As used in this part:

1. (1) “Academic medical center” means a medical center located in Arkansas that consists of a medical school and its primary teaching hospitals and clinical programs;
2. (2) “Adverse regulatory action” means a denial of an EIDT license and any enforcement action taken by the Division of Provider Services and Quality Assurance pursuant to 20 CAR §§ 537-803 – 537-807;
3. (3) “Applicant” means an applicant for an EIDT license;

4. (4)

   1. (A) “Change in ownership” means one (1) or more transactions within a twelve-month period that results 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 EIDT.

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

      1. (i) Board of directors;
      2. (ii) Board of trustees; or
      3. (iii) Other governing body;
5. (5) “Childcare center” means a childcare center licensed as a childcare center by the Division of Child Care and Early Childhood Education pursuant to the minimum licensing standards for childcare centers;
6. (6) “Childcare center license” means a license to operate a childcare center issued by the Division of Child Care and Early Childhood Education pursuant to the minimum licensing standards for childcare centers;

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

   1. (A) Provides training to assist an EIDT 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 staff required to attend the training; and
   5. (E) Is approved by the Division of Provider Services and Quality Assurance;
8. (8) “Early intervention day treatment” means diagnostic, screening, evaluative, preventative, therapeutic, palliative, and rehabilitative and habilitative, including speech, occupational, and physical therapies and any medical or remedial services recommended by a physician for the maximum reduction of physical or mental disabilities and the restoration of the child to the best possible functional level;

9. (9) “ECDS” means an early childhood developmental specialist, which is an employee:

   1. (A) Responsible for the development of client individual treatment plans, referred to as ITPs, and the supervision of habilitative services delivery to clients; and

   2. (B) Who satisfies at least one (1) of the following criteria:

      1. (i) Is licensed as a:

         1. (a) (a) Speech therapist;
         2. (b) (b) Occupational therapist;
      2. (c) (c) Physical therapist; or
      3. (d) (d) Developmental therapist; or

      4. (ii) Has a bachelor’s degree and at least one (1) of the following:

         1. (a) (a) An early childhood or early childhood special education certificate;
         2. (b) (b) Current child development associate’s certificate;
      5. (c) (c) Current birth to pre-K credential; or
      6. (d) (d) Documented experience working with children with special needs and twelve (12) hours of completed college courses in early childhood, child development, special education, elementary education, or child and family studies;
10. (10) “Early intervention day treatment services” means services that are available under the early intervention day treatment program for Medicaid clients as defined in Section II of the Early Intervention Day Treatment Medicaid Manual, 20 CAR pt. 615;

11. (11) “EIDT” means an early intervention day treatment program, which is a pediatric day treatment program run by one (1) or more ECDS that provides early intervention day treatment service prescribed by a physician to children with:

    1. (A) Intellectual and developmental disabilities;
    2. (B) Developmental delays; or
    3. (C) A medical condition that puts them at risk for developmental delay;
12. (12) “EIDT license” means a nontransferable license issued by the Division of Provider Services and Quality Assurance to an EIDT for a specific location that meets the standards in this part;

13. (13)

    1. (A) “Employee” means an employee, owner, independent contractor, driver, attendant, or other agent of an EIDT 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 EIDT or has an ownership, financial, or voting interest in the EIDT.

    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 EIDT; or
       2. (ii) The independent contractor has no client contact;
14. (14) “First Connections” means the Division of Developmental Disabilities Services program that administers, monitors, and carries out all activities and responsibilities for the State of Arkansas under Part C of the Individuals with Disabilities Education Act to ensure appropriate early intervention services are available to all infants and toddlers from birth to thirty-six (36) months of age who are suspected of having a developmental delay (and their families);
15. (15) “First Connections Central Intake Unit” means the Division of Developmental Disabilities Services unit in the First Connections program that serves as the program’s single referral point of entry to minimize duplication and expedite service delivery;
16. (16) “Irreconcilable conflict” means a conflict between two (2) standards where an EIDT cannot comply with both standards at the same time;
17. (17) “ITP” means a client’s individual treatment plan, which is a written, individualized service plan for an EIDT client to improve the EIDT client’s condition;
18. (18) “Local education agency” means the school district or education service cooperative that is offering preschool services to the area where the client resides;

19. (19)

    1. (A) “Marketing” means the accurate and honest advertisement of an EIDT 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 EIDT;
       3. (iii) Conducting tours of the EIDT to interested clients and their families;
       4. (iv) Mentioning services offered by the EIDT in which the client or their family might have an interest; and
       5. (v) Hosting informational gatherings during which the services offered by the EIDT are described;

20. (20) “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;

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

    1. (A) Provides the steps an EIDT 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;
22. (22) “Residence” means the county where a client is listed as residing in the Arkansas Medicaid Management Information System;

23. (23) “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;

24. (24)

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

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

       1. (i) Contacting 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 EIDT 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”;
25. (25) “Student observer” means a student visiting an EIDT on a one-time or periodic basis to observe classroom activities or other similar activities that do not involve direct contact with clients; and
26. (26) “Underserved county” means a county that is underserved regarding early intervention day treatment services.

Codification Notes: Part C of the Individuals with Disabilities Education Act was enacted in Pub. L. No. 94-142 and is codified at 20 U.S.C. §§ 1431 – 1444.