(a) Any beneficiary need or behavior that requires a variation or exception to the provider owned, leased, or controlled CES Waiver service residential setting requirements set out in 20 CAR § 535-502 must be justified in their:

1. (1) Behavioral prevention and intervention plan;
2. (2) Positive behavior support plan; or
3. (3) Nonclinical treatment plan.

(b) The justification for a variation or exception to any provider owned, leased, or controlled CES Waiver service residential setting requirement must at a minimum include:

1. (1) The specific, individualized need or behavior that requires a variation or exception;
2. (2) The positive interventions and supports used prior to the implementation of the variation or exception;
3. (3) The less intrusive methods of meeting the need or managing the behavior that were attempted but did not work;
4. (4) A clear description of the applicable variation or exception;
5. (5) The regular data collection and reviews that will be conducted to measure the ongoing effectiveness of the variation or exception;
6. (6) A schedule of periodic reviews to determine if the variation or exception is still necessary or can be terminated;
7. (7) The informed consent of the beneficiary or, if applicable, legal guardian; and
8. (8) An assurance that interventions and supports will cause no harm to the beneficiary.