C.M.R. 10, 144, ch. 101, ch. II, 144-101-II-29, subsec. 144-101-II-29.02

Current through 2024-51, December 18, 2024

Subsection 144-101-II-29.02 - DEFINITIONS

29.02-1 Abuse is defined in 22 MRSA §3472 and means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; financial exploitation; or the intentional, knowing or reckless deprivation of essential needs. "Abuse" includes acts and omissions.

29.02-2Activities of Daily Living (ADL) are:

A.Bed Mobility: How person moves to and from lying position, turns side to side, and positions body while in bed;

B.Transfer: How person moves between surfaces to/from: bed, wheelchair, standing position (excluding to/from bath/toilet);

C.Locomotion: How person moves between locations, in room and other areas. If in wheelchair, self-sufficiency once in chair;

D.Eating: How person eats and drinks (regardless of skill);

E.Toilet Use: How person uses the toilet room (or commode, bedpan, urinal), transfers on/off toilet, cleanses, changes pad, manages ostomy or catheter, adjusts clothes;

F.Bathing: How person takes full-body bath/shower, sponge bath and transfers in/out of tub/shower (exclude washing of back and hair); and

G.Dressing: How person puts on, fastens, and takes off all items of street clothing, including donning/removing prosthesis.

29.02-3Administrative Oversight Agency:

a. Is approved by DHHS's Office of Aging and Disability Services (OADS).

b. Enters into a contractual agreement with the Shared Living Provider for oversight and monitoring services.

c. Bills and receives MaineCare reimbursement; and

d. See additional qualifications as described in in 29-10.4.

29.02-4Autism Spectrum Disorder (ASD) means a diagnosis that falls within the category of Pervasive Developmental Disorders, as defined in the Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association), that manifested during the developmental period, in accordance with the definition of autism codified in 34-B MRSA §6002 and accompanying rules.

29.02-5Agency Home Support means a Provider Managed Service Location that routinely employs direct care staff to provide direct support services.

29.02-6Authorized Entity is the organization authorized by the Department of Health and Human Services (DHHS) to perform specified functions pursuant to a signed contract or other approved signed agreement.

29.02-7Case Manager is a person who works in determining, coordinating, and arranging appropriate and available services for members and facilitating the development of the Personal Plan. This person may also be referred to as an Individual Support Coordinator.

29.02-8Clinical Review Team (CRT) is a multi-disciplinary team of qualified professionals that have work experience with adults with Intellectual Disabilities and Autism Spectrum Disorder. The CRT will partner with the resource coordinators to review and approve Medical Add-On; all initial classifications to the waiver; and home support service requests. The CRT will also be responsible for systematic reviews to determine that members are authorized at an appropriate level of service in accordance with the member's personal plan.

29.02-9Correspondent is a person designated by the Maine Developmental Services Oversight and Advisory Board to act as a next friend of a person with Intellectual Disabilities or Autism Spectrum Disorder.

29.02-10Designated Representative means the DHHS staff or Authorized Entity authorized by DHHS to perform specified functions.

29.02-11Direct Supports are a range of services that contribute to the health and well-being of the member and his or her ability to live in or be part of the community. Direct support services may include personal assistance or services that support personal development, or services that support personal well-being. The emphasis and purpose of the direct support provided may vary depending on the type of service.

Direct supports include the following:

Personal Assistance is assistance provided to a member in performing tasks the member would normally perform if the member did not have his or her disability. Personal assistance may include guiding, directing, or overseeing the performance of self-care and self-management of services.

Self-Care includes assistance with eating, bathing, dressing, mobility, personal hygiene, and other services of daily living; assistance with light housework, laundry, meal preparation, transportation, grocery shopping, and assistance with health and nutrition maintenance, including assessing well-being and identifying need for medical assistance; complying with nutritional requirements as specified in the Personal Plan; administration of non-prescription medication that are ordinarily self-administered; and administration of prescription medication, when provided by a person legally authorized to assist with the administration of medication.

Self-Management includes assistance with managing safe and responsible behavior; exercising judgment with respect to the member's health and well-being; communication, including conveying information, interpreting information, and advocating in the member's interests; managing money including paying bills, making choices on how to spend money, keeping receipts, and expending funds with the permission of a member's representative payee. Self-management also includes teaching coping skills, giving emotional support, and guidance to other resources the member may need to access.

Activities that Support Personal Development include teaching or modeling for a member self-care and self-management skills, physical fitness, behavior management; sensory, motor and psychological needs; interpersonal skills to cultivate supportive personal, family, work and community relationships; resources and opportunities for participation in services to promote social and community engagement; participation in spiritual services of the member's choice; motivating the pursuit of personal development and opportunities; teaching or modeling informed choice by gathering information and practicing decision making; and learning to exercise.

Services that Support Personal Well-being include directly or indirectly intervening to promote the health and well-being of the member. This may include identifying risks such as risk of abuse, neglect or exploitation; participating in a member's risk assessment, identifying and reporting to an immediate supervisor changes in health status and behavior; anticipating or preventing unsafe or destructive behavior; and safely intervening against undesirable behavior according to an intervention plan. In the absence of a plan, intervention must be consistent with DHHS's rule governing emergency intervention and behavioral treatment for persons with intellectual disabilities (14-197 CMR Chapter 5). It may also be necessary to seek emergency medical or safety assistance when needed and comply with reporting requirements.

29.02-12Employment Setting for either Work Support-Individual or Work Support-Group means a work setting that is integrated with non-disabled employees in a variety of ways. The job must be one that is available to a non-disabled employee with the same expectations for the member's job performance and attendance. The member works under similar work conditions as others without disabilities in similar positions; including access to lunchrooms, restrooms, and breaks. The member performs work duties with ongoing interaction with other workers without disabilities, and has contact with customers, suppliers and the public to the same degree as workers without disabilities in the same or comparable occupations. The member cannot be excluded from participation in company-wide events such as holiday parties, outings and social activities. Staff providing Work Support or Employment Support Services at the worksite are not considered non-disabled employees in determining the level of integration. For those agencies that currently operate under an award from Ability One (http://www.AbilityOne.org), the federal workforce guidelines associated with this funding source will apply to the services funded by the NISH contract. The member can be on the employer's payroll. Members may receive additional employment supports from a provider agency. A member must be supervised in a manner identical to other employees. It is permissible, on a case by case basis to have the support provider offer and provide this supervision as long as the above conditions are met.

29.02-13Exploitation means the illegal or improper use of an incapacitated or dependent member or that member's resources for another's profit or advantage as defined in 22 MRS §3472.

29.02-14Habilitation is a service that is provided in order to assist a member to acquire a variety of skills, including self-help, socialization and adaptive skills. Habilitation is aimed at raising the level of physical, mental and social functioning of a member. Habilitation is contrasted to rehabilitation which involves the restoration of function that a person has lost.

29.02-15Instrumental Activities of Daily Living (IADL) include only the following: main meal preparation; routine housework; grocery shopping and storage of purchased groceries; and laundry either within the residence or at an outside laundry facility.

29.02-16Intellectual Disability (ID) means a diagnosis as defined in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (American Psychiatric Association), that manifested during the developmental period, in accordance with the definition of Intellectual Disability codified in 34-B MRSA §5001.

29.02-17Medical Add On is an increase in the rate paid to address short or long term medical needs and is approved by the CRT. Medical Add-On is a component of Home Support, Community Support, Employment Specialist Services, Work Support-Individual and is included in the established authorization (as described in Section 29.04-1). It is not a separately billable activity. Billing may not exceed the Home Support, Community Support, Employment Specialist Services, and Work Support-Individual authorized units of service. Documentation must clearly identify and support periods of such activity. Refer to Appendix I for more information.

29.02-18Member is a person determined to be eligible for MaineCare benefits by the Office for Family Independence (OFI) in accordance with the eligibility standards published by the OFI in the MaineCare Eligibility Manual. Some members may have restrictions on the type and amount of services they are eligible to receive.

29.02-19Neglect means a threat to a member's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these as defined in 22 MRSA §3472.

29.02-20On Behalf Of is a billable activity that is provided for individual members and is not necessarily a direct face-to-face service. On Behalf Of is a component of Home Support, Community Support, Employment Specialist Services and Work Support. It is included in the established authorization and is not a separately billable activity . Documentation detail must clearly identify and support periods of such service.

29.02-21Personal Plan is a member's plan developed at least annually that identifies the services required under the waiver benefit. The Personal Plan must also include services and supports not covered by the waiver but identified by the member. Only covered services included on the Personal Plan are reimbursable. The Personal Plan may also be known as a person centered plan, a service plan, an individual support plan, or an individual education plan, as long as the requirements of Section 29.04 are met.

29.02-22Prior Authorization is the process of obtaining written prior approval by the Department's Designated Representative as to the medical necessity and eligibility for a service.

29.02-23Qualified Intellectual Disability Professional (QIDP) is a person who has at least one year of experience working directly with persons with intellectual disabilities or other developmental disabilities and is one of the following:

1) a doctor of medicine or osteopathy;

2) a registered nurse; or

3) an individual who holds at least a bachelor's degree as specified in title 42 Code of Federal Regulations (CFR) 483.430, paragraph (B)(5).

29.02-24Qualified Vendor is a provider approved by DHHS to provide waiver services to eligible members receiving services under this Section. DHHS requires agencies to provide high quality services that, at a minimum, meet the expectations of the members who utilize those services. DHHS may authorize agencies to provide services under this Section after an application, along with supporting documentation, has been submitted to a Designated Representative for review and approval. The Designated Representative will authorize only agencies that meet DHHS expectations in the areas of organization and operation, operation of individual programs or services, personnel administration, environment and safety, and quality management. Only Qualified Vendors will receive DHHS referrals and authorizations for reimbursement.

29.02-25Shared Living (Foster Care-adult) is a model in which services are provided to a member by a person who meets all of the requirements of a Direct Support Professional with whom that member shares a home. The home may belong to the provider or the member, but the provider must enter into a contractual relationship with an Administrative Oversight Agency in order to provide services under this model. Only one member may receive services in any one Shared Living arrangement at the same time, unless a relationship existed prior to the service arrangement and the arrangement is approved by DHHS. In such case, no more than two members may be served in any one Shared Living arrangement concurrently. Please see 29.10-4 for additional qualifications.

29.02-26Shared Living Provider is a provider who subcontracts with an agency to provide direct support to a member, with whom they share a home. The Shared Living Provider must be a Certified Direct Support Professional (DSP) who has met all the requirements to provide this service. The Shared Living Provider must enter into a contractual relationship with the Administrative Oversight Agency in order to provide services to a member. The agency supports the provider in fulfilling the requirements and obligations agreed upon by the DHHS, the Administrative Oversight Agency, and the member's Personal Plan. See 29.10-4 for additional qualifications.

29.02-27Utilization Review is a formal assessment of the medical necessity, efficiency and appropriateness of services on a prospective, concurrent or retrospective basis.

29.02-28Year services are authorized on the state fiscal year, July 1 through June 30.

C.M.R. 10, 144, ch. 101, ch. II, 144-101-II-29, subsec. 144-101-II-29.02