§333F-1  Definitions.  As used in thischapter, unless the context requires otherwise:

"Active treatment" means provision ofservices as specified in an individualized service plan.  These services mayinclude, but are not limited to, activities, experiences, and therapy which arepart of a professionally developed and supervised program of health, social,habilitative, and developmental services.

"Applicant" means every personapplying for a license to become a provider of an adult foster home or developmentaldisabilities domiciliary home.

"Case management services" meansservices to persons with developmental disabilities or mental retardation thatassist them in gaining access to needed social, medical, legal, educational,and other services, and includes:

(1)  Follow-along services which assure, through acontinuing relationship between an agency or provider and a person with adevelopmental disability or mental retardation and the person's parent, if theperson is a minor, or guardian, if a guardian has been appointed for thepurpose, that the changing needs of the person and the family are recognizedand appropriately met.

(2)  Coordinating and monitoring services provided topersons with developmental disabilities or mental retardation by two or morepersons, organizations, or agencies.

(3)  Providing information to persons withdevelopmental disabilities or mental retardation about availability of servicesand assisting the persons in obtaining the services.

"Current employee" means every personcurrently employed by an applicant, who will become an adult foster ordevelopmental disabilities domiciliary home caregiver once the applicant isapproved to be a provider by the department.

"Department" means the department ofhealth.

"Developmental disabilities" means asevere, chronic disability of a person which:

(1)  Is attributable to a mental or physicalimpairment or combination of mental and physical impairments;

(2)  Is manifested before the person attains agetwenty-two;

(3)  Is likely to continue indefinitely;

(4)  Results in substantial functional limitations inthree or more of the following areas of major life activity; self-care,receptive and expressive language, learning, mobility, self-direction, capacityfor independent living, and economic sufficiency; and

(5)  Reflects the person's need for a combination andsequence of special, interdisciplinary, or generic care, treatment, or otherservices which are of lifelong or extended duration and are individuallyplanned and coordinated.

"Director" means the director ofhealth.

"Existing provider" means everyperson licensed or certified as an adult foster or developmental disabilitiesdomiciliary home provider before the effective date [May 6, 1994] of section333F-22.

"Habilitation" means the process bywhich the staff of an agency assists an individual to cope more effectivelywith the demands of his or her own person and environment and to raise thelevel of his or her physical, mental, and social functioning.  Habilitationincludes, but is not limited to, programs of formal structured education andtreatment.

"Individualized service plan" meansthe written plan required by section 333F-6 that is developed by theindividual, with the input of family, friends, and other persons identified bythe individual as being important to the planning process.  The plan shall be awritten description of what is important to the person, how any issue of healthor safety shall be addressed, and what needs to happen to support the person inthe person's desired life.

"Individually appropriate" meansresponsive to the needs of the person as determined through interdisciplinaryassessment and provided pursuant to an individualized service plan that isperson-centered and community-based.

"Interdisciplinary team" means agroup of persons that is drawn from or represents those professions,disciplines, or service areas that are relevant to identifying an individual'sneeds and designing a program to meet them, and is responsible for evaluatingthe individual's needs, developing an individual program plan to meet them,periodically reviewing the individual's response to the plan, and revising theplan accordingly.  A complete team includes the individual being served, unlessclearly unable to participate; the individual's family, unless theirparticipation has been determined to be inappropriate; those persons who workmost directly with the individual in each of the professions, disciplines, orservice areas that provide service to the individual, including direct-care ordirect-contact staff; and any other persons whose participation is relevant toidentifying the needs of the individual and devising ways to meet them.

"Least restrictive" means the leastintrusive and least disruptive intervention into the life of a person withdevelopmental disability or mental retardation that represents the leastdeparture from normal patterns of living that can be effective in meeting theperson's developmental needs.

"Least restrictive environment" meansthat environment that represents the least departure from normal patterns ofliving that can be effective in meeting the individual's needs.

"Mental retardation" meanssignificantly subaverage general intellectual functioning resulting in orassociated with concurrent moderate, severe, or profound impairments inadaptive behavior and manifested during the developmental period.

"Monitor" means to conduct asystematic, coordinated, objective, qualitative review of services provided byany person, agency, or organization.

"Prospective employee" means everyperson seeking employment as a caregiver for an applicant.

"Provider" means the person who isissued the license or certificate of registration, as the case may be, by thedepartment to provide care in an adult foster or developmental disabilitiesdomiciliary home.

"Representative" means any individualwho can advise and advocate for a person with developmental disabilities ormental retardation and who shall serve at the request and pleasure of suchperson; provided that if the person with developmental disabilities or mentalretardation is a minor or is legally incapacitated and has not requested arepresentative, the parent or guardian may request a representative to assiston behalf of the person with developmental disabilities or mental retardation.

"Residence" or"residential" means the living space occupied by the person with adevelopmental disability or mental retardation, including single-person homes,natural family homes, care homes, group homes, foster homes, institutionalfacilities, and all other types of living arrangements.

"Respite care" [Repeal ofdefinition on June 30, 1995, by L 1990, c 178, §6, deleted by L 1995, c189, §22.] means a service provided in a least restrictiveenvironment for short term care to meet the needs, ranging from simple tocomplex, of persons with developmental disabilities or mental retardation.  Thepurpose of respite care is to avoid, if possible, the necessity for long terminstitutional care or to provide relief to families and care providers.

"Services" means appropriateassistance provided to a person with a developmental disability or mentalretardation in the least restrictive, individually appropriate environment toprovide for basic living requirements and continuing development ofindependence or interdependent living skills of the person.  These servicesinclude, but are not restricted to:  case management; residential,developmental, and vocational support; training; habilitation; activetreatment; day treatment; day activity; respite care; domestic assistance;attendant care; rehabilitation; speech, physical, occupational and recreationaltherapy; recreational opportunities; counseling, including counseling to theperson's family, guardian, or other appropriate representative; development oflanguage and communications skills; interpretation; transportation; andequipment. [L 1987, c 341, pt of §2; am L 1990, c 178, §1; am L 1994, c 53, §2;am L 1995, c 189, §3; am L 1998, c 133, §1; am L 2003, c 95, §8(1); am L 2005,c 22, §18]