As used in this part:

1. (1) “Active treatment” means a continuous program of aggressive, consistent, specialized and generic training, treatment, health services, and related services described in 42 C.F.R. § 483.440(a);

2. (2) “Adverse determination” means a Division of Developmental Disabilities Services determination of an individual’s written application for or opposition to:

   1. (A) Eligibility for Division of Developmental Disabilities Services services; or
   2. (B) HDC admission, transfer, or discharge that is contrary to the individual’s written application or opposition;

3. (3) “Annual status review” means a review conducted at least at twelve-month intervals after admission to:

   1. (A) Assess the client’s status;
   2. (B) Review and, if necessary, recommend changes to the client’s program plan; and
   3. (C) Determine the client’s continued HDC eligibility;
4. (4) “Disability” means the deprivation of physical or mental capacity;
5. (5) “Emergency” means unforeseen life-threatening circumstances that necessitate immediate HDC placement because no other safe alternatives are available;
6. (6) “Human development center (HDC)” means a state-operated intermediate care facility (ICF) for individuals with developmental/intellectual disabilities that provides residential care and active treatment services to eligible developmentally disabled individuals;

7. (7)

   1. (A) “Independent assessment” means a standardized functional assessment performed by a third-party vendor to determine eligibility of Division of Developmental Disability Services services based on a person’s individual needs.
   2. (B) See Arkansas Independent Assessment Provider Manual, 20 CAR pt. 607;

8. (8)

   1. (A) “Interdisciplinary team” means a team constituted and functioning in accordance with 42 C.F.R. pt. 483.
   2. (B) For purposes of admission and the annual status review, the interdisciplinary team shall include a licensed physician;
9. (9) “Primary diagnosis” means a licensed physician’s opinion of the individual’s primary disability;
10. (10) “Primary disability” means the condition having the greatest impact on the individual’s ability to function;
11. (11) “Psychological team” means the Division of Developmental Disabilities Services’ psychological examiner who determines intermediate level of care (ICF) for individuals with developmental/intellectual disabilities; and

12. (12)

    1. (A) “Transfers” means when an HDC resident is admitted to another HDC.
    2. (B) “Transfers” shall be accomplished by application for admission to the second HDC.
    3. (C) If the application is approved, the individual shall be discharged from the first HDC at the time the individual is transported to the second HDC (see Division of Developmental Disabilities Services’ Policy 1036, HDC Transfers).

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "II. SUBSTANTIVE RULES:" 20 CAR 530-103. Eligibility for division services. (a)(1) Developmental disability diagnoses include cerebral palsy, epilepsy, autism, Down Syndrome, and spina bifida as categorically qualified diagnoses. (2) Other diagnoses will be considered if the condition causes the person to function as though they have an intellectual disability. (3) Division of Developmental Disabilities Services' eligibility is established by Arkansas Code § 20-48-101. (b) The division interprets a developmental disability to be: (1) A categorically qualifying diagnosis; and (2)(A) Significant adaptive behavior deficits related to this diagnosis. (B) Adaptive functioning deficits are defined as an individual's inability to function in three (3) of the following six (6) categories as consistently measured by standardized instruments administered by qualifying professionals: (i) Self care; (ii) Understanding the use of language; (iii) Learning; (iv) Mobility; (v) Self direction; and (vi) Capacity for independent living.