New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 636 - Services And Supports For Individuals With Developmental Disabilities › Subpart 636-1 - Person-Centered Planning › Section 636-1.4 - Documentation of rights modifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Effective before October 1, 2021:
(1) This
				  section only applies to HCBS Medicaid waiver services in settings certified by
				  OPWDD. (
Note
: see section
				  633.16 
				  of this Title for documentation requirements concerning person-centered
				  behavioral intervention and section
				  633.4 
				  of this Title for documentation requirements concerning modifications of rights
				  of individuals receiving services that are not duplicated in subparagraphs
				  (2)(i)-(iv) of this subdivision.)
(2) Modifications to the rights identified in
				  subparagraphs (i)-(iv) of this paragraph of an individual receiving services in
				  a setting described in paragraph (1) of this subdivision must be supported by a
				  specific assessed need and justified in the individual's person-centered
				  service plan or other planning/service related document(s):
(i) Each individual's residence is a specific
				  physical place that can be owned, rented, or occupied under a legally
				  enforceable agreement by the individual receiving services, and the individual
				  has, at a minimum, the same responsibilities and protections from eviction that
				  tenants have under applicable landlord/tenant law. For a residence in which
				  landlord/tenant laws do not apply, there must be a lease, residency agreement,
				  or other form of written agreement for each individual that provides for
				  eviction processes and appeals comparable to those provided under applicable
				  landlord/tenant law.
(ii) Each
				  individual must have privacy in his or her residence and bedroom to the extent
				  applicable.
(a) Residences and bedrooms within
				  residences must have entrance doors lockable by the individual, with only
				  appropriate parties having keys/access to doors as needed.
(b) The individual sharing a residence or
				  bedroom must have a choice of roommates in that setting.
(c) The individual must have freedom to
				  furnish and decorate his or her residence and bedroom within the lease or other
				  agreement.
(iii) Each
				  individual must have freedom and support to control his or her own schedules
				  and activities, and must have access to food at any time.
(iv) Each individual must be able to have
				  visitors of his or her choosing at any time.
(3) The care manager must ensure
				  documentation of the following in the individual's person-centered service plan
				  or other planning/service related document(s):
(i) a specific and individualized assessed
				  need underlying the reason for the modification;
(ii) the positive interventions and supports
				  used prior to any modifications;
(iii) less intrusive methods of meeting the
				  need that were tried but did not work;
(iv) a clear description of the condition
				  that is directly proportionate to the specific assessed need;
(v) a regular collection and review of data
				  to measure the ongoing effectiveness of the modification;
(vi) established time limits for periodic
				  reviews to determine if the modification is still necessary or can be
				  terminated;
(vii) an assurance that
				  interventions and supports will cause no harm to the individual; and
(viii) the informed consent of the
				  individual.
(4) In the
				  event that a rights modification affects another individual receiving services
				  in the setting who does not require a rights modification, the care manager
				  must ensure documentation of the following in such individual's person-centered
				  service plan or other planning/service related document(s):
(i) the impact that the rights modification
				  has on the individual;
(ii) the
				  efforts taken to lessen the impact on the individual; and
(iii) the informed consent of the
				  individual.