Md. Code Regs. 10.22.15.02

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.22.15.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Administration" means the Developmental Disabilities Administration (DDA).

(2) "Appropriate evaluation" means the assessment of an individual using accepted professional standards to determine the presence or absence of a developmental disability:

(a) As defined in Health-General Article, §7-101(e), Annotated Code of Maryland; or

(b) That qualifies the individual for individual support services only as defined in Health-General Article, §7-403(c), Annotated Code of Maryland.

(3) "Community placement" means when an individual is discharged from a State residential center into the community and receives community-based services.

(4) "Department" means the Department of Health and Mental Hygiene.

(5) "Developmental disability" means a severe, chronic disability of an individual that:

(a) 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;

(b) Is manifested before the individual becomes 22 years old;

(c) Is likely to continue indefinitely;

(d) Results in an inability to live independently without external support or continuing and regular assistance; and

(e) 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.

(6) "Eligibility for support services only" means an individual has a severe chronic disability that is:

(a) 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

(b) Likely to continue indefinitely.

(7) "Family caregiver" means any of the following who is residing with the eligible individual:

(a) Spouse;

(b) Biological, adoptive, or foster parent;

(c) Guardian;

(d) Sibling;

(e) Grandparent; or

(f) Other related next of kin.

(8) Family Support Services.

(a) "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 family home.

(b) "Family support services" includes:

(i) Individual and family counseling;

(ii) Personal care;

(iii) Day care;

(iv) Specialized equipment;

(v) Health services;

(vi) Respite care;

(vii) Housing adaptations; and

(viii) Transportation.

(9) "Individual" means the person for whom an application for services has been filed with the Administration.

(10) Individual Support Services.

(a) "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.

(b) "Individual support services" includes:

(i) In-home assistance with meals and personal care;

(ii) Counseling;

(iii) Physical, occupational, or other therapies;

(iv) Architectural modification; and

(v) Other services that the Administration considers appropriate to meet an individual's needs.

(11) "Individualized community integration day services" means any full-time or part-time program of habilitation, health-related services, scheduled training, or skills development activities conducted outside the individual's home.

(12) Individualized Supported Living Arrangements Services.

(a) "Individualized supported living arrangements services" means residential services provided in alternative living units (ALUs), community supported living arrangements (CSLA), and any other community residential arrangement which is individualized.

(b) "Individualized supported living arrangements services" does not include group homes.

(13) "Previous resident of a State residential center" means an individual who:

(a) Was a resident of that facility on the first day of that fiscal year; and

(b) Had resided at the facility at least 120 days during the 180 days immediately preceding placement in the community.

(14) "Respite care" means short-term care not to exceed 14 consecutive days or 28 days in a 12-month period that is made available to provide relief for the individual with whom the developmentally disabled individual ordinarily lives.

(15) "State residential center (SRC)" means a place that:

(a) Is owned and operated by the State;

(b) Provides residential services for an individual with an intellectual disability and who, because of an intellectual disability, requires specialized living arrangements and meets the criteria under Health-General Article, §§7-502 and 7-505, Annotated Code of Maryland; and

(c) Admits nine or more individuals with intellectual disabilities.

(16) "Supported employment" means paid competitive employment in an integrated work setting consistent with the federal Rehabilitation Act 1992 amendments.

(17) "Waiting list" means those individuals who have:

(a) Applied for services from the Administration in accordance with COMAR 10.22.12.04 ;

(b) Been considered eligible for services in accordance with COMAR 10.22.12.06 ; and

(c) Not yet received services for which they have applied from the Administration.

(18) "Waiting list equity fund (WLEF)" means the fund established according to the requirements specified in Health-General Article, §7-206, Annotated Code of Maryland.

Md. Code Regs. 10.22.15.02

Regulations.02 adopted as an emergency provision effective February 27, 1996 (23:6 Md. R. 470); emergency status extended to September 23, 1996 (23:14 Md. R. 1006); adopted permanently effective September 23, 1996 (23:19 Md. R. 1376)
Regulation .02B amended effective 40:23 Md. R. 1934, eff.11/25/2013