Modification Or Limitation Of All Service Recipients’ Rights

(1) The rights of all service recipients in a facility may only be modified or limited under the following conditions: (a) It is demonstrated and documented that a legitimate program purpose cannot reasonably be achieved without such modification or limitation; (b) No modification or limitation may be made solely for the convenience of facility staff or be more stringent than is necessary to achieve the demonstrated purpose; (c) Service recipients or representatives of service recipients, as appropriate, must be fully informed of proposed facility rules, policies or procedures modifying or limiting service recipient rights, and of the reasons therefore and must be given an opportunity to object; to propose alternatives; and to consult with family, friends and/or advocacy agencies prior to their implementation; (d) Facility rules, policies or procedures which modify or limit service recipient rights must be in writing and posted in a conspicuous place. If the service recipients receive services in their homes, they and/or their legally appointed representative shall be provided with a written copy of the proposed rules, policies or procedures; and, (e) The facility is not a Medicaid-reimbursed home and community-based service (HCBS) provider required to comply with the federal home-based and community-based setting final rule, published in the Federal Register at 79 FR 2947 (January 16, 2014).