HCBS Final Rule Federal Requirements List

The HCBS Final Rule has been broken down into ten regulation language categories for  better understanding as follows: 

Federal Requirement #1 – Access to the Community

The setting/service is integrated in and supports 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 of access as individuals not receiving HCBS Final Rule services.

 

 Federal Requirement #2 – Choice of Setting

The setting/service is selected by the participant from among various options, including non-disability specific options and an option for a private room in a residential setting. The options are identified and documented in the Participant’s Program Plan and are based on the participant’s needs, preferences, and, for residential settings, resources available for room and board.

 Federal Requirement #3 – Right to be Treated Well

The setting/service ensures a participant’s rights of privacy, dignity, respect, and freedom from coercion and restraint.

 Federal Requirement #4 – Independence

The setting/service optimizes but does not regiment participants initiative, autonomy and independence in making life choices, including daily activities, physical environment and with whom to interact.

 Federal Requirement #5 – Choice of Services and Supports

 

 The setting/service facilitates participants choices regarding services and supports, and who provides them.

 Federal Requirement #6 – Residential Agreement (Residential Settings Only)

 A lease, residence agreement or other form of written agreement is in place for each participant and the document provides protections that address eviction processes and appeals comparable to those provided under the jurisdiction’s landlord tenant law.

 Federal Requirement #7 – Privacy (Residential Settings Only)

 Participants have privacy in his/her sleeping or living unit:

 Federal Requirement #8 – Schedules and Access to Food (Residential Settings Only)

 Participants have the freedom and support to control their own schedules and activities and have access to food at any time.

 Federal Requirement #9 – Rights to Visitors (Residential Settings Only)

 Participants should be able to have visitors of their choosing at any time.

 Federal Requirement #10 – Accessibility (Residential Settings Only)

 The setting is physically accessible to the participants.

 

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