Definitions.

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As used in this part 7, unless the context otherwise requires:

  1. "Adult day care" means health and social services furnished two or more hours perday on a regularly scheduled basis for one or more days per week in an outpatient setting and for the purpose of ensuring the optimal functioning of the recipient.

  2. "Behavioral programming" means an individualized plan that sets forth strategies todecrease a recipient's maladaptive behaviors that interfere with the recipient's ability to remain in the community. Behavioral programming includes a complete assessment of maladaptive behaviors of the recipient, the development and implementation of a structured behavioral intervention plan, continuous training and supervision of caregivers and behavioral aides, and periodic reassessment of the individualized plan.

  3. "Brain injury" means an injury to the brain arising from external forces including, butnot limited to, toxic chemical reactions, anoxia, near drownings, closed or open head injuries, and focal brain injuries.

  4. "Eligible person" means a person:

  1. Who has a diagnosis of brain injury, as such term is defined in subsection (3) of thissection;

  2. Who is in need of the level of care available in a hospital, rehabilitation hospital,hospital in lieu of a nursing facility, or is in need of specialized care provided in a nursing facility in lieu of a hospital;

  3. Who is categorically eligible for medical assistance, or has a gross income that doesnot exceed three hundred percent of the current federal supplemental security income benefit level and resources that do not exceed the limit established for individuals receiving a mandatory minimum state supplementation of supplemental security income benefits or, in the case of a person who is married, do not exceed the amount authorized in section 25.5-6-101; and

  4. For whom the cost of services would not exceed the average cost of hospital care.

  1. "Independent living skills training" means skills and therapies that are directed at thedevelopment and maintenance of community living skills and community integration. Independent living skills include supervision or training with respect to or assistance with selfcare, communication skills, socialization, sensory and motor development, reducing maladaptive behavior, community living and mobility, and therapeutic recreation.

  2. "Personal care services" means assistance with eating, bathing, dressing, personalhygiene, and activities of daily living. Personal care services include assistance with the preparation of meals, but not the cost of the meals, and homemaker services that are necessary for the health and safety of the recipient.

  3. "Structured day treatment" means structured, nonresidential therapeutic treatment services that are directed at the development and maintenance of community living skills and are provided two or more hours per day on a regularly scheduled basis for one or more days per week. Day treatment services include supervision and specific training that allows a recipient to function at the recipient's maximum potential. The services include, but are not limited to, social skills training that allows for reintegration into the community, sensory and motor development services, and services aimed at reducing maladaptive behavior.

  4. "Supported living" means assistance or support designed to maximize or maintainindependence and self-direction on a supportive care campus. Supported living services consist of structured interventions designed to provide:

  1. Protective oversight and supervision;

  2. Behavioral management and cognitive supports;

  3. Interpersonal and social skills development;

  4. Improved household management skills to support independence and community integration; and

  5. Medical management.

  1. "Supportive care campus" means a residential campus that provides supported livingservices.

  2. "Transitional living" means a nonmedical residential program that provides trainingand twenty-four-hour supervision to a recipient that will enhance the recipient's ability to live more independently.

Source: L. 2006: Entire article added with relocations, p. 1954, § 7, effective July 1. L. 2014: (10) amended, (SB 14-160), ch. 153, p. 531, § 1, effective May 9.

Editor's note: This section is similar to former § 26-4-683 as it existed prior to 2006.

Cross references: For additional definitions applicable to this part 7, see § 25.5-4-103.


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