Current through September 21, 2024
(a) All home and
community-based settings must meet the following criteria and standards:
(i) Ensure the participant's right to
privacy, dignity and respect, freedom from coercion and restraint, and receipt
of services in settings that are physically accessible to the participant shall
never be restricted.
(ii) Be
integrated in and support the participant's full access 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 as individuals not
receiving waiver services.
(iii) Be
selected by the participant from among settings options, including
non-disability specific settings. The settings options and selection shall be
identified and documented as part of the service planning process described in
Section 17 and based upon the
participant's needs and preferences.
(iv) Optimize, but not regiment, the
participant's initiative, autonomy, and independence in making life choices,
including but not limited to choices regarding daily activities, physical
environment, and with whom to interact.
(v) Facilitate the participant's choice
regarding services and supports, and who provides them.
(b) Waiver services delivered in
provider-owned or controlled residential settings shall meet the following
additional standards:
(i) The participant's
unit or dwelling must be a specific physical place that can be owned, rented,
or occupied under a lease or other legally enforceable residential agreement
where the participant has the same responsibilities and protections, including
protection from eviction that tenants have under state, county, city, or other
laws.
(ii) The participant must
have privacy in their sleeping or living unit.
(A) Units must have entrance doors that can
be locked by the participant, with only appropriate staff having keys to
doors.
(B) Participants sharing
units must have a choice of roommates in that setting.
(C) The participant must have the freedom to
furnish and decorate their sleeping or living units included within the terms
of the lease or other residential agreement.
(iii) The participant must have the freedom
and support to control their own schedule and activities.
(iv) The participant must have access to food
at any time.
(v) The participant
must be able to have visitors of their choosing at any
time.
(c) Any setting
that is located in a building that is also a publicly or privately operated
facility that provides inpatient institutional treatment, or in a building on
the grounds of, or immediately adjacent to, a public institution, or any other
setting that has the effect of isolating individuals from the broader community
of individuals not receiving CCW services will not be considered a home and
community based setting.
(d) Any
restriction of the rights established in this Section shall be supported by a
specific assessed need and justified in the service plan as described in
Section 14.
