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(B) the freedom and support needed for a recipient to control the recipient’s schedule and activities;
(C) access to food at all times; and
(D) visitors of the recipient’s choosing at any time. (p) A provider that owns or controls a residential setting may modify the setting requirements in (o)(2) of this section for a specific, assessed need of a recipient, only after the provider attempts positive interventions and other less intrusive methods of meeting the need, and these attempts prove unworkable. The modification must be approved in the support plan developed in accordance with 7 AAC 130.217 and 7 AAC 130.218, and must be supported by a written record that includes
(1) identification of the assessed need requiring modification;
(2) documentation, before any modification of the setting requirements, of positive interventions and other less intrusive methods that were used to address that need and that did not work;
(3) a description of the modification used; the modification must be directly proportional to the specific assessed need;
(4) an explanation of the method for collecting and reviewing data to measure the ongoing effectiveness of the modification;
(5) time limits for periodic reviews to determine if the modification continues to be necessary or should be terminated;
(6) documentation of the informed consent of the recipient for the modification; and
(7) a documented analysis concluding the modification will not cause harm to the recipient. (q) Unless otherwise approved by the department, a provider may not render home and community-based waiver services in a setting that is
(1) in a building that is a publicly or privately operated facility that provides inpatient institutional treatment;
(2) in a building on the grounds of, or immediately adjacent to, a public institution; or
(3) in a location that isolates recipients from the broader community. (r) A provider of home and community-based waiver services shall
(1) develop and implement written policies and procedures to ensure services are provided in accordance with 7 AAC 130.217, 7 AAC 130.218, and (m) — (q) of this section;
(2) train administrative staff and direct care workers to provide services as directed by