Section 480-2-004 - REQUIREMENTS APPLICABLE TO ALL MEDICAID HOME AND COMMUNITY-BASED SERVICES (HCBS) WAIVER SETTINGS In addition to the participant rights outlined in 480 NAC 3-000, and requirements outlined in each service specific section each provider must ensure that their setting affords each participant, specific person-centered opportunities.
004.01INTEGRATION AND ACCESS. The setting must be integrated in and support full access of individuals receiving Medicaid Home and Community-Based Services (HCBS) to the greater community, including opportunities to seek employment and work in competitive integrated settings based on services offered or available under each Waiver, engage in community life, control personal resources, and receive services in the community, to the same degree of access as individuals not receiving Medicaid Home and Community-Based Services (HCBS).004.02PARTICIPANT CHOICE. The setting must be selected by the participant from among setting options including non-disability specific settings and an option for a private unit in a residential setting. The settings options must be identified and documented in the personcentered service plan and be based on the individual's needs, preferences and, for residential settings, resources available for room and board.004.03PARTICIPANT RIGHT TO PRIVACY. The setting must ensure a participant's rights of privacy, dignity, respect, and freedom from coercion and restraint.004.04PARTICIPANT INDEPENDENCE. Each participant must have the opportunity to optimize individual initiative, autonomy, and independence. The setting must optimize, but not regiment, individual initiative, autonomy, and independence in making life choices including but not limited to, daily activities, physical environment, and interactions with individuals of the participant's choice.004.05FACILITATION OF CHOICE. The setting must facilitate individual choice regarding services and supports, and who provides them.480 Neb. Admin. Code, ch. 2, § 004
Adopted effective 10/3/2021