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



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



"Applicant" means every person
applying for a license to become a provider of an adult foster home or developmental
disabilities domiciliary home.



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



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



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



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



"Current employee" means every person
currently employed by an applicant, who will become an adult foster or
developmental disabilities domiciliary home caregiver once the applicant is
approved to be a provider by the department.



"Department" means the department of
health.



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



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



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



(3)  Is likely to continue indefinitely;



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



(5)  Reflects the person's need for a combination and
sequence of special, interdisciplinary, or generic care, treatment, or other
services which are of lifelong or extended duration and are individually
planned and coordinated.



"Director" means the director of
health.



"Existing provider" means every
person licensed or certified as an adult foster or developmental disabilities
domiciliary home provider before the effective date [May 6, 1994] of section
333F-22.



"Habilitation" means the process by
which the staff of an agency assists an individual to cope more effectively
with the demands of his or her own person and environment and to raise the
level of his or her physical, mental, and social functioning.  Habilitation
includes, but is not limited to, programs of formal structured education and
treatment.



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



"Individually appropriate" means
responsive to the needs of the person as determined through interdisciplinary
assessment and provided pursuant to an individualized service plan that is
person-centered and community-based.



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



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



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



"Mental retardation" means
significantly subaverage general intellectual functioning resulting in or
associated with concurrent moderate, severe, or profound impairments in
adaptive behavior and manifested during the developmental period.



"Monitor" means to conduct a
systematic, coordinated, objective, qualitative review of services provided by
any person, agency, or organization.



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



"Provider" means the person who is
issued the license or certificate of registration, as the case may be, by the
department to provide care in an adult foster or developmental disabilities
domiciliary home.



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



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



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



"Services" means appropriate
assistance provided to a person with a developmental disability or mental
retardation in the least restrictive, individually appropriate environment to
provide for basic living requirements and continuing development of
independence or interdependent living skills of the person.  These services
include, but are not restricted to:  case management; residential,
developmental, and vocational support; training; habilitation; active
treatment; day treatment; day activity; respite care; domestic assistance;
attendant care; rehabilitation; speech, physical, occupational and recreational
therapy; recreational opportunities; counseling, including counseling to the
person's family, guardian, or other appropriate representative; development of
language and communications skills; interpretation; transportation; and
equipment. [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]