The HCBS Setting Rule gives people the following rights:
- Live and work in the community with people without disabilities
- Have a person-centered plan that reflects individuals’ own preferences and goals they have set for themselves
- Have individual initiative, autonomy, and independence in making life choices
- Have freedom to:
- Control personal resources (including money)
- Choose what and when to eat
- Have visitors
- Come and go as they please
- Use the phone and access the internet
- Have respect and privacy including:
- A lock on their door
- Their own key
Community
- Participate in local activities and events
- Shop at stores, go to the bank, eat out at restaurants
- Go to the gym, visit the library, take a class
Choice
- Choose what and when to eat
- How to spend money
- Who to live with
Individual Rights
- Privacy, dignity, and respect
- Not be restrained or secluded
- Be listened to when they speak
Independence
- Individuals are in charge of making decisions about their own life
- Choose what to do for fun and choose their own schedule
- Choose when and where they work
HCBS Resources
Resources for HCBS Providers
| Resource | Link |
|---|---|
| HCBS Advocacy Coalition Information for advocates about the new home- and community-based services rules. | HCBS Advocacy Coalition |
| Administration for Community Living (ACL) HCBS Settings Rule Summary of what a HCBS setting looks like | HCBS Settings Rule | ACL Administration for Community Living |
| Medicaid.gov Home and Community Based Services Training Series The Centers for Medicare & Medicaid Services (CMS) provides web-based training presentations and other materials on a variety of Home & Community Based Services (HCBS) topics to ensure that CMS, state agencies and other stakeholders have a clear understanding of HCBS Programs. Training topic categories are listed below which house copies of the presentations CMS has presented from 2015 to present. | Home & Community Based Services Training Series | Medicaid |
| Home and Community-Based Services (HCBS) Final Regulation | Home & Community Based Services Final Regulation | Medicaid |
| The Medicaid HCBS Settings Rules: What You Should Know! Provides advocates with detailed information about the new rule and action steps to fully participate in its implementation. | The Medicaid HCBS Settings Rules: What You Should Know! (ndrn.org) |
| Exploring Possibilities & Supports: An Information Gathering Toolkit This resource provides people with developmental disabilities, family members, and Support Coordinators with tools to use when exploring life possibilities and planning for supports. The information gathered can be used, together with conversations, to inform the person-centered planning process. | Exploring Possibilities & Supports: An Information Gathering Toolkit |
| The HCBS Settings Rule: How Direct Support Professionals Can Make All the Difference! This webinar was presented for direct support professionals (DSPs) providing supports in home and community based services. It shares what the HCBS Settings Rule is, why it’s important, and how DSPs play a critical role in the Rule’s implementation. | The HCBS Settings Rule: How Direct Support Professionals Can Make All The Difference! – YouTube |
| Beyond Compliance: Embracing the Values of the HCBS Settings Rule Review the tenets of the rule and how providers can use those to transform their supports. Explains why the rule is so important, how it impacts people receiving HCBS | Beyond Compliance: Embracing The Values of the HCBS Settings Rule – YouTube |
| The Home and Community Based Services – Advocates Creating Transformation (HCBS-ACT Project) Through nearly twenty on-site workshops, a number of virtual trainings, a series of video clips, various accessible resources, additional presentations, an advocacy mentorship program, and more, The HCBS-ACT Project provides clear, understandable, and applicable information and resources to raise awareness. | HCBS Settings Rule | HCBS ACT Project | CQL (c-q-l.org) |
| Supporting the Right to Community Life: Assisting People with Developmental Disabilities to Advocate Prepares you to assist those you support to advocate for the community lives they want, and share their experiences receiving Home and Community Based Services. | CQL HCBS Supporter Guide |
| Arkansas Division of Workforce Services Provides a number of employment services and programs through the Arkansas Workforce Centers | AR Division of Workforce Services (arkansas.gov) |
| Arkansas Rehabilitation Services (ARS) Connects individuals with supportive employment, a job coach, assistance with applications, etc. | Rehabilitation Services – AR Division of Workforce Services (arkansas.gov) Contact ARS (1-800-330-0632) |
| Arkansas Rehabilitation Services: Overview of Services | Arkansas Rehabilitation Services: Overview of Services – YouTube |
| Division of Services for the Blind (DSB) The Division of Services for the Blind (DSB) is dedicated to the independence of Arkansans who are blind or visually impaired and is committed to the principle that these individuals have the right to make informed choices regarding where they live, where they work, how they participate in the community, and how they interact with others. | About Us – AR Division of Workforce Services (arkansas.gov) Referral – AR Division of Workforce Services (arkansas.gov) |
| ARSources SOURCES provides benefits planning and assistance to Social Security Administration (SSI/SSDI) beneficiaries who have a job offer, are about to start a new job, or are considering a promotion or a new job that will result in an increase in earnings. Work Incentives Planning and Assistance (WIPA) Program A statewide service that helps individuals understand Social Security work incentive rules, and helps individuals access work incentives available under the Supplemental Security Income and Social Security Disability Insurance Programs. | Work Incentives Planning & Assistance | SOURCES for Community Independent Living Services (arsources.org) Shannon Long 501-246-8676 [email protected] Cathy Coker 501-246-8849 [email protected] |
Resources for Individuals Receiving Home and Community Based Services / Living in a Group Home
The Home and Community-based Services (HCBS) Settings Rule makes sure you have basic rights when you receive services. But before March 17th, 2023, a lot of people weren’t getting these basic rights. Now YOU have more power to advocate for your right to community living through learning about the Settings Rule! It’s important to know your rights so you can make full use of them!
| Resource | Link |
|---|---|
| HCBS Settings Rule 1) What is the HCBS Settings Rule? 2) How can I find out what rights I have under the HCBS Settings Rule? 3) What do I do if my rights are violated? 4) What are corrective action plans? 5) When am I getting my rights? | HCBS Settings Rule – Meet other people in HCBS settings HCBS Overview – Overview of the HCBS Settings Rule What does the Rule Guarantee? – How the HCBS Settings Rule promotes choices, independence, and community. HCBS Provider Requirements for Residential Setting Rights Restrictions & Modifications – Learn about the impact of the HCBS Settings Rule on rights restrictions and modifications for people. |
| Autistic Self-Advocacy Network (ASAN) Toolkit on HCBS Settings Rule Resources | HCBS Settings Rule Resources |
| HCBS Advocacy Coalition: What you should know! 1) What is community living? 2) What is an institution? 3) What are home and community-based services (HCBS)? 4) What does the HCBS Settings Rule say? 5) What rights does the HCBS Settings Rule give me? 6) What rules do HCBS providers have to follow? | The Medicaid HCBS Settings Rules: What You Should Know! (ndrn.org) |
| Employment Rights for People with Disabilities Learn about the employment rights of people with disabilities, including “reasonable accommodations” and what that means. | Employment Rights for People with Disabilities |
| Arkansas Rehabilitation Services: Overview of Services Contact Arkansas Rehabilitation Services (ARS) if you want a job OR want a different job. | Arkansas Rehabilitation Services: Overview of Services |
| Arkansas Rehabilitation Services They can help you get a job! | Rehabilitation Services – AR Division of Workforce Services (arkansas.gov) Contact ARS at 1-800-330-0632 |
| ARSOURCES Helps people on Social Security who want to get a job | Work Incentives Planning & Assistance | SOURCES for Community Independent Living Services (arsources.org) The Work Incentives Planning and Assistance (WIPA) Program Helps individuals understand Social Security work incentive rules under the Supplemental Security Income and Social Security Disability Insurance Programs. Cathy Coker 501-246-8849 [email protected] Shannon Long 501-246-8676 [email protected] |
| Work and Supported Employment | Supported Employment Highlight 2022 |
| Division of Services for the Blind (DSB) The Division of Services for the Blind (DSB) helps Arkansans who are blind or visually impaired to make choices about where they live, where they work, how they live in the community, and how they spend time with others. | About Us – AR Division of Workforce Services (arkansas.gov) |