Section 197-12-1 - DEFINITIONS1.Abuse: 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, through acts or omissions.2.Adult Protective Services (APS): the unit within the Department responsible for carrying out the requirements of 22 M.R.S. §3473, including receiving, promptly investigating, and determining the validity of reports of alleged Abuse, Neglect, and Exploitation of incapacitated and dependent adults and reports of the substantial risk of Abuse, Neglect, and Exploitation of incapacitated and dependent adults.3.Adult Protective Services (APS) Central Intake: the Department APS unit's 24/7 telephone line through which any individual may and all Mandated Reporters shall report allegations of Abuse, Neglect, or Exploitation of a dependent or incapacitated adult.4.Care Coordinator: a staff person who is responsible for the development and ongoing support of the implementation of the care plan of an Individual Receiving Services including monitoring the health, welfare, and safety of the Individual Receiving Services.5.Case Manager: an individual responsible for assuring the timely convening of the personal planning team, developing the personal plan, monitoring the planned services received, and ensuring that those services meet the requirements set forth in the plan for an Individual Receiving Services.6.Emergency Medical Services: acute medical care services provided by a paramedic in an out-of-hospital setting.7.Emergency Restraint: an unplanned physical action that limits or controls the voluntary movement of an Individual Receiving Services against his or her will and that deprives an Individual Receiving Services of the use of all or part of his or her body or maintains an Individual Receiving Services in an area through physical presence, physical limitation, or coercion.8.Exploitation: the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage.9.Follow-Up Report: a required written account submitted by Provider staff through the Reportable Event Database following any Reportable Event explaining the known cause or likely cause of a Reportable Event and any Remediation Action Steps taken or to be taken in response to the Reportable Event.10.Hospital: a licensed acute health care facility that provides diagnosis and treatment for injuries and illnesses. As used in this rule, Hospital includes licensed psychiatric hospitals and licensed psychiatric units.11.Individual Receiving Services: an adult with a developmental disability, such as an intellectual Disability or Autism Spectrum Disorder, determined eligible for and receiving services from a provider of services licensed, funded, or regulated in whole or in part by the Department, or an adult with an acquired brain injury determined eligible for and receiving waiver services from a provider of services licensed, funded, or regulated in whole or in part by the Department.12.Internal Review: required analysis performed by a Provider following a Reportable Event to determine the cause of the Reportable Event .13.Law Enforcement Intervention: Individual Receiving Services is charged with a crime or is the subject of a police investigation, which may lead to criminal charges; an individual is a victim of a crime; crisis intervention involving police or law enforcement personnel.14.Mandated Reporter: as defined in 22 M.R.S. §3477, a person required to report to the Department when the person knows or has reasonable cause to suspect that an incapacitated or dependent adult has been or is likely to be abused, neglected, or exploited.15.Medication Error: an event relating to a medication taken by an Individual Receiving Services that leads to a health or safety concern of a serious and immediate nature based on inappropriate prescription, packaging, dispensing, administration, monitoring, or an individual's refusal to take a medication where serious health or safety implications result.16.Mortality Review Committee: the committee made up of Department staff tasked with analyzing aggregate data related to the deaths of Individuals Receiving Services to identify patterns and trends and make recommendations to improve care based on trend analysis.17.Mortality Review Form: the Reportable Event Database form completed by the Case Manager or Care Coordinator of an Individual Receiving Services following the death of the Individual Receiving Services.18.Neglect: a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these.19.Physical Plant: a home, program site, or facility where an Individual Receiving Services resides and the property where the residence is located.20.Protection and Advocacy Agency: the Governor-designated agency pursuant to 5 M.R.S. §19502.21.Provider: an agency licensed, funded, or regulated in whole or in part by the Department that provides support services to an Individual(s) Receiving Services.22.Remediation Action Step: a measure intended to make a Reportable Event less likely to occur again in the future, including changes to a physical environment, changes in Provider or individual staff practices, and other preventative measures.23.Reportable Event: any incident involving an Individual Receiving Services that falls into any of the categories listed in Section 2(2)(A)(1) -(16).24.Reportable Event Database: the electronic system designated by the Department through which Reportable Events and follow-up documentation are submitted.25.Required Reporter: any individual involved in the support of an Individual Receiving Services, including, but not limited to Mandated Reporters. 26.Rights Violation: any action or inaction that deprives an Individual Receiving Services with an intellectual disability or autism of any of the rights or basic protections described in 34-B M.R.S. §5605.27.Serious Injury: an injury where an Individual Receiving Services requires treatment beyond first aid. 28.Suicide Attempt: an intentional attempt to end one's life. This definition does not include self-injurious behavior where the individual does not intend to end his or her own life.29.Suicide Threat: a verbal or written statement, action, or gesture of an Individual Receiving Services that indicates a present intention to end his or her life and a plan to end his or her life.14- 197 C.M.R. ch. 12, § 1