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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:

General questions

Rights modifications (HCBS settings rule) vs. rights restrictions (245D licensing requirement)

Documenting rights modifications and using the HCBS Rights Modification Support Plan Attachment, DHS-7176H

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