1. (a) An ADDT must comply with all applicable state and federal laws and rules including without limitation:

   1. (1) The Americans with Disabilities Act of 1990 (ADA);
   2. (2) The Civil Rights Act of 1964;
   3. (3) The Health Insurance Portability and Accounting Act of 1996 (HIPAA);
   4. (4) The Privacy Act of 1974; and
   5. (5) All applicable laws and rules governing the protection of medical, social, personal, financial, and electronically stored records.

2. (b) An ADDT facility must comply with all:

   1. (1) Building codes and local ordinances;
   2. (2) Fire and safety inspections and requirements of the State Fire Marshal or local authorities;
   3. (3) Department of Health requirements including without limitation requirements regarding water, plumbing, and sewage;
   4. (4) Department of Labor and Licensing requirements including without limitation requirements regarding water heaters and boilers; and
   5. (5) Other federal, state, or local requirements applicable to the HCBS community service location, property, and structures.

3. (c) An ADDT provider must maintain documentation of compliance with applicable state, local, and federal:

   1. (1) Laws;
   2. (2) Rules;
   3. (3) Codes; and
   4. (4) Standards.
4. (d) A violation of any applicable state, local, or federal laws, rules, codes, or standards constitutes a violation of this part.

5. (e)

   1. (1) In the event of a conflict between this part and other applicable state, local, or federal laws, rules, or standards, the stricter requirement shall apply.
   2. (2) In the event of an irreconcilable conflict between this part and other applicable state, local, or federal laws, rules, or standards, this part shall govern to the extent not governed by federal laws or rules or state law.

Codification Notes: “HCBS” means home and community based services. The Americans with Disabilities Act of 1990 was enacted as Pub. L. No. 101-336. The Civil Rights Act of 1964 was enacted as Pub. L. No. 88-352. The Health Insurance Portability and Accounting Act of 1996 (HIPAA) was enacted as Pub. L. No. 104-191. The Privacy Act of 1974 was enacted as Pub. L. No. 93-579.