C.M.R. 10, 144, ch. 101, ch. I, § 144-101-I-6, subsec. 144-101-I-6.04

Current through 2024-46, November 13, 2024

Subsection 144-101-I-6.04 - HOME AND COMMUNITY-BASED SETTINGS

A.General Requirements. Each home and community-based setting must have all of the following qualities, based on the needs of the Member as indicated in the Member's Person-Centered Service Plan:

This 6.04(A) provision will become legally effective on September 30, 2022, EXCEPT that, for those HCBS Settings that were approved as new settings on or after March 17, 2014, this provision is legally effective on the effective date of this rule.

(1) Is integrated in and supports full access of the Member receiving HCBS waiver services 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 waiver services;

(2) Is selected by the Member from among setting options including non disability-specific settings and an option for a private unit in a residential setting. The setting options are identified and documented in the Person-Centered Service Plan and are based on the Member's needs, preferences, and, for residential settings, resources available for room and board;

(3) Ensures the Member's rights of privacy, dignity and respect, and freedom from coercion and restraint, except restraints deployed in accordance with 34-B M.R.S. §5605(14-A) to protect the Member or others from imminent injury or in conformance with an approved behavior management program under 34-B M.R.S. §5605(13).

(4) Optimizes, but does not regiment, individual initiative, autonomy, and independence in making life choices, including but not limited to daily activities, physical environment, and deciding with whom to interact;

(5) Facilitates individual choice regarding HCBS waiver services and supports, and - from among qualified and willing MaineCare Providers - who provide them; and

(6) Complies with any and all licensing requirements.

B.Additional Requirements for Provider-Owned or Controlled Residential Settings

This 6.04(B) provision will become legally effective on September 30, 2022, EXCEPT that, for those Provider-owned or Controlled Residential Settings that were approved as new settings on or after March 17, 2014, this provision is legally effective on the effective date of this rule.

In a Provider-Owned or Controlled Residential Setting, in addition to the qualities set forth in Section 6.04(A), the following additional conditions must be met:

(1) The unit or dwelling is a specific physical place that can be owned, rented, or occupied under a legally enforceable agreement by the Member receiving services, and the Member has, at a minimum, the same responsibilities and protections from eviction that tenants have under landlord/tenant law of Maine and/or the county and/or municipality in which the unit or dwelling is located. For settings in which landlord/tenant laws do not apply, a lease, rental, or residency agreement or other form of written agreement must be executed for each HCBS participant that provides protections that address eviction processes and appeals comparable to those provided pursuant to 14 M.R.S. §§6000 - 6017.

(2) Each Member has privacy in their sleeping or living unit:

(a) Units have entrance doors lockable by the Member, with only appropriate staff having keys to doors;

(b) Members sharing units have a choice of roommates in that setting; and

(c) Members have the freedom to furnish and decorate their sleeping or living units within the lease or other agreement;

(3) Members have the freedom and support to control their own schedules and activities, and have access to food at any time;

(4) Members are able to have visitors of their choosing at any time; and

(5) The setting is physically accessible to the Member.

C.Additional Requirements for Certain Disability-Specific Settings

For the purposes of this provision, "disability-specific setting" means a non-residential HCBS setting that exclusively or primarily serves persons with a disability and that is not open to the general public. This provision applies to the following disability-specific service settings:

MCBM, Ch. II, Sec. 18 (Work Ordered Day Club House Services)

MCBM, Ch. II, Sec. 20 (Work Support Services)

MCBM, Ch. II, Sec. 21 (Community Support Services and Work Support-Group Services)

MCBM, Ch. II, Sec. 29 (Community Support Services and Work Support-Group Services)

In addition to the qualities set forth in Subsection 6.04(A), the Department may require, in Ch. II, Sections 18, 20, 21 and 29, that Disability-Specific Settings have the following qualities:

(1) the setting is physically accessible to the Member;

(2) the Member may have visitors at the setting;

(3) the Member is supported to determine the Member's activities and schedule; and

(4) the Member has the freedom to have access to food at any time.

C.M.R. 10, 144, ch. 101, ch. I, § 144-101-I-6, subsec. 144-101-I-6.04