HRS §333F-1 Definitions
333F-1. Definitions
As used in this chapter, unless the context requires otherwise:
"Active treatment" means provision of
services as specified in an individualized service plan. These services may
include, but are not limited to, activities, experiences, and therapy which are
part of a professionally developed and supervised program of health, social,
habilitative, and developmental services.
"Applicant" means every person
applying for a license to become a provider of an adult foster home or
developmental disabilities domiciliary home.
"Case management services" means
services to persons with developmental or intellectual disabilities that assist
them in gaining access to needed social, medical, legal, educational, and other
services, and includes:
(1) Follow-along services which assure, through a
continuing relationship between an agency or provider and a person with a developmental
or intellectual disability and the person's parent, if the person is a minor,
or guardian, if a guardian has been appointed for the purpose, that the
changing needs of the person and the family are recognized and appropriately
met.
(2) Coordinating and monitoring services provided to
persons with developmental or intellectual disabilities by two or more persons,
organizations, or agencies.
(3) Providing information to persons with developmental
or intellectual disabilities about availability of services and assisting the
persons in obtaining the services.
"Current employee" means every person
currently employed by an applicant, who will become an adult foster or
developmental disabilities domiciliary home caregiver once the applicant is
approved to be a provider by the department.
"Department" means the department of
health.
"Developmental disabilities" means a
severe, chronic disability of a person which:
(1) Is attributable to a mental or physical
impairment or combination of mental and physical impairments;
(2) Is manifested before the person 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: self-care, receptive
and expressive language, learning, mobility, self-direction, capacity for
independent living, and economic sufficiency; and
(5) Reflects the person's need for a combination and
sequence of special, interdisciplinary, or generic care, treatment, or other services
that are of lifelong or extended duration and are individually planned and
coordinated.
An individual from birth to age nine 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 above, if the individual, without services and
supports, has a high probability of meeting those criteria later in life.
"Director" means the director of
health.
"Existing provider" means every
person licensed or certified as an adult foster or developmental disabilities
domiciliary home provider before the effective date of section 321-15.2.
"Habilitation" means the process by
which the staff of an agency assists an individual to cope more effectively
with the demands of his or her own person and environment and to raise the
level of his or her physical, mental, and social functioning. Habilitation
includes, but is not limited to, programs of formal structured education and
treatment.
"Individualized service plan" means
the written plan required by section 333F-6 that is developed by the
individual, with the input of family, friends, and other persons identified by
the individual as being important to the planning process. The plan shall be a
written description of what is important to the person, how any issue of health
or safety shall be addressed, and what needs to happen to support the person in
the person's desired life.
"Individually appropriate" means
responsive to the needs of the person as determined through interdisciplinary
assessment and provided pursuant to an individualized service plan that is
person-centered and community-based.
"Intellectual disability" means
significantly subaverage general intellectual functioning resulting in or
associated with concurrent moderate, severe, or profound impairments in
adaptive behavior and manifested during the developmental period.
"Interdisciplinary team" means a
group of persons that is drawn from or represents those professions,
disciplines, or service areas that are relevant to identifying an individual's
needs and designing a program to meet them, and is responsible for evaluating
the individual's needs, developing an individual program plan to meet them,
periodically reviewing the individual's response to the plan, and revising the
plan accordingly. A complete team includes the individual being served, unless
clearly unable to participate; the individual's family, unless their
participation has been determined to be inappropriate; those persons who work
most directly with the individual in each of the professions, disciplines, or
service areas that provide service to the individual, including direct-care or
direct-contact staff; and any other persons whose participation is relevant to
identifying the needs of the individual and devising ways to meet them.
"Least restrictive" means the least
intrusive and least disruptive intervention into the life of a person with developmental
or intellectual disability that represents the least departure from normal
patterns of living that can be effective in meeting the person's developmental
needs.
"Least restrictive environment" means
that environment that represents the least departure from normal patterns of
living that can be effective in meeting the individual's needs.
"Monitor" means to conduct a
systematic, coordinated, objective, qualitative review of services provided by
any person, agency, or organization.
"Prospective employee" means every
person seeking employment as a caregiver for an applicant.
"Provider" means the person who is
issued the license or certificate of registration, as the case may be, by the
department to provide care in an adult foster or developmental disabilities
domiciliary home.
"Representative" means any individual
who can advise and advocate for a person with developmental or intellectual
disabilities and who shall serve at the request and pleasure of such person;
provided that if the person with developmental or intellectual disabilities is
a minor or is legally incapacitated and has not requested a representative, the
parent or guardian may request a representative to assist on behalf of the
person with developmental or intellectual disabilities.
"Residence" or
"residential" means the living space occupied by the person with a developmental
or intellectual disability, including single-person homes, natural family
homes, care homes, group homes, foster homes, institutional facilities, and all
other types of living arrangements.
"Respite care" means a service
provided in a least restrictive environment for short term care to meet the
needs, ranging from simple to complex, of persons with developmental or
intellectual disabilities. The purpose of respite care is to avoid, if
possible, the necessity for long term institutional care or to provide relief
to families and care providers.
"Services" means appropriate
assistance provided to a person with a developmental or intellectual disability
in the least restrictive, individually appropriate environment to provide for
basic living requirements and continuing development of independence or
interdependent living skills of the person. These services include, but are
not restricted to: case management; residential, developmental, and vocational
support; training; habilitation; active treatment; day treatment; day activity;
respite care; domestic assistance; attendant care; rehabilitation; speech,
physical, occupational and recreational therapy; recreational opportunities;
counseling, including counseling to the person's family, guardian, or other
appropriate representative; development of language and communications skills;
interpretation; transportation; and equipment.
[L 1987, c 341, pt of §2; am L
1990, c 178, §§1, 6; am L 1994, c 53, §2; am L 1995, c 189, §§3, 22; am L 1998,
c 133, §1; am L 2003, c 95, §8(1); am L 2005, c 22, §18; am L 2011, c 220, §§12,
13; am L 2015, c 190, §6; am L 2016, c 32, §2]