Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 404 - DEVELOPMENTAL DISABILITIES SERVICES › Chapter 2 - DEFINITIONS › Section 404-2-001 - DEFINITIONS

Current through June 17, 2024
For the purposes of these regulations, definitions found in
				  the Developmental Disabilities Services Act (Nebraska Revised Statute [Neb.
				  Rev. Stat.] §§
									83-1201
				  to
				  83-1226),
				  the Public Guardianship Act (Neb. Rev. Stat. §§
									30-4101
				  to
				  30-4118),
				  the Workforce Innovation and Opportunity Act 34 C.F.R. parts 361, 363, and
				  397), the Adult Protective Services Act (Neb. Rev. Stat. §§
									28-348
				  to
				  28-387),
				  the Child Protection and Family Safety Act (Neb. Rev. Stat. §§
									28-710
				  to
				  28-727),
				  and the following definitions apply:
001.01
APPLICANT FOR
				CERTIFICATION.
The individual, governmental entity, corporation,
				partnership, limited liability company or other form of business organization
				who applies for certification as a provider of specialized services.
001.02
ASSESSMENT.
The process of evaluating and identifying the preferences, skills, and needs of
				a participant and what services, interventions, and supports would facilitate
				the health, safety, and welfare of that participant.
001.03
CERTIFIED
				PROVIDER.
The person or entity providing developmental
				disabilities services and to whom the Department has issued a
				certification.
001.04
DEPARTMENT.
The Department has the same definition as
				set forth in Neb. Rev. Stat. §
									83-1204.
001.05
DIRECTOR.
The
				person hired by, reporting to, and authorized by the certified provider to
				direct the day-to-day activities of the provider agency. The director may also
				be identified as the administrator, executive director, chief executive
				officer, program administrator, or other similar terms.
001.06
EMERGENCY SAFETY
				SITUATION.
Unanticipated behavior by a participant that places the
				participant or others at serious threat of violence or injury if no
				intervention occurs and that requires an emergency safety
				intervention.
001.07
EMERGENCY SAFETY INTERVENTION.
Use of physical
				restraint or separation as an immediate response to an emergency safety
				situation.
001.08
EMOTIONAL ABUSE.
Humiliation, harassment, threats of
				punishment or deprivation, sexual coercion, or intimidation, resulting in
				emotional harm or emotional anguish.
001.09
INTERMEDIATE CARE FACILITY
				FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (ICF/DD).
Intermediate care facility for persons with developmental disabilities, has the
				same definition as that set forth at Neb. Rev. Stat. §
									71-421.
001.10
INDIVIDUAL SUPPORT PLAN
				(ISP).
A written plan which identifies the supports, activities,
				and resources required for a participant to achieve and maintain personal goals
				and health and safety.
001.11
INDIVIDUAL SUPPORT PLANNING TEAM.
The team, consisting
				of the participant, legal representative, if applicable, service coordinator,
				provider representative, and other individuals chosen by the participant
				served, that develops the individual support plan (ISP).
001.12
INFORMED
				CHOICE.
An individual's voluntary, well-considered decision made
				on the basis of options, information, and understanding. The decision-making
				process should result in a free and informed decision by the individual about
				whether he or she desires supports and services and which services he or she
				needs.
001.13
OBJECTIVE
				ASSESSMENT PROCESS (OAP).
The process used by the Department to
				determine the amount of funding for any participant receiving services, which
				includes the Inventory for Client and Agency Planning (ICAP) and other
				assessments.
001.14
PARTICIPANT.
An individual receiving Waiver program
				services and supports. Where the right to receive notice, to participate in the
				individual support planning team process and development of the individual
				support plan (ISP), or informed choice are regulated in this Title, participant
				also means any competent person legally authorized to act on behalf of the
				individual receiving Waiver program services and supports.
001.15
PLAN OF
				IMPROVEMENT.
A written plan outlining the provider's strategies to
				address any areas found to be out of compliance with applicable standards found
				during certification or service reviews.
001.16
POSITIVE BEHAVIORAL
				SUPPORTS.
Supports that emphasize positive approaches directed
				towards maximizing the growth and development of each individual.
001.17
RISK
				ENDORSEMENT.
An addendum for which a certified agency may apply in
				order to serve participants determined to meet the need for behavioral risk
				services.
001.18
SECLUSION.
The involuntary confinement of a
				participant alone in a room or an area from which the participant is physically
				prevented from having contact with others or leaving. Seclusion is prohibited.
				Seclusion is not separation of a participant to a safe room or area in an
				emergency safety situation as part of an emergency safety
				intervention.
001.19
SERVICE COORDINATION.
Targeted case management
				services provided by Department staff to assist a participant in facilitating
				services and supports for which he or she qualifies.
001.20
SUBSTANTIAL FUNCTIONAL
				LIMITATION.
A score that is two standard deviations or more below
				the mean on a properly administered and valid, norm-referenced assessment of
				adaptive functioning that is generally accepted within the field of
				psychology.
001.21
VERBAL ABUSE.
The use of oral, written, or gestured
				language that willfully includes disparaging and derogatory terms to
				individuals served.