Civil liability - residential service providers - persons with intellectual and developmental disabilities. "Case management agency" is defined in the act and included in the definition of a "provider" that provides services and supports to persons with developmental disabilities. Providers and service agencies are required to operate pursuant to department of health care policy and financing rules.
The act provides that a person with a developmental disability who is served in a residential setting is a tenant of the provider and that property rights accrue for such a tenant.
Person-centered planning must occur as soon as possible following a person with a developmental disability being moved from a residential setting when the person may be at risk of abuse, neglect, mistreatment, exploitation, or other harm. Case management agencies are authorized to move a person with a developmental disability from a residential setting and subjects such agencies to the same standards of liability as other entities authorized to move such persons from residential settings.
(Note: This summary applies to this bill as enacted.)