Arizona Administrative Code › Title 6 - ECONOMIC SECURITY › Chapter 6 - DEPARTMENT OF ECONOMIC SECURITY - DEVELOPMENTAL DISABILITIES › Article 1 - GENERAL PROVISIONS › Section R6-6-101 - Definitions

Current through Register Vol. 30, No. 28, July 12, 2024
In addition to the definitions found in A.R.S. §§
									36-551 and
				  36-596.51,
				  the following definitions apply to this Chapter, unless otherwise provided in a
				  specific Article of this Chapter:
1. "Administrative Review" means a mechanism of informal
				  review for decisions made by the Division of Developmental Disabilities.
2. "Adult" means a person aged 18 years or above.
3. "Agency" means any organization, funded by the Division,
				  which provides services to individuals with developmental disabilities.
4. "Agency administrator" means the Chief Executive Officer
				  or designee of an agency.
5. "AHCCCS" means the Arizona Health Care Cost Containment
				  System.
6. "ALTCS" means the Arizona Long-term Care System.
7. "ALTCS service provider" means those service providers
				  through whom health care services are delivered to DD/ALTCS clients.
8. "Appeals Board" means the Department of Economic Security
				  Appeals Board.
9. "Appellant" means any person or the Department who appeals
				  an action under
				  R6-6-1801 et
				  seq.
10. "Appellate Services Administration/Long-term Care" means
				  the Appellate Services Administration/Long-term Care within the Department of
				  Economic Security.
11. "Applicant" means the responsible person as defined in
				  A.R.S. §
									36-551 who
				  has applied for Division services.
12. "Assignment of benefits" means the insurer is entitled to
				  deal with the assignee as the owner or pledgee of the policy in accordance with
				  the terms of the assignment.
13. "Behavior management" means procedures designed to
				  increase a client's appropriate behaviors and decrease inappropriate behaviors
				  which are a problem to the client or others.
14. "Behavior-modifying medications" means drugs which are
				  prescribed, administered, and directed for the purpose of reducing or
				  eliminating certain behaviors.
15. "Benefits" means, for the purpose of determining cost of
				  care portion under Article 12, monies received from SSI, SSA, or other
				  governmental funds which may be subject to a cost of care portion for
				  residential and other services provided by the Division.
16. "Case plan" means a written document used by child
				  welfare staff which is a separate and distinct part of the case record. It
				  identifies the case plan goal and target date, objectives, tasks, time-frames,
				  responsible parties, consequences, and barriers. The child welfare care manager
				  is responsible for the development and implementation of the case plan in
				  consultation with the family and service team.
17. "Child" means a person under the age of 18 years.
18. "Community residential setting resident" or "resident"
				  means any person placed for care in a community residential setting whether or
				  not the person is a client of the Department.
19. "Cost of care" means the dollar value of services listed
				  in
				  R6-6-1201(B)
				   provided to a client through the
				  Division.
20. "Cost of care portion" means the percentage of a client's
				  cost of care that a parent, client, or responsible person may be required to
				  pay to the Division to help offset the cost of the client's care.
21. "DD/ALTCS client" means an individual with developmental
				  disabilities who has met the eligibility criteria of both the Division of
				  Development Disabilities and the Arizona Long-term Care System (ALTCS).
22. "DD/non-ALTCS client" means an individual who has met the
				  eligibility criteria of the Division but who does not meet the eligibility
				  criteria of ALTCS.
23. "Direct care staff" means a person who is employed or
				  contracted to provide direct services to clients by either a community
				  residential setting licensee or license applicant, or by an agency applying for
				  or certified to provide Home and Community-based Services.
24. "District Program Manager" or "DPM" means the Division of
				  Developmental Disabilities' administrator or designee in each of the
				  Department's six planning districts.
25. "Emergency measures" means physical management techniques
				  used in an emergency to manage a sudden, intense, or out-of-control
				  behavior.
26. "Evacuation device" means equipment used to facilitate
				  the evacuation of a community residential setting in the event of an
				  emergency.
27. "Exclusion time-out" means a time-out procedure in which
				  an individual is removed from a reinforcing environment to an environment which
				  is less reinforcing or in which there is less opportunity to earn
				  reinforcement.
28. "Family support services" means those services and
				  supports provided by the division and are designed to strengthen the family's
				  role as a primary care giver, prevent inappropriate out-of-home placement,
				  maintain family unity, and reunite families with members who have been placed
				  out of the home."
29. "Family support voucher" means a written authorization
				  provided to a client or responsible person to purchase family support
				  services.
30. "Fee for service" means the costs that are assessed
				  pursuant to
				  R6-6-1201
				  et seq. for services received from or through the Division.
31. "Fire Risk Profile" means an instrument prescribed by the
				  Division that yields a score for a facility based on the ability of the
				  resident to evacuate the community residential setting.
32. "Forced Compliance" means a procedure in which an
				  individual is physically forced to follow a direction or command.
33. "Grievant" means any person who is aggrieved by a
				  decision of the Department.
34. "Health insurance payments" means the assignment of
				  rights to medical support or other third-party payments for medical
				  care.
35. "Health Plan" means a service provider of health-related
				  services.
36. "Hearing Officer" means any person selected to hear and
				  render a decision in an appeal under Article 22 of this Chapter.
37. "Human Rights Committee" or "HRC" means a committee
				  established by the Director to provide independent oversight and review as
				  described in
				  R6-6-1701 et seq.
38. "IEP" or "Individualized Education Plan" means a written
				  statement for providing special education services to a child with a disability
				  that includes the pupil's present levels of educational performance, the annual
				  goals, and the short-term measurable objectives for evaluating progress toward
				  those goals and the specific special education and related services to be
				  provided.
39. "Income" means, as used in Article 12, net taxable income
				  as reported on the person's last tax return.
40. "Individual service and program plan" or "ISPP" means a
				  written statement of services to be provided to an individual with
				  developmental disabilities including habilitation goals and objectives and
				  determinations as to which services, if any, the client may be assigned. The
				  ISPP incorporates and replaces the Individual Program Plan and the placement
				  evaluation, both as defined in A.R.S. §
									36-551,
				  and the service plan as defined in A.R.S. §
									36-2938.
41. "Individual service and program plan team" or "ISPP team"
				  means a group of persons assembled by the Division and coordinated by the
				  client's case manager in compliance with A.R.S. §§
									36-551 and
				  36-560 to
				  develop an ISPP for each client.
42. "Insured" means the party to an insurance arrangement to
				  whom, or on behalf of whom, the insurance company agrees to indemnify for
				  losses, provide benefits, or render services.
43. "Insurer" means the insurance company assuming risk and
				  agreeing to pay claims or provide services.
44. "Least intrusive" or "least obtrusive" means the level of
				  intervention necessary, reasonable, and humanely appropriate to the client's
				  needs, which is provided in the least disruptive or invasive manner
				  possible.
45. "License applicant" means a person or business entity
				  which submits an application to the Division for an initial or a renewal
				  license to operate a community residential setting.
46. "Licensee" means a person or entity licensed as a
				  community residential setting, or a person designated by such person or entity
				  to be responsible for carrying out the requirements under these rules.
47. "Lives independently" means a client who lives in a
				  primary residence in which the Division does not fund, in whole or in part,
				  daily habilitation or room and board and for which the client secures the
				  residence and is the principle signatory on the lease or rental agreement;
				  makes decisions regarding roommates, furnishings, and arrangements for on-site
				  services; makes the payments relating to the residence; and makes decisions to
				  terminate such arrangements or lease or rental agreement.
48. "Main provider record" means a record maintained by a
				  service provider which contains all pertinent information concerning the
				  evaluations of, and the services provided to, a client, and which is located in
				  a designated place.
49. "Mechanical restraint" means any mechanical device used
				  to restrict the movement or normal function of a portion of the client's body,
				  excluding only those devices necessary to provide support for the achievement
				  of functional body position or proper balance.
50. "Medically necessary services" means those covered
				  services provided by a physician or other licensed practitioner of the healing
				  arts within the scope of their practice under state law to prevent disease,
				  disability, and other adverse health conditions or their progression or to
				  prolong life.
51. "Medication error" means that one or more of the
				  following has occurred: a client is given the wrong medication or the wrong
				  dosage, the medication is given at the wrong time or not given at all, or the
				  medication is given via the wrong route or to the wrong person.
52. "Monitoring" means the process of reviewing licensed
				  adult and child developmental homes and community residential settings for
				  compliance with licensing, contractual, or programmatic requirements.
53. "Office of Appeals" means the Office of Appeals of the
				  Department of Economic Security.
54. "Overcorrection" means a group of procedures designed to
				  reduce inappropriate behavior, in specifically:
a. Requiring a client to restore the environment to a state
				  vastly improved from that which existed prior to the inappropriate behavior;
				  or
b. Requiring a client to repeatedly practice a
				  behavior.
55. "Party" means any person appealing an action under
				  R6-6-1801 et seq. or
				  the Department.
56. "Physical restraint" means a procedure whereby one or
				  more persons restrict a client's freedom of movement for the purpose of
				  managing the client's behavior.
57. "Policy" in Article 13 means the written contract
				  effecting insurance or the certificate thereof by whatever name called, and
				  papers attached thereto and made a part thereof.
58. "Program contractor" means the Division of Developmental
				  Disabilities in its position as program contractor to AHCCCS.
59. "Program Review Committee" or "PRC" means a group of
				  persons designated by the District Program manager to review and approve or
				  disapprove all behavior management programs before such programs may be
				  implemented or sent to the Human Rights Committee.
60. "Program Unit" means a location where services are
				  provided.
61. "Protective device" means an appliance used to prevent a
				  client from engaging in self-injurious behavior, used by a medical practitioner
				  to restrain an individual while a treatment or procedure is being performed, or
				  authorized by a medical practitioner for use in response to a medical
				  condition.
62. "Residential service" means a residential living
				  arrangement operated by the Division or by providers funded by the Division, in
				  which clients live with varied degrees of appropriate supervision.
63. "Reinforcer" means any consequence that maintains or
				  increases the future probability of the response it follows.
64. "Response cost" means a procedure designed to decrease
				  inappropriate behaviors by removing earned reinforcers or possessions as a
				  consequence of an inappropriate behavior.
65. "Responsible party" means a client or a person or entity
				  that is obligated or liable to pay the cost of care for a client, including the
				  parent of a minor client, representative payee, guardian, or conservator, and
				  the personal representative of an estate, or the trustee of a trust of which
				  the client is a beneficiary.
66. "Seclusion" or "locked time-out room" means the placement
				  of a client in a room or other area from which the client cannot leave.
67. "Service provider" means an agency or individual
				  operating under a contract or service agreement with the Department to provide
				  services to Division clients.
68. "Services" means developmental disability programs and
				  activities consistent with family support philosophy and operated by or
				  contracted for the Department directly or indirectly, including residential
				  services, family and child services, family and adult services, and case
				  management and resource services.
69. "Standards" means Arizona Revised Statutes,
				  administrative rules, the Code of Federal Regulations, interagency and
				  intergovernmental agreements, and contract provisions that apply to licensing
				  and monitoring community residential settings.
70. "Tardive Dyskinesia" means a slow, rhythmic, automatic
				  stereotyped movement which occasionally occurs, either generalized or in single
				  muscle groups, as an undesired side effect of therapy with certain psychotropic
				  drugs.
71. "Third-party liability" means the resources available
				  from a person or entity that is or may be, by agreement, circumstances, or
				  otherwise, liable to pay all or part of the medical expenses incurred by a
				  Division client.
72. "Third-party payor" means any individual, entity, or
				  program that is or may be liable to pay all or part of the medical cost of
				  injury, disease, or disability of a Division client.
73. "Time-out device" means a secured room or area used to
				  enforce a "time-out procedure."
74. "Time-out procedure" means a procedure in which the
				  client's access to sources of various forms of reinforcement is removed for the
				  purpose of decreasing a client's inappropriate behavior.
75. "Vulnerable adult" means an individual who is 18 years of
				  age or older and who is unable to protect himself from abuse, neglect, or
				  exploitation by others because of a mental or physical impairment according to
				  A.R.S. §
									13-3623.