January 15th, 2023
Help With The New Residential Agreements
Concerning the on-site assessments, HHSC plans to help providers with the soon-to-be required residential agreements.
According to HHSC, the assistance is to ensure providers’ agreements meet the minimum requirements of the rule. There was no elaboration of the type help to be offered other than HHSC will reach out to each provider.
HHSC further stated that an Information Letter would soon be posted directing providers to initiate contact with the LIDDA SCs should an individual’s PDP need to be changed related to the operable lock on bedroom doors and access to food requirements. These would be referred to as “modifications”.
Example of need for modification: John’s LAR does not want him to have an operable lock with access to it on his bedroom door, as she feels he is too low functioning to keep track of a key, or remember the combination, and she also has concerns about his ability to get out of his room if it is locked on the inside and there is a fire or medical emergency, where staff may not get in in time or do not realize in time that John is in distress. He is also non-verbal and can’t communicate easily when he is in distress.
October 13th, 2022
Visits are being made at this time to group homes and select Host Homes. These are not part of HHSC’s residential review process, and the provider will not be receiving any violations/citing providers during these assessments, according to HHSC.
**They will have the HCS provider complete a “plan of action” if corrections are required, and the corrections and probable dates of completion must be in the “plan of action”.
HHSC reiterated that compliance is not expected at this time, particularly since the rules have yet to be adopted. According to HHSC, these assessments are just an information-gathering project at this time. The plan of action will be done to get the provider ready for compliance.
On-site assessments of the group homes have already started with assessments of certain HH Settings starting next week. For more details, see IL 2022-49,
They will be looking for 3 main things:
-An individual has a lease agreement with the provider that provides protections against eviction that tenants have under the landlord/tenant laws of the state.
-An individual’s bedroom door is lockable by the individual, with only appropriate staff having keys to doors.
– An individual has access to food at any time.
-An individual’s bedroom door is lockable by the individual, with only appropriate staff having keys to doors.
– An individual has access to food at any time.
(Providers are encouraged to make these adjustments now and adjustments to R&B agreements now to ensure smooth transition)
They will only be looking at host home settings where the HH/CC provider is not a parent or family member of any of the individuals in the home.
**They will be looking at your residential agreements, but these do not have to be maintained in each group home. They should only be asking the provider for a copy of the agreement – not state that it was a requirement for the agreements to be in the homes.
**Providers are encouraged to let HHSC know of any other misinformation being shared with providers by surveyors during the on-site assessments.
