Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0021 - Developmental Disabilities - Individually-selected › Chapter 2 - FUNDING EMERGENCY SERVICES › Section 2-4 - Definitions

Current through July 13, 2024
The following definitions shall apply in the interpretation
				  and enforcement of these Rules. Where the context in which words are used in
				  these Rules indicates that such is the intent, words in the singular number
				  shall include the plural and vice versa. Throughout these Rules gender pronouns
				  are used interchangeably. The drafters have attempted to utilize each gender
				  pronoun in equal numbers, in random distribution. Words in each gender include
				  individuals of the other gender.
(a)
				"Acquired brain injury." As defined in Chapter 43 of the Wyoming Medicaid
				Rules.
(b) "Acquired Brain Injury
				Home and Community Based Waiver." The Acquired Brain Injury Home and Community
				Based Waiver submitted to and approved by the Centers for Medicare and Medicaid
				Services, pursuant to Section 1915(c) of the Social Security Act.
(c) "Advocate." A person, chosen by the
				applicant or legal guardian, who supports and represents the rights and
				interests of the applicant in order to ensure the applicant's full legal rights
				and access to services. The advocate can be a friend, a relative, or any other
				interested person. An advocate has no legal authority to make decisions on
				behalf of an applicant.
(d)
				"Adult." A person eighteen years of age or older for purposes of this
				Chapter.
(e) "Adult Developmental
				Disabilities Home and Community Based Waiver." The Adult Developmental
				Disabilities Home and Community Based Waiver submitted to and approved by the
				Centers for Medicare and Medicaid Services, pursuant to Section 1915(c) of the
				Social Security Act.
(f)
				"Applicant." An individual who has been through the screening process pursuant
				to Section
				7 of
				this Chapter and who is receiving emergency funding.
(g) "Application." A written statement, in
				the form specified by the Division, which is submitted to the Division, in
				which an individual indicates that he or she is interested in receiving covered
				services. An application may be submitted by one person on behalf of another,
				but shall have the legal guardian's signature, if applicable.
(h) "Assessment." A determination, pursuant
				to Section
				6 of
				Chapter 41, Chapter 42, or Chapter 43 of the Wyoming Medicaid Rules, of an
				individual's functional capacity and needs.
(i) "Behavior support plan." A written plan
				that is developed based on a functional assessment of behaviors that negatively
				impact a person's ability to acquire, retain and/or improve the self-help,
				socialization and adaptive skills necessary to reside successfully in home and
				community based settings, and that contains multiple intervention strategies
				designed to modify the environment and teach new skills.
(j) "Caregiver." A person who provides
				services to an applicant.
(k)
				"Centers for Medicare and Medicaid Services (CMS)." The Centers for Medicare
				and Medicaid Services of the United States Department of Health and Human
				Services, its agent, designee or successor.
(l) "Chapter 1." Chapter 1 of the
				Developmental Disabilities Division Rules, Rules for Individually-Selected
				Service Coordination.
(m) "Chapter
				41." Chapter 41, Adult Developmental Disabilities Home and Community Based
				Waiver of the Wyoming Medicaid Rules.
(n) "Chapter 42." Chapter 42, Children
				Developmental Disabilities Home and Community Based Waiver of the Wyoming
				Medicaid Rules.
(o) "Chapter 43."
				Chapter 43, Acquired Brain Injury Waiver Home and Community Based Waiver of the
				Wyoming Medicaid Rules.
(p)
				"Chapter 44." Chapter 44, Environmental Modifications and Specialized Equipment
				for Home and Community Based Waivers of the Wyoming Medicaid Rules.
(q) "Chapter 45." Chapter 45, Waiver Provider
				Certification and Sanctions of the Wyoming Medicaid Rules.
(r) "Children's Developmental Disabilities
				Home and Community Based Waiver." The Children's Developmental Disabilities
				Home and Community Based Waiver submitted to and approved by the Centers for
				Medicare and Medicaid Services, pursuant to Section 1915(c) of the Social
				Security Act.
(s) "Claim." A
				request by a provider for payment for covered services provided to an
				applicant.
(t) "Clinically
				eligible." Determination that an applicant has met the requirements set forth
				in Section
				6 of
				Chapter 41, Chapter 42, or Chapter 43 of the Wyoming Medicaid Rules.
(u) "Covered services." Those services that
				are reimbursable pursuant to Section
				8 of
				this Chapter.
(v) "Department." The
				Wyoming Department of Health, its agent, designee, or successor.
(w) "Department of Family Services (DFS)."
				The Wyoming Department of Family Services, its agent, designee, or
				successor.
(x) "Developmental
				disability." As defined in Chapter 41 and 42 of the Wyoming Medicaid
				Rules.
(y) "Director." The Director
				of the Department of Health or the Director's agent, designee, or
				successor.
(z) "Division." The
				Developmental Disabilities Division of the Department of Health, its agent,
				designee, or successor.
(aa) "Drug
				used as a restraint." Any drug that:
(i) Is
				administered to manage a person's behavior in a way that reduces the safety
				risk to the person or others, and
(ii) Has the temporary effect of restricting
				the person's freedom of movement, and
(iii) Is not a standard treatment for the
				person's medical or psychiatric condition.