and often do not understand the consequences of their actions. Less intrusive methods of meeting the need that has been tried Providers (and the individual’s family who are concerned about but did not work. such situations) should have some mechanism to assist in A clear description of the condition that is directly preventing these situations from occurring. proportionate to the specific assessed need. A regular collection and review of data to measure the ongoing *One similar comment was received effectiveness of the modification. Established time limits for periodic reviews to determine if the modification is still necessary or can be terminated. Periodic reviews to determine if the modification is still necessary or can be terminated. Informed consent of the individual. An assurance that interventions and supports will cause no harm to the individual. The transition plans currently state that a communication will be developed and published regarding required Individual Support Plan documentation when such a modification is needed. 4 Concern that individuals safety is at risk if he or she can CMS allows modifications to the residential setting requirements lock/unlock unit doors, have unrestricted visitors, have access to referenced in the comment. Modifications must be supported by an food at any time, or can leave the home without necessary assessed need and justified in the person-centered plan. The supports. transition plan currently states that the Department will develop and publish a communication regarding required Individual Support *Four other similar comments were received Plan documentation when such a modification is needed. 5 The broadest of accessibility should be used. All of these Regardless of licensing requirements, all residential settings must areas need to be assessed for the specific residents and may be physically accessible to the individuals residing there. require the department to establish different licenses for homes where residents are wheelchair users. If a home has both individuals who are ambulatory and some wheelchair users the higher standard for the home should be used. 6 The Department needs to provide the agreement” to The current transition plans state that the room and board contract “lease residential providers so there is consistency across the state. will be revised to reflect the new requirements and distributed. 7 Any landlord tenant lease must allow for residents and/or provider As stated in the current transition plan, the Department needs to an avenue to terminate for health and safety issues. To require an analyze Pennsylvania’s landlord tenant law and determine what individual to remain in an unsafe or unhealthy environment will constitutes comparability for residential settings. The Department impact the resident and any roommates possibly jeopardizing
and often do not understand the consequences of their actions. Providers (and the individual’s family who are concerned about such situations) should have some mechanism to assist in preventing these situations from occurring. *One similar comment was received Less intrusive methods of meeting the need that has been tried but did not work. A clear description of the condition that is directly proportionate to the specific assessed need. A regular collection and review of data to measure the ongoing effectiveness of the modification. Established time limits for periodic reviews to determine if the modification is still necessary or can be terminated. Periodic reviews to determine if the modification is still necessary or can be terminated. Informed consent of the individual. An assurance that interventions and supports will cause no harm to the individual. The transition plans currently state that a communication will be developed and published regarding required Individual Support Plan documentation when such a modification is needed. 4 Concern that individuals safety is at risk if he or she can lock/unlock unit doors, have unrestricted visitors, have access to food at any time, or can leave the home without necessary supports. *Four other similar comments were received CMS allows modifications to the residential setting requirements referenced in the comment. Modifications must be supported by an assessed need and justified in the person-centered plan. The transition plan currently states that the Department will develop and publish a communication regarding required Individual Support Plan documentation when such a modification is needed. 5 The broadest of accessibility should be used. All of these areas need to be assessed for the specific residents and may require the department to establish different licenses for homes where residents are wheelchair users. If a home has both individuals who are ambulatory and some wheelchair users the higher standard for the home should be used. Regardless of licensing requirements, all residential settings must be physically accessible to the individuals residing there. 6 The Department needs to provide the “lease agreement” to residential providers so there is consistency across the state. The current transition plans state that the room and board contract will be revised to reflect the new requirements and distributed. 7 Any landlord tenant lease must allow for residents and/or provider an avenue to terminate for health and safety issues. To require an individual to remain in an unsafe or unhealthy environment will impact the resident and any roommates possibly jeopardizing As stated in the current transition plan, the Department needs to analyze Pennsylvania’s landlord tenant law and determine what constitutes comparability for residential settings. The Department
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