Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 05 - Developmental Disabilities Services › Rule 016.05.17-002 - DDS Policy 1086 - Human Development Center and Discharge Rules

Current through Register Vol. 49, No. 6, June, 2024
I.
POLICY
:
This rule replaces existing policies in order to clarify that
				admission and continued residence at Human Development Centers is limited to
				eligible individuals who need and can benefit from care and active treatment at
				an intermediate care facility for individuals with developmental/intellectual
				disabilities. This rule establishes guidelines for discharge of individuals
				from the Human Development Centers (HDC) operated by Developmental Disabilities
				Services (DDS). This rule applies to all applicants for and recipients of human
				development center services regardless of whether the applicant or recipient is
				Medicaid eligible.
II.
SUBSTANTIVE RULES:
(a)
Definitions:
1.
Active Treatment
:
			 A continuous program of aggressive, consistent, specialized and generic
			 training, treatment, health services and related services described in
			 42
			 C.F.R. 483.440(A) Chapter
			 IV, Subchapter G, Part 483, Subpart I.
2.
Adverse
			 determination
: A DDS determination of an individual's written
			 application for or opposition to:
A.
			 Eligibility for DDS services;
B.
			 HDC admission, transfer, or discharge; that is contrary to the individual's
			 written application or opposition.
3.
Annual Status
			 Review
: A review conducted at least at twelve-month intervals
			 after admission to:
A. Assess the client's
			 status;
B. Review and, if necessary
			 recommend changes to the client's program plan; and
C. Determine the client's continued HDC
			 eligibility.
4.
Disability
: The deprivation of physical or mental
			 capacity.
5.
Emergency
: Unforseen life threatening circumstances
			 that necessitate immediate HDC placement because no other safe alternatives are
			 available.
6.
Human
			 Development Center (HDC):
a state-operated intermediate care
			 facility (ICF)for individuals with developmental/intellectual disabilities that
			 provides residential care and active treatment services to eligible
			 developmentally disabled individuals.
7.
Interdisciplinary
			 Team
: a team constituted and functioning in accordance with 42
			 C.F.R. Chapter IV, Subchapter G, Part 483, Subpart I. For purposes of admission
			 and the annual status review, the interdisciplinary team shall include a
			 licensed physician.
8.
Independent Assessment:
A standardized functional
			 assessment performed by a third party vendor to determine eligibility of DDS
			 services based on a person's individual needs.
See
Independent
			 Assessment Manual.
9.
Primary Disability
: The condition having the greatest
			 impact on the individual's ability to function.
10.
Primary
			 Diagnosis
: A licensed physician's opinion of the individual's
			 primary disability.
11.
Psychological Team:
DDS Psychological Examiner who
			 determines Intermediate Level of Care (ICF) for individuals with
			 developmental/intellectual disabilities.
12.
Transfers
: A
			 transfer occurs when an HDC resident is admitted to another HDC. Transfers
			 shall be accomplished by application for admission to the second HDC. If the
			 application is approved, the individual shall be discharged from the first HDC
			 at the time the individual is transported to the second HDC (see DDS Policy
			 1036 HDC Transfers).