Know your Rights: Understanding Member Protections in Colorado’s HCBS System

By now, you’ve developed a strong understanding of the history of IDD services, the structure of HCBS in Colorado, and the role of the Final Settings Rule in creating truly inclusive, community-based supports. Now, we turn to a foundational piece of that vision: Member Rights.

The shift from institutionalization to inclusion didn’t happen overnight—and it’s still ongoing. We are working to dismantle a system once built on segregation, control, and even harm, and replace it with one rooted in dignity, autonomy, and equity. That work begins with recognizing one simple truth:

If you can do it, they should be able to do it.
If you have access to it, they should too.
Everyone has the same rights—disability doesn’t change that.

Individuals receiving HCBS services are entitled to the same rights as anyone else. These rights are not abstract ideals either; they are defined and protected by federal and state law. As service providers and case managers, we are responsible for ensuring these rights are understood, respected, and upheld in every interaction.

Too often, systems have operated from a place of control rather than empowerment. But the HCBS model challenges us to flip that script—to center services around choice, respect, and the least restriction possible. Rights should never be limited for provider convenience or based on outdated assumptions about a person’s capabilities.

This training will provide a detailed overview of member rights, including personal freedoms, choice and control, privacy, autonomy, and protections from abuse or discrimination. We’ll also introduce an essential—but carefully limited—concept: Rights Modifications. In rare cases, a specific right may be restricted to protect a person’s health or safety, but only after all positive behavioral supports have been attempted and a rigorous person-centered planning process has been followed. Rights modifications are a last resort, not a starting point—and we’ll explore this further later in the training.

Learning Objectives: By the end of this training, you will understand:

• The specific rights of individuals receiving HCBS services.
• How federal and state laws shape these rights.
• The role of service providers and case managers in protecting member rights.

The purpose, process, and limitations of Rights Modifications within the HCBS framework