Decision guide
Can the home put this limit on a resident in place?
Is the limit a house rule for all residents, rather than a limit for one person?
This guide helps a home and a CCA check a proposed limit. It does not decide whether a modification is allowed: the ISP goes to DHCS, and DHCS direction and your licensing rules govern.
Step through it one question at a time: alwbeta.com/training/courses/hcbs-settings-rule#decision-guide
Lesson 1
What the settings rule asks of every ALW home
Every ALW home is a home and community-based setting under federal law. Before you admit, plan for or review a participant, you need the rule's basic qualities in mind. This lesson names them, so you can tell a home-like setting from one with the qualities of an institution.
- Full community access, to the same degree as people without HCBS
- The person picks the setting; the plan records the options
- Privacy, dignity, respect; no coercion or restraint
- Support choices; do not regiment the day
- Isolating or institution-linked settings are presumed institutional
Lesson: alwbeta.com/training/courses/hcbs-settings-rule#lesson-hcbs-what-the-rule-asks
Lesson 2
Daily life: schedule, food, visitors and freedom from coercion
Most settings problems show up in ordinary routines: a locked kitchen, a visiting cutoff, a lost privilege. This lesson prepares you to decide whether a house routine respects each person's rights, or limits a right that only the person-centered plan can limit.
- Each person controls their own schedule, with support
- Food at any time: there is a way to eat after meals
- Visitors of their choosing at any time; licensing hours are a floor
- No punishment, threats or retaliation for using a right
- No restraints or seclusion; a chemical restraint needs a prescription and the ISP
- Privacy in care, visits and calls
Lesson: alwbeta.com/training/courses/hcbs-settings-rule#lesson-hcbs-daily-life-rights
Lesson 3
The person's own unit and the written agreement
In a provider-owned or controlled home, the rule adds conditions about the person's own room and the agreement that lets them live there. This lesson prepares you to check a unit and an admission agreement against those conditions before a participant moves in, and again at each review.
- A door she can lock; keys only to appropriate staff
- A choice of roommate in a shared unit
- Furnish and decorate within the agreement
- A written agreement with eviction protections comparable to tenant law
- Evictions only on grounds state law lists; no waiver of rights
- Physical access to her own space cannot be modified
Lesson: alwbeta.com/training/courses/hcbs-settings-rule#lesson-hcbs-unit-and-agreement
Lesson 4
Modifying a right through the person-centered plan
Sometimes a home says it cannot serve a person safely unless one setting condition is limited. You decide whether a limit can be made at all, and what the person-centered plan must show first. This lesson sets out the steps, and who does each one.
- One person, one assessed need; a diagnosis alone is not enough
- Positive supports and less intrusive methods first, documented
- A limit proportionate to the need, with data and review dates
- Informed consent and a no-harm assurance
- Provider implements; CCA monitors monthly; update the Patient's Rights Form
- No consent and the home cannot serve: help find another provider
Lesson: alwbeta.com/training/courses/hcbs-settings-rule#lesson-hcbs-modifying-a-right
Lesson 5
How the state checks settings, and where concerns go
Compliance is not settled once a home enrolls. DHCS checks at enrollment and again on audits, and people can raise concerns at any time. This lesson prepares you to answer an audit finding, act on it, and tell a participant or family where a concern can go.
- New homes: desk review and on-site readiness review before enrolling
- Audits: site, staff and participant interviews, case files with modifications
- Noncompliance: enrollment restriction and a CAP until fixed
- Home will not comply: notice, transition plan, the participant chooses
- Concerns: compliance inbox, voicemail or letter; CCAs must report
- Grievances any time; no retaliation; ombudsman and CDSS contacts
Lesson: alwbeta.com/training/courses/hcbs-settings-rule#lesson-hcbs-state-monitoring