Illinois Department of Human Services
Division of Developmental Disabilities
This Information Bulletin outlines the requirement for residential providers within the developmental disability Home and Community Based Services (HCBS) Waivers to ensure a residency agreement with the individual and guardian, if applicable, when the individual resides in a provider-owned or controlled setting.
The Federal Centers for Medicare and Medicaid Services has determined that Home and Community-Based Services (HCBS) settings must have all of the qualities specified in 42 CFR §441.301(c)(4)(i-v), based on the needs of the individual as indicated in their Personal Plan. For provider-owned or controlled residential settings that serve individuals who are enrolled in a DD Waiver program, additional conditions specified in 42 CFR §441.301(c)(4)(vi)(A) through (E) must be met. Specifically, the unit or dwelling is a specific physical place that can be owned, rented, or occupied under a legally enforceable agreement by the individual receiving services, and the individual has, at a minimum, the same responsibilities and protections from eviction that tenants have under the landlord/tenant law of the State, county, city, or other 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. For individually controlled units, tenants are expected to sign leases with landlords.
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