Illinois Department of Human Services
Division of Developmental Disabilities
Information Bulletin
DD.24.009
Purpose:
This Information Bulletin (IB) outlines the requirement that providers will ensure that all individuals who live in a waiver-funded Home and Community Based Services (HCBS) setting have the right to furnish and decorate their sleeping and public spaces in their living units within the lease or rental agreement. This includes individuals receiving services in individually controlled Community Integrated Living Arrangements (CILAs), provider owned/controlled CILAs, Child Group Homes (CGHs), Community Living Facilities (CLFs) of 16 residents or fewer.
Background:
The Centers for Medicare and Medicaid Services (CMS) has specific rights that must be afforded individuals living in settings funded by the HCBS waiver, regardless of the setting type. Among those rights is the expectation that waiver participants are assured the right to furnish and decorate their sleeping and/or living units within the lease, rental or residency agreement.
Details of the HCBS Settings Rule requirements may be reviewed at 42 CFR §441.301(c)(4)(i-v) and include:
11d) Individuals have the freedom to furnish and decorate their sleeping and living units within the lease or rental agreement.
Policy:
Right to Furnish and Decorate Their Sleeping and Living Unit within the Lease or Rental Agreement
Individuals have the right to furnish and decorate their sleeping and living unit within the lease or rental agreement. There are no exceptions to this part of the Settings Rule and therefore, there should never be a modification in an individual's Personal Plan or Implementation Strategy regarding individual freedom to furnish and decorate their sleeping and living unit.
All providers must have a policy affirmatively stating that individuals have the right to furnish and decorate their sleeping and living units within the lease or rental agreement and staff must be trained on the policy and the underlying concept.
Implementation:
Providers must work with individuals they serve to determine their interests and preferences regarding decorating/furnishing their bedroom/living unit. Often, an involved parent, guardian or friend will assist the individual in purchasing or otherwise making available items the individual would like to have in their bedroom or home. In situations where there is no involved parent, guardian or friend, the provider is required to assist the individual in finding items that reflect their interests and preferences, such as bedding in a favorite color or wall posters of a favorite musician or actor. Even small things like a signed baseball from a favorite team to sit on the dresser can help to make the space feel more like the individual's home. Also, providers and Independent Service Coordination (ISCs) agencies should remember that preferences can change over time. During the Person Centered Planning process, and more frequently, if necessary, the ISC should discuss the decorations in the home to determine if the individual wants changes.
In the event of a conflict between roommates over the décor of the sleeping or living unit, the provider and ISC will first attempt to broker a compromise that is acceptable by encouraging conversations between housemates/roommates about decorations and furnishings. If a compromise cannot be reached, the ISC will initiate conflict resolution with the housemates. It should be noted, however, that each individual has the right to decorate their side of the bedroom as they see fit. As with all other rights under the Settings Rule ,the ISC agencies share the IDHS: Right of Individuals Form (PDF) document annually and require a signature from the person and/or guardian. Providers also should share the document and review it with individuals whom they support, as well as staff, at least annually. Guardians should also be provided a copy of the rights document. Providers are welcome to develop and share additional information with individuals as well.
Complaints
If an individual, guardian or concerned person does not feel a person is receiving services compliant with the HCBS Settings Rule, they can report this to the provider or to the ISC. They can also go through the formal HCBS Settings complaint process by using the web form: IDHS: DHS DD Services Complaints (state.il.us), email: DHS.HCBScomplaints@illinois.gov or phone number: (877) 657-0005.
Effective Date:
This Information Bulletin is effective April 9, 2024
