Additional Requirements for Provider Owned or Controlled Residential Settings

Overview

In a provider-owned or controlled residential setting, all of the general requirements for HCBS settings must be met. In addition, the following conditions must be met:

1. The unit or dwelling is a specific physical place that can be owned, rented, or occupied under a legally enforceable agreement by the individual receiving services, and the individual has, at a minimum, the same responsibilities and protections from eviction that tenants have under Virginia’s the landlord/tenant law.
2. Each individual has privacy in their sleeping or living unit:
   • Units have entrance doors lockable by the individual, with only appropriate staff having keys to doors.
   • Individuals sharing units have a choice of roommates in that setting.
   • Individuals have the freedom to furnish and decorate their sleeping or living units within the lease or other agreement.
3. Individuals have the freedom and support to control their own schedules and activities, and have access to food at any time.
4. Individuals are able to have visitors of their choosing at any time.
5. The setting is physically accessible to the individual.
6. Any modification of the additional conditions specified in items 1 through 4 above, must be supported by a specific assessed need and justified in the person-centered service plan.

Use the information and resources provided to critically evaluate each residential setting’s compliance with these standards and to develop strategies to ensure individual’s rights are supported and achieved.