Providers must ensure an individual’s freedom from restraint.
What this Looks like in Practice:
- The provider informs individuals that they have the right to live in an environment free from restraint.
- Staff understand and demonstrate that their job is to provide assistance and support to people, rather than to direct or “manage” them.
- Staff show people that they account for and honor their choices according to their person-centered plan.
- To assist those who might not use socially acceptable ways to express themselves when they are tired, angry, anxious, fearful or impatient, staff provide positive behavioral supports and techniques as the primary and first-line tools and interventions. Examples include modeling, positive reinforcement, problem-solving, comfort statements, environmental adaptations, etc.
- All behavioral support needs are described in the person-centered plan.
- The need for any restrictive intervention is assessed by a qualified professional, described and justified in the person-centered plan. It is also approved according to the ADMH-DDD Behavioral Services Procedural Guidelines and the policy and procedures for modifying and HCBS requirement.
- Medications, whether over the counter or prescription, are not used for convenience of staff or as a substitute for positive behavior supports.
- Medical restraints are used only when ordered by a medical practitioner.
- If a behavioral restraint is ever necessary to protect a person or others from harm, only trained staff perform restraint techniques that are approved for use by ADMH-DDD, and only for the least time required.
- All chemical and physical behavioral restraints are reviewed by an appropriately constituted Human Rights and Behavioral Review Committee.
Rules & Regulations
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://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.medicaid.gov/medicaid-chip-program-information/by-topics/long-term-services-and-supports/home-and-community-based-services/downloads/exploratory-questions-non-residential.pdf