HCBS State Transition Plan Provider Guidance — Q3 July 2026 (HCBS Settings Rule Provider Guidance Manual)

What this rule requires your agency to do

• 1The provider must ensure all rights modifications are implemented in the least restrictive manner necessary and provide support to reduce or eliminate the need for the modification (§613).(HCBS State Transition Plan Provider Guidance — Q3 July 2026 (HCBS Settings Rule Provider Guidance Manual))
• 2Providers must ensure members' HCBS Settings Rule rights are honored, including privacy in the sleeping/living unit, entrance doors lockable by the person (only appropriate staff having keys), choice of roommates, freedom to furnish/decorate within the lease, control of their own schedules and access to food at any time, and visitors of their choosing at any time (§611).(HCBS State Transition Plan Provider Guidance — Q3 July 2026 (HCBS Settings Rule Provider Guidance Manual))
• 3For any rights modification, the provider must document and provide to the case manager for inclusion in the person-centered plan: positive interventions used prior to the modification, less-intrusive methods tried that did not work, regular data collection and review measuring effectiveness, established time limits for periodic reviews, and an assurance the interventions will cause no harm (§613.3-.7).(HCBS State Transition Plan Provider Guidance — Q3 July 2026 (HCBS Settings Rule Provider Guidance Manual))
• 4Any modification of a member's HCBS rights must be supported by a specific individualized assessed need and documented in the person-centered plan/Care Path/ISP (§611.8, §613).(HCBS State Transition Plan Provider Guidance — Q3 July 2026 (HCBS Settings Rule Provider Guidance Manual))
• 5Providers must design care plans based on individual assessed needs rather than what is economical or standardized to others in the same setting (§612).(HCBS State Transition Plan Provider Guidance — Q3 July 2026 (HCBS Settings Rule Provider Guidance Manual))