Modification Or Limitation Of An Individual Service Recipient’S

RIGHTS. (1) The rights of an individual service recipient in a facility may only be modified or limited under the following conditions: (a) It is demonstrated and documented that such modification or limitation is necessary because of the individual service recipient’s physical or mental condition or inappropriate behavior; MINIMUM PROGRAM REQUIREMENTS FOR ALL SERVICES CHAPTER 0940-05-06 AND FACILITIES (b) To achieve a legitimate goal in the service recipient’s individual program plan; (c) No modification or limitation may be made solely for the convenience of staff or be more stringent than is necessary; (d) The service recipient and/or the service recipient’s legally appointed representative, as appropriate, must be fully informed of the proposed limitation or modification and must be given an opportunity to object, to propose alternatives, and to consult with family, friends, and/or advocacy agencies prior to implementation of the modifications or limitations; (e) Any modifications or limitations and the reasons therefore must be documented in the service recipient’s record; and, (f) 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).