Federal Rules for Home and Community-Based Services

DDCS Client Rights

In 2020, our state passed a law that makes sure everyone who receives developmental disabilities services has the same rights no matter where they live. They’re called Client Rights. One of the most well-known rights is Personal Power and Choice. This means things like choosing what you eat and drink, who you hang out with and where you shop. It also means not having to go places just because other people you live with are going there.

Other rights include:

  • Participating in Service Planning.
  • Access to Service and Healthcare Information.
  • Complaints and Grievances.
  • Access to Advocates.
  • Rules about when a provider can terminate services.

Watch the full video series to learn what these rights mean to the people we serve.

Federal Rules for Home and Community-Based Services

The Centers for Medicare and Medicaid Services has rules for providing Home and Community-Based Services. These rules are known as the HCBS Settings rules. We must follow and enforce these rules to maintain waiver services.

Watch our videos to learn more:

  • Overview: This video explains why and where the HCBS Settings Rules are in place.
  • What to Expect: This video explains what you can expect from your service providers.
  • Modifications: This video explains conditions under which your rights can be modified.

Links and resources mentioned in these videos:

  • DDCS Headquarters Constituent Referrals (for unresolved complaints): email DDAConstituentReferrals@dshs.wa.gov
  • If you have a concern about abandonment, abuse, neglect, exploitation, or financial exploitation, call 1-866-END-HARM or 1-866-363-4276

If you receive Home and Community Based Services, your service providers must follow these rules.

Your service provider must provide you with…

  • Privacy.
  • Dignity and respect.
  • Freedom from being bullied or threatened into doing something you do not want to do.
  • Freedom from being restrained by physical force or with medication.

DDCS and your service providers must ask for input from you about...

  • When and where to have your planning meetings.
  • Your personal goals.
  • Your services and who provides them.

Your service provider needs to understand that you make all decisions about your life, including…

  • How you schedule your day.
  • How you decorate your space.
  • What activities you choose to participate in.
  • How you spend your money.
  • If you want to work.
  • How you spend your time, and the people you share it with.

If you receive services from a residential provider:

You also have a right to...

  • Live in a home you choose and can afford, from available options.
  • A signed lease, rental agreement, or similar contract compliant with Washington state and local landlord tenant laws and requirements.
  • A physically accessible home.
  • A key to your home.
  • Privacy in your bedroom and bathroom, including having locking doors.
  • Decorate your space as you would like and to display your personal items.
  • A place to have visitors and friends in your home.
  • Have visitors when you want.
  • Have a say in choosing the staff who work with you.
  • Have a say in who you live with.
  • Plan your daily schedule, including when you wake up and go to bed.
  • Choose what and when you eat.
  • Choose where you go in the community and how long you are there.
  • Get information and support to access recreation, education, and employment opportunities in your community.

If your service provider or anyone else wants to restrict/modify any of these rights due to concerns about your health or safety, they can only do that as a last resort, IF it's included in your person-centered service plan, AND you agree.

If you agree to restrictions, your person-centered service plan must include:

  • A description of the specific assessed need.
  • A description of what has been tried before.
  • Attempts to meet your need that did not work out.
  • Ways to measure if the restriction has reduced the health and safety concern.
  • How often the plan will be reviewed to see if the restrictions are still needed.
  • A monitoring plan to ensure that interventions and supports are not causing you harm.
  • Your written consent.

You have the right to refuse a restriction or plan modification. Your provider must not begin or continue a restriction if you do not agree. To ensure your voice is heard, you can take certain steps.

  1. Tell your case manager in person, by phone or email. They must respond to you within two business days. If you don't know who your case resource manager is, contact your local DDCS office and ask someone to look it up for you.
  2. Ask a question or file an online complaint.

If you have a concern about abandonment, abuse, neglect, exploitation, or financial exploitation, you can call 1-866-END-HARM or 1-866-363-4276

Resources

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