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Residency Agreement: Provider-Controlled Setting

This template may be used by waiver providers in an unlicensed setting in which the provider has some interest or control in the setting. This is not a required form, but the provider, in a setting that meets the definition of “provider-controlled” found in OAC 5123:2-9-02, must have a residency agreement or lease in place for each person who resides in the setting.

In its community integration rule, the Centers for Medicare and Medicaid require that provider-owned and provider-controlled homes have a lease or comparable rental agreement with people with disabilities living in those homes. In response to this, DODD, with a work group of stakeholders, developed OAC 5123:2-9-02 regarding settings in which home and community-based services (HCBS) may be delivered. This rule also includes the specific requirements for a lease or rental agreement.

In support of the rule, DODD developed two residency agreements, for use by a licensed residential facility and by a provider-controlled home. These were developed in collaboration with a provider association. They are not required for use, and entities may develop their own or use a standard lease. However, no agreement or lease may have terms contradictory to the attachments.