Balancing the Right to “Access to Food” with Protections for Individuals in Home and Community Based Settings

The Office for People With Developmental Disabilities (OPWDD) and providers in the OPWDD system are in the process of implementing the Centers for Medicare and Medicaid Services’ (CMS) requirements for Home and Community Based Services (HCBS) Settings in federal regulations 42 CFR section 441.301(c)(4), and OPWDD Person-Centered Planning regulations in subpart 14 NYCRR 636-1. In accordance with these requirements, all individuals receiving HCBS Waiver services are entitled to have their needs, preferences, and goals met in a way that respects their rights and maximizes their independence, choice and community integration. Efforts must be made to promote and protect individuals’ rights when providing services. It is critical that staff be trained regarding individuals’ rights and the applicable requirements related to rights modifications as part of the person-centered planning process.