As used in this part:

1. (1) “ADDT” means an adult developmental day treatment program, which is a day treatment program prescribed by a physician that provides adult developmental day treatment services to adults with intellectual or developmental disabilities;
2. (2) “ADDT license” means a nontransferable license issued by the Division of Provider Services and Quality Assurance to an ADDT for a specific location that meets the standards in this part;
3. (3) “Adult developmental day treatment services” means services that are available under the Adult Developmental Day Treatment Program for Medicaid clients as defined in Section II of the Adult Developmental Day Treatment Medicaid Manual;
4. (4) “Adverse regulatory action” means a denial of an ADDT license and any enforcement action taken by the Division of Provider Services and Quality Assurance, pursuant to 20 CAR §§ 536-803 – 536-807;
5. (5) “Applicant” means an applicant for an ADDT license;

6. (6)

   1. (A) “Change in ownership” means one (1) or more transactions within a twelve-month period that result in a change in greater than fifty percent (50%) of the financial interests, governing body, operational control, or other operational or ownership interests of the ADDT.

   2. (B) “Change in ownership” does not include a change of less than fifty percent (50%) in the membership of the ADDT’s:

      1. (i) Board of directors;
      2. (ii) Board of trustees; or
      3. (iii) Other governing body;

7. (7) “Directed in-service training plan” means a plan of action that:

   1. (A) Provides training to assist an ADDT in complying with this part and correcting deficiencies;
   2. (B) Includes the topics covered in the training and materials used in the training;
   3. (C) Specifies the length of the training;
   4. (D) Specifies the employees required to attend the training; and
   5. (E) Is approved by the Division of Provider Services and Quality Assurance;

8. (8)

   1. (A) “Employee” means an employee, owner, independent contractor, driver, attendant, or other agent of an ADDT and includes without limitation:

      1. (i) Full-time employees;
      2. (ii) Part-time employees;
      3. (iii) Transportation contractors; and
      4. (iv) Any other person who acts on behalf of an ADDT or has an ownership, financial, or voting interest in the ADDT.

   2. (B) “Employee” does not mean an independent contractor if:

      1. (i) The independent contractor does not assist in the day-to-day operations of the ADDT; and
      2. (ii) The independent contractor has no client contact;
9. (9) “Irreconcilable conflict” means a conflict between two (2) standards where an ADDT cannot comply with both standards at the same time;
10. (10) “ITP” means a client’s individual treatment plan, which is a written, individualized service plan for an ADDT client to improve the client’s condition;

11. (11)

    1. (A) “Marketing” means the accurate and honest advertisement of an ADDT that does not also constitute solicitation.

    2. (B) “Marketing” includes without limitation:

       1. (i) Advertising using traditional media;
       2. (ii) Distributing brochures or other informational materials regarding the services offered by the ADDT;
       3. (iii) Conducting tours of the ADDT to interested clients and their families;
       4. (iv) Mentioning services offered by the ADDT in which the client or their family might have an interest; and
       5. (v) Hosting informational gatherings during which the services offered by the ADDT are described;

12. (12) “Medication error” means the:

    1. (A) Loss of medication;
    2. (B) Unavailability of medication;
    3. (C) Falsification of medication logs;
    4. (D) Theft of medication;
    5. (E) Missed doses of medication;
    6. (F) Incorrect medications administered;
    7. (G) Incorrect doses of medication;
    8. (H) Incorrect time of administration;
    9. (I) Incorrect method of administration; and
    10. (J) Discovery of an unlocked medication container that is always supposed to be locked;

13. (13) “Plan of correction” means a plan of action that:

    1. (A) Provides the steps an ADDT must take to correct noncompliance with this part;
    2. (B) Sets a timeframe for each specific action provided in the plan; and
    3. (C) Is approved by the Division of Provider Services and Quality Assurance;
14. (14) “Residence” means the county where a client is listed as residing in the Arkansas Medicaid Management Information System;

15. (15) “Serious injury” means any injury to a client that:

    1. (A) May cause death;
    2. (B) May result in substantial permanent impairment;
    3. (C) Requires hospitalization; or

    4. (D) Requires the attention of:

       1. (i) An emergency medical technician;
       2. (ii) A paramedic; or
       3. (iii) An emergency room;

16. (16)

    1. (A) “Solicitation” means the initiation of contact with a client or their family by an ADDT when the client is currently receiving services from another provider and the ADDT is attempting to convince the client or their family to switch to or otherwise use the services of the ADDT that initiated the contact.

    2. (B) “Solicitation” includes without limitation the following acts to induce a client or their family by:

       1. (i) Contacting a client or the family of a client that is currently receiving services from another provider;
       2. (ii) Offering cash or gift incentives to a client or their family;
       3. (iii) Offering free goods or services not available to other similarly situated clients or their families;
       4. (iv) Making negative comments to a client or their family regarding the quality of services performed by another service provider;
       5. (v) Promising to provide services in excess of those necessary;
       6. (vi) Giving a client or their family the false impression, directly or indirectly, that the ADDT is the only service provider that can perform the services desired by the client or their family; or
       7. (vii) Engaging in any activity that the Division of Provider Services and Quality Assurance reasonably determines to be “solicitation”; and
17. (17) “Underserved county” means a county that is underserved regarding adult developmental day treatment services in accordance with Arkansas Code § 20-48-105.