Mississippi Administrative Code
Title 24 - Mental Health
Part 2 - Operational Standards for Mental Health, Intellectual/Developmental Disabilities, and Substance Use Community Service Providers
Chapter 30 - Residential Services for People with Intellectual/Developmental Disabilities
Rule 24-2-30.2 - Behavioral Supervised Living

Universal Citation: MS Code of Rules 24-2-30.2

Current through September 24, 2024

A. Behavioral Supervised Living is not a separate service than Supervised Living Services but allows an increased reimbursement rate for persons enrolled in ID/DD Waiver with significant behavioral issues. Additional eligibility requirements for persons who receive this level of support and requirements for Supervised Living Services settings to receive the increased reimbursement rate are outlined in this section. Rule 30.1 Supervised Living Services for people with intellectual/developmental disabilities service components and Rule 30.4 Environment and Safety for Supervised Living Services for people with intellectual/developmental disabilities applies to Behavioral Supervised Living.

B. Behavioral Supervised Living provides a level of service intended to support people with high frequency disruptive behaviors that pose serious health and safety concerns to self or others, including destructive behaviors that may or will result in physical harm or injury to self or others. To receive Behavioral Supervised Living, there must be a documented history of the behavior(s) listed below that is likely to re-occur without supervision and structure in the person's living arrangement. Behavioral Supervised Living must receive prior approval by the DMH Bureau of Intellectual/Developmental Disabilities and Specialized Needs Committee.

C. In order to provide Behavioral Supervised Living, a provider must first be approved to do so by the Bureau of Intellectual/Developmental Disabilities (BIDD). The following must be submitted through the Division of Certification:

1. Documentation and procedures to ensure the required team members are available to perform required duties. Refer to Rule 11.4.C.

2. Documentation and procedures for how the team will address requirements for each Behavioral Supervised Living site.

3. Documentation and procedures describing that all staff in each approved home have the required training.

4. Documentation and procedures describing how trained staff coverage for the home, dependent upon the needs of the person/people receiving Behavioral Supervised Living and others who may be living in the home, will be provided.

D. Documentation supporting that the person requires the level of support offered in Behavioral Supervised Living is gathered by the Supervised Living Services provider and Support Coordinator or Transition Coordinator and submitted to the DMH Specialized Needs Committee for eligibility determination.

E. Eligibility Criteria for each person include a documented history of behavior(s) listed below that is likely to reoccur without supervision and structure in the person's living arrangement:

1. Acts as a person who may have or have caused great emotional harm to self or others;

2. Inability of a person to control behaviors to the extent it impedes his/her day-to-day functioning at home, in a community living arrangement and/or at a day service;

3. The person engages in self-injurious behaviors that cause him/her to harm him/herself because of both internal and external stimuli; and,

4. One-to-one (1:1) staffing hours are necessary to ensure the health and safety of the person and/or others.

F. The Behavior Supervised Living provider must consider compatibility with other person(s) living in the home. The person receiving a higher level of support must not pose a threat to others living in the home.

G. Behavioral Supervised Living Personnel Training

1. All employees who have any direct contact with the person must be MANDT © certified or hold another nationally recognized certification approved by DMH. The certification must be obtained before the employee can begin working with the person.

2. All employees working with the person must receive timely person-specific training before the person moves into the home. If a person is already living in the supervised living arrangement, the Behavior Consultant and/or Behavior Interventionist will train/re-train employees once the Behavior Support Plan is developed.

3. Documentation of Employee Training
(a) Documentation of MANDT © or other nationally recognized training must be in the personnel record.

(b) Documentation of person-specific training must be signed and dated by the employees receiving the training as well as the person providing the training. For

people moving from an institution, employees that have been serving the person may provide the training.

4. Documentation Requirements for Behavioral Supervised Living
(a) The Behavior Consultant must begin the Functional Behavioral Assessment (FBA) upon notification from the Support Coordinator that Behavioral Supervised Living has been approved for the person. The Functional Behavioral Assessment must be completed within fifteen (15) days of the notification of approval for the person to begin Behavioral Supervised Living. The Behavior Support Plan must be completed within fifteen (15) days of the completion of the Functional Behavioral Assessment. A Ph.D. Psychologist or Licensed Behavior Analyst must review and approve the Functional Behavior Assessment and Behavior Support Plan.

(b) Service Notes must reflect the person's and the employee's activities throughout the day, with at least one (1) entry every two (2) hours while the person is awake and in the home. Overnight entries can be every four (4) hours. Service Notes must also reflect when and the amount of time a person receives one-to-one (1:1) staffing.

(c) Data must be collected as directed by the Behavior Consultant.

(d) There must be quarterly review reports that reflect the supports provided and the amount of progress made during each quarter. Based on data gathered during each quarter, the Behavior Consultant composes a report that reflects target behavior(s), medication changes, information about Behavior Support Plan implementation, and narrative information about baseline data, data from the previous quarterly review report, and narrative information about the current quarter's data.

(e) The quarterly review report must include the next steps to be taken in implementation of the Behavior Support Plan. Next steps could include actions such as continuing with the Behavior Support Plan as it is written or modifying it to meet any changing needs. Modifications can be made to the intervention, intervention techniques, target behaviors, training needs, timelines, etc.

(f) A Ph.D. Psychologist or Licensed Behavior Analyst must be available for consultation when adjustments to the Behavior Support Plan are needed.

H. Provider responsibilities for services provided away from the Behavioral Supervised Living Home

1. The agency provider must be prepared to send employees with the person to his/her day activities in order to ensure continuity for the person. The Behavior Consultant and/or Interventionist must train employees wherever the person is during the day how to manage behavior(s) that are identified in the Behavior Support Plan. This is true even if the agency provider of Day Services is different than the agency provider of Behavioral Supervised Living. As long as the person is in Behavioral Supervised Living, it is the responsibility of the agency provider to ensure the Behavior Support Plan is implemented where the person goes during the day. This can be done by the Behavior Consultant/Interventionist or direct care personnel, depending on the situation.

2. Once employees have been trained and the identified behavior(s) begin to mitigate, the Behavioral Supervised Living personnel can be faded. However, the situation must be monitored. If changes in the person's behavior(s) occur, Behavioral Supervised Living personnel must return to the setting where the behaviors are occurring and either retrain employees or revise the Behavior Support Plan.

I. Ongoing Review of Need for Behavioral Supervised Living

1. The DMH Specialized Needs Committee will determine the need for ongoing Behavioral Supervised Living at least annually.

2. The following documentation must be submitted to the person's Support Coordinator within ninety (90) days of the end of a person's certification period. The Support Coordinator will submit the documentation to the DMH Specialized Needs Committee within five (5) days of receipt of all required documentation. All documentation must be received by the Support Coordinator at one (1) time; partial submissions of required information will not be accepted.
(a) Service Notes (previous three [3] months)

(b) Serious Incident reports (previous six [6] months)

(c) Behavior reports (previous six [6] months)

(d) Functional Behavior Assessment (for 1st annual review)

(e) Behavior Support Plan (for 1st annual review)

(f) Quarterly Review reports (previous two [2] quarters)

(g) Documentation of employee training MANDT& copy; or other approved training certificates for all employees and as well as person-specific training

J. Use of Other Behavior Services

1. People who receive Behavioral Supervised Living cannot also receive Behavior Support or Crisis Intervention Services. The goal is for the agency provider's Behavioral Supervised Living Team to be able to resolve/mitigate issues/behaviors where the person lives/receives day services. Alternate living arrangements may be used for short-term purposes.

2. If the issue is determined to be a medication issue which requires Medical Intervention, Crisis Support may be considered. There must be adequate supporting documentation, and it must be approved by the Bureau of Intellectual/Developmental Disabilities.

3. Crisis Support should be the last resort.

Section 41-4-7 of the Mississippi Code, 1972, as Amended

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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