1. (a) Each provider owned, leased, or controlled CES Waiver service residential setting must meet the home and community-based services setting regulations as established by 42 CFR § 441.301(c)(4) and (5).

2. (b)

   1. (1) A provider owned, leased, or controlled CES Waiver service residential setting is limited to no more than eight (8) beneficiaries.
   2. (2) Previously grandfathered group home locations continuously licensed by the Division of Developmental Disabilities Services since July 1, 1995, may continue to serve up to fourteen (14) unrelated adult beneficiaries with intellectual or developmental disabilities.

3. (c) All provider owned, leased, or controlled CES Waiver service residential settings must meet the following requirements:

   1. (1) The interior of the location must:

      1. (A) Be maintained at a comfortable temperature;
      2. (B) Have appropriate interior lighting;
      3. (C) Be well-ventilated;
      4. (D) Have a running source of potable water in each bathroom, and, if applicable, kitchen;
      5. (E) Be maintained in a safe, clean, and sanitary condition;
      6. (F) Be free of:

4. (i) Offensive odors;

   1. (ii) Pests;

      1. (iii) Lead-based paint; and

         1. (iv) Hazardous materials;

   2. (2) The exterior of each provider owned, leased, or controlled CES Waiver service residential setting’s physical structure must be maintained in good repair, and free of dangerous holes, cracks, and leaks, including without limitation the:

      1. (A) Roof;
      2. (B) Foundation;
      3. (C) Doors;
      4. (D) Windows;
      5. (E) Siding;
      6. (F) Porches;
      7. (G) Patios; and
      8. (H) Walkways.
   3. (3) The surrounding grounds of each provider owned, leased, or controlled CES Waiver service residential setting must be maintained in a safe, clean, and manicured condition free of trash and other objects.

   4. (4) Broken equipment, furniture, and appliances on or about the premises of each provider owned, leased, or controlled CES Waiver service residential setting must be either immediately repaired or appropriately discarded off premises and replaced.

      1. (d) Provider owned, leased, or controlled CES Waiver service residential settings must at a minimum include:
   5. (1) A functioning hot water heater;
   6. (2) A functioning HVAC unit or units able to heat and cool;
   7. (3) An operable on-site telephone that is available at all hours and reachable with a phone number for outside callers;

   8. (4) All emergency contacts and other necessary contact information related to a beneficiary’s health, welfare, and safety in a readily available location, including without limitation:

      1. (A) Poison control;
      2. (B) The beneficiary’s primary care provider; and
      3. (C) Local police;
   9. (5) One (1) or more working flashlights;
   10. (6) A smoke detector;
   11. (7) A carbon monoxide detector, unless there are no forms of gas services at the location;

   12. (8) A first aid kit that includes at least the following:

       1. (A) Adhesive band-aids of various sizes;
       2. (B) Sterile gauze squares;
       3. (C) Adhesive tape;
       4. (D) Antiseptic;
       5. (E) Thermometer;
       6. (F) Scissors;
       7. (G) Disposable gloves; and
       8. (H) Tweezers;
   13. (9) Fire extinguishers in number and location to satisfy all applicable laws and rules, but at least one (1) functioning fire extinguisher is required at each location;
   14. (10) Screens for all windows and doors used for ventilation;
   15. (11) Screens or guards attached to the floor or wall to protect floor furnaces, heaters, hot radiators, exposed water heaters, air conditioners, and electric fans; and

   16. (12) Written instructions and diagrams noting emergency evacuation routes to be used in case of fire, severe weather, or another emergency posted:

       1. (A) By each exit;
       2. (B) In all stairwells, if applicable; and
       3. (C) In and by all elevators, if applicable.

5. (e) Each provider owned, leased, or controlled CES Waiver service residential setting must provide each beneficiary with a bedroom that has:

   1. (1) An entrance that can be accessed without going through a bathroom or another person’s bedroom;
   2. (2) An entrance with a lockable door; and
   3. (3) One (1) or more windows that can open and provide an outside view.

6. (f) Each provider owned, leased, or controlled CES Waiver service residential setting must meet the following bathroom requirements:

   1. (1) At least one (1) bathroom must have a shower or bathtub;
   2. (2) All toilets, bathtubs, and showers must provide for individual privacy;
   3. (3) At least one (1) toilet, bathtub, and shower must be designed and installed in an accessible manner for each beneficiary; and

   4. (4) Each bathroom must have the following:

      1. (A) Toilet;
      2. (B) Sink with running hot and cold water;
      3. (C) Toilet tissue;
      4. (D) Soap; and
      5. (E) Towels or paper towels.

7. (g) Each provider owned, leased, or controlled CES Waiver service residential setting that houses more than one (1) beneficiary must ensure:

   1. (1) Each beneficiary has fifty (50) or more square feet of separate bedroom space;

   2. (2) Each beneficiary has an individual bed measuring at least thirty-six inches (36”) wide with:

      1. (A) A mattress;
      2. (B) Pillows; and
      3. (C) Linens, which must be cleaned or replaced at least weekly;
   3. (3) Each beneficiary has storage space for clothes and personal items;
   4. (4) At least one (1) bathroom with a shower/bathtub, sink, and toilet for every four (4) beneficiaries;
   5. (5) A reasonably furnished living room;
   6. (6) A reasonably furnished dining area; and
   7. (7) A kitchen with equipment, utensils, and supplies necessary to properly store, prepare, and serve three (3) or more meals a day for up to one (1) week.

Codification Notes: “HVAC” means heating, ventilation, and air conditioning.