As used in this subpart:

1. (1) “Existing provider” means:

   1. (A) A Division of Developmental Disabilities Services-licensed nonprofit community program that offers nonresidential services to adults covered under the Arkansas DDTCS program at an approved site within the county in question;
   2. (B) A Division of Developmental Disabilities Services-licensed nonprofit community program that does not have an approved site in a county but provides developmental disabilities services covered under the Arkansas DDTCS program to twenty (20) or more adults who reside in that county; or
   3. (C) A nonprofit community program that was issued a Division of Developmental Disabilities Services license on or before February 1, 2007, that does not operate an approved site but provides developmental disabilities services to adults; and

2. (2) “Underserved” means a county in which:

   1. (A) There is no Division of Developmental Disabilities Services-licensed provider operating a site offering adult developmental community-based, nonresidential services covered by the Arkansas DDTCS program in the county;
   2. (B) There is at least one (1) site operated by a Division of Developmental Disabilities Services-licensed provider in the county, but a service covered under the DDTCS program for adults is unavailable to an eligible adult recipient at an existing site in that county; or
   3. (C) There is at least one (1) site operated by a Division of Developmental Disabilities Services-licensed provider in the county, but a parent, guardian, recipient, or prospective eligible adult who has exhausted the grievance mediation procedure set forth in 20 CAR § 531-105 remains dissatisfied and desires another choice of providers of DDTCS-covered adult services in that county.

Codification Notes: "DDTCS" means developmental day treatment clinic services.