Rule 24-2-16.5 - Service and Service Location DesignA. Activities must be designed to address objectives/outcomes in the individual plan directing treatment/support for the person. At a minimum, individual plan objectives/outcomes must reflect individual strengths, needs, preferences and behavioral issues of people and/or family member(s)/legal representative(s) (as appropriate) served by the service location or through the service as reflected by intake/assessments and/or progress notes.B. Services and service locations must be designed to provide a Person-Centered and/or Recovery Oriented system of services with a framework of supports that are self-directed, individualized, culturally responsive, trauma informed, holistic, strength-based, and that provide for community participation opportunities. Services should be measurable and individualized for each person receiving services.C. IDD Services must be designed to provide Person-Centered Practices that support individual rights and provide opportunity for inclusion in the greater community. Agency providers must comply with the Home and Community-Based Services (HCBS) Final Rule and develop quality measures to ensure ongoing compliance. Any restriction or limitation to any requirement of the HCBS Final Rule must be applied to a person and must be based on the person's specific assessed needs and documented in the person's Plan of Services and Supports.D. Services and service locations must be designed to promote and allow independent decision making by the person and encourage independent living, without compromising the health and safety of the people being served (Dignity of Risk).E. Agency providers must present information in a manner understandable to the person so that he/she can make informed choices regarding service delivery and design, available agency providers and activities which comprise a meaningful day for him/her.F. Services and service locations must provide persons with activities and experiences to develop the skills they need to support a successful transition to a more integrated setting, level of service, or level of care (Dignity of Risk).G. The services provided as specified in the individual plan must be based on the requirements of what is important to and important for the person rather than on the availability of services and/or employees.H. All efforts must be implemented to design a service environment that is safe and conducive to positive learning and life experiences. People served in the service or service location whose behaviors are significantly disruptive to others in the same environment must be afforded the opportunity and assistance to change those behaviors through a systematic support plan. People receiving services may not be discharged from a service or service location due to disruptive behaviors unless they pose a risk for harm to other people receiving the service. The disruptive behaviors and interventions implemented to keep a person enrolled in the service or service location must be included in the plan and documented in the person's record.I. For people enrolled in ID/DD Waiver, service providers must collaborate with the Support Coordinator and any other agency providers to determine a need for Behavior Support/ Crisis Support/ Crisis Intervention Services before a decision is finalized to discharge a person from the service.J. The agency provider must initiate and maintain the standardized Memoranda of Understanding (MOU) (including a confidentiality statement), signed by the Executive Officer of the mental health agency provider and the superintendent of each school district in the region served by the agency provider.K. Within twenty-four (24) hours prior to the release or discharge of any civilly committed person from community service providers, other than a temporary pass or because of absence due to sickness or death in the person's family, the Service Director or Executive Director must give or cause to be given notice of such release or discharge to one (1) member of the person's immediate family, provided the person is eighteen (18) years or older, has signed an appropriate consent to release such discharge information and has provided in writing a current address and telephone number, if applicable, to the director for such purpose. L. For IDD Services, required employees must participate in the development of each person's Plan of Services and Supports and the Activity Support Plan.M. DMH will not approve any new IDD Home and Community-Based Settings that are: 1. Located in or near nursing homes, hospitals, institutions for mental illness, or Intermediate Care Facility for People with Intellectual Disabilities (ICF/IID);2. Publicly or privately-owned facilities providing inpatient treatment; and,3. Isolating or have the effect of isolating people from the broader community of people not receiving Medicaid Home and Community-Based Services. Section 41-4-7 of the Mississippi Code, 1972, as Amended