HCBS settings rule rights modification FAQ
Rights modifications are managed by the case manager/care coordinator. If a person has a health and safety risk requiring a rights modification, contact the person’s case manager/care coordinator to ensure:
- Documentation is developed with the person and his or her person-centered planning team
- The person has been informed and consented to the rights modification.
The home and community-based services (HCBS) settings rule allows the following rights to be modified when people live in settings where they receive customized living, foster care or supported living services:
- Have personal privacy (including the use of the lock on the bedroom door or unit door)
- Take part in activities that he/she chooses and have an individual schedule that includes the person’s preferences supported by the service provider (this right can only be modified in HCBS residential settings; cannot be modified in customized living settings according to Minnesota Statutes 144D.04.)
- Have access to food at any time
- Choose his/her own visitors and time of visits.
The modification must be:
- Necessary to ensure the health, safety and well-being of the person
- Based on a specific and individualized assessed need that is justified in the support plan
- Approved by the person through informed consent.
DHS developed the following tools to assist you in the process: