Section 197-8-02 - DEFINITIONS1.Advocate means an employee of Maine's Protection and Advocacy Agency, unless a Person Receiving Services has designated another individual or organization to be the advocate, in which case it is that person.2.Case Manager means Department of Health and Human Services case management staff, community case management staff, care coordinator staff or other persons with responsibility for coordinating and/or monitoring the planning process and services for a Person Receiving Services. Case Manager supervisors may perform the functions assigned to Case Managers in this rule and when doing so are included within the definition of Case Manager.3.Correspondent means a person designated by the Maine Developmental Services Oversight and Advisory Board, or its successor, to act as a next friend of a person with an intellectual disability or autism spectrum disorder.4.Department means the Maine Department of Health and Human Services, or its successor.5.Developmental Disability and Brain Injury Services means the program within the Department responsible for the administration of the system of care for eligible persons with an intellectual disability, Autism Spectrum Disorder, or an acquired brain injury. 6.Grievance means a complaint by a Person Receiving Services about (1) either an action or inaction by the Department, or a Provider that violates (a) a right or basic protection pursuant to 34-B M.R.S. § 5605, or (b) a Department rule, which violation causes the Person Receiving Services harm or may reasonably and foreseeably cause such harm, or (2) the services or supports presently being provided to the Person Receiving Services. Grievance includes a complaint regarding:
A. The planning process for the Grievant;B. A violation of other applicable laws;C. A violation by a Provider of a requirement of the Provider's license or certification; orD. A breach of a contract for services to which the Persons Receiving Services is a party of under which the Person Receiving Services is an intended beneficiary.7.Grievance Levels. Since most Grievances can and should be resolved informally, while others may require a full, formal administrative appeal hearing, the Department has established three, sequential levels in the Grievance resolution process. A. Level I. Review of and attempt to resolve the Grievance by the Case Manager serving the Grievant or by the Protection and Advocacy Agency;B. Level II. Review of and attempt to resolve the Grievance and decisions regarding the Grievance by the Office of Aging and Disability Services (OADS);C. Level III. Administrative hearing pursuant to the Maine Administrative Procedure Act, 5 M.R.S. §§ 9051- 9064.8.Grievant means a person who has submitted a Grievance in conformance with this rule.9.Guardian means the legal guardian of a person, including the Department in its capacity as a Public Guardian.10.Hearings Unit means the State Administrative Hearings Office chosen by the Department to conduct administrative hearings on Grievances arising pursuant to Department rules and regulations.11.Person Receiving Services means a person with an intellectual disability, Autism Spectrum Disorder, or acquired brain injury receiving services from the Department or from an individual, agency, or facility licensed or funded to provide services to persons with an intellectual disability, Autism Spectrum Disorder, or acquired brain injury except those presently in execution of criminal sentences (34-B M.R.S. § 5601 (5-A)).12. "Provider means an individual, agency, or facility licensed or funded to provide services to persons with an intellectual disability, Autism Spectrum Disorder, or acquired brain injury who are receiving services.13.Protection and Advocacy Agency means the Governor-designated agency pursuant to 5 M.R.S. § 19502. 14.Representative, in the context of this rule, means the Guardian, Correspondent, individual designated by the Person Receiving Services, and/or Advocate for the Person Receiving Services.14- 197 C.M.R. ch. 8, § 02