13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements

What this rule requires your agency to do

• 1HCBS providers must certify in writing on MMAC forms that they understand and will comply with the setting requirements; refusal results in denial of enrollment.(13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements)
• 2HCBS settings must be integrated in and support full access to the greater community to the same degree as individuals not receiving HCBS, based on the person-centered service plan.(13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements)
• 3Noncompliant enrolled providers are subject to sanctions per 13 CSR 70-3.030, including written notice, a transition plan within 45 calendar days, and remediation complete within 120 days.(13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements)
• 4The setting must ensure rights of privacy, dignity, respect, and freedom from coercion and restraint, and facilitate individual choice of services and providers.(13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements)
• 5Provider-owned/controlled residential settings must provide unit privacy including lockable entrance doors (only appropriate staff have keys), choice of roommates, and freedom to furnish/decorate.(13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements)
• 6Any modification of the residential setting conditions must be supported by a specific assessed need and justified in the person-centered service plan with documented less-intrusive attempts, informed consent, time limits, and regular review.(13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements)
• 7The setting must be selected by the individual from options (including non-disability-specific settings and the option of a private unit), documented in the person-centered service plan.(13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements)
• 8Provider-owned/controlled residential settings must give each individual a legally enforceable agreement with at least the same eviction protections as tenants under Missouri landlord/tenant law.(13 CSR 70-3.290 Home and Community-Based Services Waiver Setting Requirements)