New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIV - Office for People With Developmental Disabilities › Part 671 - HCBS Waiver Community Residential Habilitation Services for Persons with Developmental Disabilities › Section 671.99 - Glossary

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Act,
				Social Security.
[section 1915(c)] Home and community-based services
				  waiverauthorization from the Secretary of the Federal Department of Health and
				  Human Services whereby pursuant to
				  42 USC section
				  1396n:
"The secretary may by waiver provide that a State plan
				  approved under this Title may include as "medical assistance" under such plan
				  payment for part or all of the cost of a home or community-based services
				  (other than room and board) approved by the secretary which are provided
				  pursuant to a written plan of care to individuals with respect to whom there
				  has been a determination that but for the provision of such services the
				  individuals would require the level of care provided in a hospital or a nursing
				  facility or intermediate care facility for the mentally retarded the cost of
				  which could be reimbursed under the State plan. For purposes of this
				  subsection, the term "room and board" shall not include an amount established
				  under a method determined by the State to reflect the portion of costs of rent
				  and food attributable to an unrelated person caregiver who is residing in the
				  same household with an individual who, but for the assistance of such
				  caregiver, would require admission to a hospital, nursing facility, or
				  intermediate care facility for the mentally retarded."
(b)
Admitted.
The person has been formally accepted for residency and
				  service(s) in a facility certified under Part 686 of this Title, for which
				  requirements of this Part are applicable.
(c)
Advocate.
For the purposes of the home and community-based services
				  (HCBS) waiver, a party chosen by the participant in the waiver who assists the
				  person with the application process and in the development, implementation,
				  review, and revision of the services, supports, and activities that the person
				  chooses in order to attain his or her personal life goals. A
capable
				  adult,
as defined in section
				  633.99  of
				  this Title may choose not to have an advocate. The advocate must be 18 years or
				  older and may include an involved parent or other member of the family, legal
				  guardian, friend, or member of the community who is not providing direct
				  services to the person pursuant to the individualized service plan or who is
				  not employed by an entity providing direct services to the participant in the
				  waiver. However, an ombudsperson at a developmental center, appointed pursuant
				  to section 13.34  of the Mental Hygiene Law, may also
				  be considered as a person's choice for his/her advocate. The fact that someone
				  is functioning in the role of advocate for a person enrolled in the HCBS waiver
				  does not endow that party with any legal authority over the person's affairs
				  unless they also happen to the adult person's guardian, or the parent of a
				  minor.
(d)
Agency.
The "agent" or "operator" of a facility operated or certified
				  by OPWDD. In the case of State-operated facilities, the B/DDSO (see glossary)
				  is considered to be the agency.
(e)
Allowable community residential
				habilitation services.
Are those appropriately supervised activities, interventions
				  and therapies which are necessary for the maximum reduction of functional
				  and/or adaptive behavior deficits associated with the person's developmental
				  disability or other mental disability. They are designed and implemented with
				  the goal of restoring the person to an enhanced developmental level, and to
				  his/her best functional capacity or lessening the effects of regressive or
				  degenerative conditions. All services shall be designed to develop skills,
				  capacities or knowledge appropriate to enhance or improve a person's
				  independence, lessen dependence or minimize loss of functioning or adaptive
				  capacity. The expressed treatment goal of community residential habilitation
				  services shall be to promote and encourage outcomes related to independence,
				  integration, individualization, and productivity. Allowable community
				  residential habilitation services include the following categories as further
				  defined at section
				  671.5  of this
				  Part:
(1) health skills training
				services;
(2) self-administration
				of medication training services;
(3) socialization skills training
				services;
(4) communication skills
				training services;
(5) functional
				skills training services;
(6)
				assertiveness/self-advocacy skills training services;
(7) behavior skills training
				services;
(8) community integration
				and resource utilization skills training services;
(9) motor skills training services;
				and
(10) skills development
				training services.