Sources
Sources behind this course
Each lesson lists the sources it uses. Open the original for the exact rule, form or instruction that applies to your work. The source library describes each one in more detail.
42 CFR 441.301, contents of request for a waiver
The qualities every home and community-based setting must have, the added conditions in provider-owned or controlled residential settings, how those conditions may be modified, the settings that are not home and community-based, and the grievance system.
Where to look: Paragraphs (c)(4)(i) to (vi), (c)(5), (c)(2)(xiii) and (c)(7).
Open section 441.301 on eCFRApplication for a 1915(c) HCBS Waiver, CA.0431.R04.00 (the Assisted Living Waiver, from March 1, 2024)
The approved ALW waiver, including how ALW settings meet and keep meeting the federal settings requirements, and the safeguards on restraints, restrictive interventions and seclusion.
Where to look: Appendix C-5 (Home and Community-Based Settings) and Appendix G-2 (restraints, restrictive interventions and seclusion).
Open the ALW waiver application (PDF)Assisted Living Waiver Individual Service Plan Desk Guide (August 2024)
How a care coordinator documents a rights modification in the ALW ISP, which rights can be modified, who implements and who monitors, and the Patient's Rights Form.
Where to look: Rights Modifications (pages 29 to 32) and the Patient's Rights Form (pages 33 to 35).
Open the DHCS ISP Desk Guide (PDF)Statewide Transition Plan for Compliance with Home and Community-Based Settings Rules (June 2023)
California's plan for bringing HCBS settings into line with the federal rule: the ALW on-site assessments and remediation, relocation and notice, ongoing monitoring, complaints, and the review of RCFE rules against each settings requirement.
Where to look: ALW and HCBA Waiver sections (pages 29 to 32 and 39 to 40), Monitoring and Oversight (pages 45 to 48), and Appendix B, the RCFE table (pages 189 to 206).
Open the DHCS Statewide Transition Plan (PDF)Health and Safety Code section 1569.269
The personal rights of residents of residential care facilities for the elderly, including privacy, dignity, daily choices, freedom from coercion and retaliation, room and roommate choices, visitors, possessions and eviction protections.
Where to look: Subdivision (a), paragraphs (1) to (31), and subdivisions (c) and (e).
Open section 1569.269