Individuals are able to have visitors of their choosing at any time.
What this Looks like in Practice:
- People can choose their visitors and have no restrictions on visit times, including the ability to host visitors for meals, just as anyone would have in their own home or rental unit.
- People may have overnight guests.
- People have access to visitors in unrestricted areas within the setting.
- People have the right to privacy during visits.
- People have the opportunity to develop close, private and personal relationships without unnecessary barriers or obstacles imposed on them.
- The provider helps individuals coordinate arrangements for visitors, if needed.
- This requirement does not mean individuals can be inconsiderate of others’ rights or the need for quiet and safety in the residence. It is intended to ensure individuals who live in provider owned homes have the same freedoms with relationships and visitors in their homes.
- Providers’ policies and procedures for visits should include the individual’s right to:
- Have visitors of their choosing at any time
- Request privacy during the visit
- The provider will make the Visitation policy available to all people and their guests that specifies:
- Any limitations on the duration of stay and fees for lodging, visitor meals, etc. The policy may require roommate consent for overnight visitors.
- Any conditions in which visitors are prohibited and/or restricted due to a risk to the health and safety of people residing at the setting.
- If visitors are required to sign in:
- Any restrictions on visitors who have caused or are causing a disturbance or who pose a health or safety risk to people within the setting.
- The provider will notify people in writing if any visitor restrictions apply to their guests.
- People’s right to have visitors of their choosing at any time must also be contained in the resident rights document and the resident handbook.
- People’s lease/Residency Agreement shall not impose restrictions on visitors aside from identifying how long a visitor may stay before being considered a tenant.
- The setting may establish procedures to ensure the safety and welfare of people who live and work there. For example, providers may request that visitors notify staff that they are present in the residence. However, the procedure must not restrict visitors unnecessarily for the convenience of staff or restrict the person’s freedom of association with whomever they choose.
- Providers may not screen the individual’s visitors.
- The provider may not determine who may or may not visit based on their own feelings about the visitor’s character.
- The setting may not have scheduled visitation hours.
- The provider directly addresses health and safety concerns with the person and shares them with the person’s manager/Support Coordinator. If the case manager/Support Coordinator implements visit modifications, the modifications are documented and implemented in collaboration with the individual and the provider.
Rules & Regulations
- Provider Operational Guidelines Manual (02/03/22): Section 6.3.b
HCBS Compliance Checklist
Sample Policies
Sample Tools, Tips, & Protocols
- https://www.maine.gov/dhhs/sites/maine.gov.dhhs/files/inline-files/Maine-HCBS-Provider-Manual-2021_0.docx
- https://mn.gov/dhs/assets/102517-hcbs-best-practices-guide_tcm1053-318393.pdf
- https://bhddh.ri.gov/sites/g/files/xkgbur411/files/documents/HCBS-Final-Rule---Guide-and-FAQ-Part-1-Jan2019.pdf
- https://www.medicaid.gov/Medicaid-CHIP-Program-Information/By-Topics/Long-Term-Services-and-Supports/Home-and-Community-Based-Services/Downloads/Exploratory-questions-re-settings-characteristics.pdf
- https://www.dmas.virginia.gov/media/1225/residential-visitors.pdf