New Rules about Home and Community Based (HCB) Settings
New federal rules say that community settings (including assisted living and group homes & day and work programs) must give people choice, privacy, and independence. People also have a right to have a say in their planning and to be included into their communities.
What Do the New Rules Say?
The new federal rules say that HCB settings and services:
- Must be integrated in and support full access to the greater community;
- Are selected by the person from among setting and service options;
- Make sure peoples’ rights to privacy, dignity and respect, and freedom from coercion and restraint are protected;
- Maximize support of peoples autonomy and independence in making life choices; and
- Support choice regarding services people get and who provides them.
Are There Rules About Group Homes and Assisted Living?
Yes. If the provider owns or controls the setting, then the provider must make sure that people who live there:
- Have a lease or other legally enforceable agreement providing similar protections;
- Have privacy in their unit including lockable doors, choice of roommates and freedom to furnish or decorate the unit;
- Can control their own schedule including access to food at any time;
- Can have visitors at any time; and that
- The setting is physically accessible.
(any exceptions must be justified by individual need and be in the person’s IPP or care plan)
Which Settings Are Not Covered by the New Rules?
- Settings and services that are not HCBS settings: nursing facilities, IMDs, ICF-DDs, and hospitals.
- Some places that people live are “presumed to have institutional qualities”, and the State must show that they are in fact HCB. These are:
- in a publicly-owned or privately owned facility that provides inpatient treatment;
- on the grounds of, or immediately adjacent to, a public institution; or
- that have the effect of isolating people receiving Medicaid-funded HCBS from the broader community
The State needs to hear your stories, examples and input about the quality of the services that people with disabilities are getting and if their rights are being respected. Please act now!
THERE IS ONLY A LITTLE TIME
How Do I Give the State My Input?
There are 2 ways!
The first way is:
- Complete the survey at this link and submit it to Disability Rights California by OCTOBER 15! You can submit it to us electronically using the link below or the QR Code at the top of this page
OR, you can print out the survey and mail or fax it to us at:
Disability Rights California, HCBS Transition Plan
1300 Broadway, Suite 500
Oakland, CA 94612
The second way is:
- By October 19, 2014 send an email directly to STP@dhcs.ca.gov, and give them your opinion about:
a) Whether you have choice, independence and privacy in your group home or day activity. If not, give some examples. Some things we have heard in the past are:
– “I am only allowed visitors on certain days”
– “I have to eat at the same time as the group, and I am not allowed to choose what I want for dinner”
– “When I want to go shopping, I have to wait for a certain day when everyone in my home goes together”
– “I would like to work at a store, but I was told I have to work at the workshop instead”
– “I have to share a room, but I really want my own room”
– “There are ‘house rules’ that I have to follow”
- b) Also, you can tell the State that when they visit or review settings to see if they meet the new rules, you want the chance to assess your own home and/or work/day program.
- c) Tell the state if you want the State assessment team to visit your home and/or work/day program.
Make sure you include your name and the name of the home or day program you are talking about.
For more information, please contact: Marinda Reed (916) 504-5800