HRS §349-31 Definitions
349-31. Definitions
As used in this part, unless the context otherwise requires:
"Aging and disability resource
centers" means an entity established by the State as part of the state
system of long-term care serving as a highly visible and trusted source where
people of all incomes and ages can obtain information on the full range of
long-term support options and a single point of entry for access to public
long-term support programs and benefits.
"Area
agency on aging" means the agency in each county designated by the
executive office on aging, under section 305(a)(2)(A) of the Older Americans
Act, P.L. 89-73, as amended, to facilitate the area-wide development and
implementation of a comprehensive, coordinated system for providing long-term
care in home and community-based settings, in a manner responsive to the needs
and preferences of older individuals and their family caregivers.
"Dementia" means a group of symptoms
affecting intellectual and social abilities severely enough to interfere with
daily functioning.
"Developmental disability" means a
severe, chronic disability of an individual that:
(1) Is attributable to a mental or physical
impairment or combination of mental and physical impairments;
(2) Is manifested before the individual attains age
twenty-two;
(3) Is likely to continue indefinitely;
(4) Results in substantial functional limitations in
three or more of the following areas of major life activity:
(A) Self-care;
(B) Receptive and expressive language;
(C) Learning;
(D) Mobility;
(E) Self-direction;
(F) Capacity for independent living; or
(G) Economic self-sufficiency; and
(5) Reflects the individual's need for a combination
and sequence of special, interdisciplinary, or generic services, individualized
supports, or other forms of assistance that are of lifelong or extended
duration and are individually planned and coordinated.
An individual from birth to age nine, inclusive, who
has a substantial developmental delay or specific congenital or acquired
condition, may be considered to have a developmental disability without meeting
three or more of the criteria described in paragraphs (1) through (5) of this
definition if the individual, without services and supports, has a high
probability of meeting three or more of those criteria later in life.
"Family caregiver" means a spouse,
adult child, other relative, partner, or friend who has a personal relationship
with, and provides a broad range of unpaid assistance for an older adult with a
chronic or disabling condition.
"Informal caregiver" means a person
who provides care for an older person or person with a disability who needs
long-term supports and services, but does not receive compensation.
"Intellectual disability" means a
person's attributes or characteristics that demonstrate a limitation in
intellectual functioning and adaptive behavior as expressed in conceptual,
social, and practical skills, which are apparent prior to the age of eighteen.
This definition shall be based on the following assumptions:
(1) Limitations in present functioning shall be
considered within the context of community environments typical of the
individual's age peers and culture;
(2) Validate assessment considers cultural and
linguistic diversity as well as differences in communication, sensory, motor,
and behavioral factors;
(3) Within the individual, limitations often coexist
with strengths;
(4) An important purpose of describing limitations is
to develop a profile of needed supports; and
(5) With appropriate personalized supports over a
sustained period, the life functioning of the person with intellectual
disability generally will improve.
"Long-term supports and services"
means the broad range of assistance and care needed by older persons or persons
with physical or mental disabilities who have lost or never acquired the
ability to function independently.
"Options counseling" means an
interactive decision-support process whereby consumers, family members, and
significant others are supported in their deliberations to determine
appropriate long-term care choices in the context of a consumer's needs,
preferences, values, and individual circumstances.
"Physical disability" means the broad
range of disabilities including orthopedic, neuromuscular, cardiovascular, and
pulmonary disorders, which may be congenital or a result of aging or injury.
"Severe mental illness" means one of
several diseases that affects the brain and significantly and functionally
impairs an individual for an indefinite period of time.
[L 2012, c 237, pt of
§2]