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<regulation prefix="Regulation" num=".03" citation="COMAR 10.22.12.03" title_num="10" subtitle_num="22" chapter_num="12" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Administration” means the Developmental Disabilities Administration (DDA).</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Alternative living unit (ALU)” means a residence that:</text>
      <paragraph num="(a)">
        <text>Provides residential services for individuals who, because of developmental disability, require specialized living arrangements;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Admits not more than three individuals; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Provides 10 or more hours of supervision per unit, per week.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>“Applicant” means the individual who files an application for services with the DDA.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Application for services” means the instrument:</text>
      <paragraph num="(a)">
        <text>Used to make preliminary determination of eligibility for DDA services, the nature of the disability, the services required, and how these services are to be provided;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Providing the basis for preliminary determination of service priority.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>“Appropriate evaluation” means the assessment of an individual using accepted professional standards to document the presence of a:</text>
      <paragraph num="(a)">
        <text>Developmental disability as defined in Health-General Article, §7-101, Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Disability that qualifies the individual for individual support services only as defined in Health-General Article, §7-403(c), Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>“Caregiver” means the person who is primarily responsible for the ongoing care of the individual who is applying for services from the DDA. If the applicant is the caregiver, this term is applicable to the applicant.</text>
    </paragraph>
    <paragraph num="(6-1)">
      <text>“Community Supported Living Arrangements Services (CSLA)” means one or more of the following services to assist an individual with developmental disability or an individual eligible for support services only in those nonvocational activities necessary to enable that individual to live in the individual's own home, apartment, family home, or rental unit, with not more than two other recipients of these services:</text>
      <paragraph num="(a)">
        <text>Personal assistance;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Supports that enhance the individual's opportunities for community participation and to exercise choice and control over the individual's own life;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Community integration training services necessary to assist the individual in achieving and maintaining increased integration, interdependence, and productivity;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>24-hour emergency assistance;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Assistive technology;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Adaptive equipment;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Case management services;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Environmental modification;</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Respite care; and</text>
      </paragraph>
      <paragraph num="(j)">
        <text>Other services as approved by the Secretary or the Secretary's designee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>“Department” means the Maryland Department of Health.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>“Developmental Disabilities Administration access unit” (“DDA access unit” or “unit”) means the component which is under contract with the DDA to conduct the preliminary assessment of eligibility and priority for services based on the information provided on the application.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Developmental disability” means a severe, chronic disability of an individual that:</text>
      <paragraph num="(a)">
        <text>Is attributable to a physical or mental impairment other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Is manifested before the individual becomes 22 years old;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is likely to continue indefinitely;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Results in an inability to live independently without external support or continuing and regular assistance; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(10)">
      <text>“Director” means the Director of the Developmental Disabilities Administration.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Eligibility for support services only” means an individual shall have a severe chronic disability that is:</text>
      <paragraph num="(a)">
        <text>Attributable to a physical or mental impairment other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Likely to continue indefinitely.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(12)">
      <text>“Family support services” means a program designed to enable a family to provide for the needs of a child with developmental disability living in the home. Family support services include:</text>
      <paragraph num="(a)">
        <text>Individual and family counseling;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Personal care;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Day care;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Specialized equipment;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Health services;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Respite care;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Housing adaptations;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>Transportation; and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Other necessary services.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>“Grabau class” means those individuals:</text>
      <paragraph num="(a)">
        <text>Who are confined in a SRC;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Whose level of intellectual and personal skills is sufficient to allow them to function outside the SRC;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Who have been characterized by the SRC as having maladaptive behavior or emotional disturbance of sufficient severity as to require their continued placement with the SRC; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Who have been confirmed as members of the class through an appropriate evaluation and staffing process designated by the DDA.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>“Home and Community Based Waiver (waiver)” means the document and any amendments to it submitted by the single State agency for Title XIX and approved by the Secretary of Health and Human Services, which authorizes the waiver of statutory requirements limiting coverage for home and community based services under the Medicaid State Plan.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Individual” means the person for whom an application for services has been filed with the DDA.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Individual family care home (IFC)” means a private single family residence licensed by the Department under COMAR 10.22.08 which:</text>
      <paragraph num="(a)">
        <text>Under supervision, provides a home for individuals with developmental disability in a family atmosphere; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provides habilitation services for one to three individuals who are not related to the caregiver.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(17)">
      <text>Individual Support Services.</text>
      <paragraph num="(a)">
        <text>“Individual support services” means an array of services that are designed to increase or maintain an individual's ability to live alone or in a family setting.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Individual support services” includes:</text>
        <paragraph num="(i)">
          <text>In-home assistance with meals and personal care;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Counseling;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Physical, occupational, or other therapies;</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Architectural modification; and</text>
        </paragraph>
        <paragraph num="(v)">
          <text>Any other services that the Administration considers appropriate to meet the individual's needs.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>“Knott class” means individuals with intellectual disabilities who were or are deemed inappropriately placed within the Department’s operated behavioral health facilities.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>“Local review committee (LRC)” means the committee established by the regional director to review the service needs of eligible persons and make recommendations to the regional director.</text>
    </paragraph>
    <paragraph num="(20)">
      <text>“Low intensity support services” means support services in accordance with COMAR 10.22.06. Services qualifying for this category are:</text>
      <paragraph num="(a)">
        <text>Designed to be one-time only;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Low cost with a cap of $3,000 per individual per year; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Approved by the regional office only if the cost of the services exceeds $3,000 or the services are needed beyond 1 calendar year.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(21)">
      <text>“Personal contact” means a discussion of circumstances with the applicant, caregiver, or other proponent, when one exists, with a representative of the DDA, who has knowledge in the disability or has access to the assistance of someone with knowledge in the disability, for the purpose of gathering information relevant to the determination of eligibility, service needs, and priorities.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“Preliminary determination” means the outcome of the review of information supplied by or for the individual applying for DDA-funded services to produce an initial assessment of eligibility, service needs, and priorities.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Program” means a prescribed set of services and activities designed to achieve specific objectives related to the needs of the individuals served.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Proponent” means any person or agency who has a legitimate interest in the welfare of the individual applying for DDA services or being served in a DDA-licensed, operated, or funded program.</text>
    </paragraph>
    <paragraph num="(25)">
      <text>“Provider” means a licensed agency which provides services through an appropriate agreement with the Department.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Regional director” means the director's designee who is charged with the management of the service delivery system in a specific geographic area of the State.</text>
    </paragraph>
    <paragraph num="(27)">
      <text>“Resident” means an individual who:</text>
      <paragraph num="(a)">
        <text>Demonstrates that that individual is living in the State voluntarily with an intent to remain on a permanent basis, including children with parents or guardians who reside out of the State;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Resides out-of-State but whose parents or guardians are residents of Maryland; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Is a migrant worker and, while in the State, needs medical care and is not receiving assistance from any other state or political jurisdiction.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(28)">
      <text>“Secretary” means the Secretary of Health.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“Secretary's designee” means the Director of the Developmental Disabilities Administration.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“Service coordinator” means a professional who is assigned the responsibility for assisting the consumer in accessing the service delivery system more efficiently and effectively. This assistance is effected through planning, monitoring, and coordinating the medical, social, habilitative, and vocational services necessary to meet the identified needs of the consumer, as agreed upon and specified in the consumer's individualized service plan.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“State residential center (SRC)” means a place that:</text>
      <paragraph num="(a)">
        <text>Is owned and operated by the State;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provides residential services for individuals with intellectual disabilities and who, because of intellectual disabilities, require specialized living arrangements; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Admits nine or more individuals with intellectual disabilities.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(32)">
      <text>“Waiting list” means, for the purpose of this chapter, those individuals considered eligible for services and who have not received those services under the auspices of these regulations.</text>
    </paragraph>
  </paragraph>
</regulation>