designated entity. For Note: In both situations, the provider is settings in which required to give 30 days written notice landlord tenant laws and appeal rights as documented in do not apply, the §5037 Involuntary Transfers and State must ensure Discharges. that a lease, residency agreement or other form of written §5101 Monitored In-home caregiving – – agreement will be in setting is a private, unlicensed residence, place for each HCBS which presumes the residence to not be participant, and that owner controlled or operated. Lease the document agreements would be between the provides protections individuals living in the residence and the that address eviction owner of the residence, not the provider processes and appeals of services. comparable to those provided under the Title 50, Part XXI, Note: Most residences are personal Update rule to December jurisdiction's landlord Subpart 11, Chapters residences chosen by the participant or require lease 2017 tenant law. 137 and 139 (NOW) his/her family and are separate from the agreements for actual HCBS services provided. residential services. Click on “Title 50” However, in the case of provider owned or controlled residences, the following is Go to page 24 of That includes SIL, applicable. TOC. SFC. Adult Companion Care §13907 Supported Living Silent will be revised to – – include language
designated entity. For settings in which landlord tenant laws do not apply, the State must ensure that a lease, residency agreement or other form of written agreement will be in place for each HCBS participant, and that the document provides protections that address eviction processes and appeals comparable to those provided under the jurisdiction's landlord tenant law. Note: In both situations, the provider is required to give 30 days written notice and appeal rights as documented in §5037 Involuntary Transfers and Discharges. §5101 – Monitored In-home caregiving – setting is a private, unlicensed residence, which presumes the residence to not be owner controlled or operated. Lease agreements would be between the individuals living in the residence and the owner of the residence, not the provider of services. Title 50, Part XXI, Subpart 11, Chapters 137 and 139 (NOW) Click on “Title 50” Go to page 24 of TOC. Note: Most residences are personal residences chosen by the participant or his/her family and are separate from the actual HCBS services provided. However, in the case of provider owned or controlled residences, the following is applicable. §13907 – Supported Living – Silent Update rule to require lease agreements for residential services. That includes SIL, SFC. Adult Companion Care will be revised to include language December 2017
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