirements at 115 CMR 7.00: Standards for All Services and Supports and 115 CMR 8.00: Certification, Licensing and Enforcement.

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