NY--Anonymous

CMS should incorporate within the Final Rule a requirement that receipt of any particular service or support cannot be a condition for living in a unit. CMS should require that any modification to the conditions placed upon provider-controlled or owned residential settings be supported by a specific assessed need documented in the person’s person centered plan and should limit the acceptable scope of any modifications to the requirements placed on providers owning or controlling residential settings. CMS should shift from a rebuttable presumption of non-compliance with the HCBS program “for any setting that is located in a building that is also a publicly or privately operated facility that provides inpatient institutional treatment, or in a building on the grounds of, or immediately adjacent to, a public institution, or disability-specific housing complex” to an unequivocal requirement that said settings are not acceptable under HCBS funding authorities.