1999

When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Advanced Practice Registered Nurse (APRN): A licensed registered nurse with advanced education, knowledge, skills, and scope of practice who has been certified to perform advanced- level nursing actions by a national certifying body acceptable to the Board of Nursing; and pursuant to District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201 et seq. (2007 Repl. & 2011 Supp.)). Advanced practice registered nursing shall include the categories of nurse midwife and nurse- practitioner. (D.C. Official Code§ 3-1202.04 (2007 Repl. & 2011 Supp.)).

Anthropometric assessment- A clinical approach utilizing noninvasive methods to assess the size or body composition of an individual.

Audiologist - A person who meets the education and experience requirements for a Certificate of Clinical Competence in the area of audiology granted by the American Speech and Hearing Association (ASHA) or is licensed or certified as an audiologist in the state where the services are provided.

Audiologist Assistant - Support personnel who, following academic or on-the-job training, perform tasks prescribed, directed, and supervised by ASHA-certified audiologists.

Behavioral Support Plan (BSP) - A plan that is a component of the ISP that outlines positive supports and strategies to help a person ameliorate and/or eliminate the negative impact of one or more challenging behaviors that have a negative impact on a person’s ability to achieve his/her goals.

Bereavement counseling- A form of psychotherapy that aims to help a person cope with grief and mourning following a major life change or the death of a loved one.

Client - An individual who has been determined eligible to receive services under the Home and Community-based Services Waiver for Persons with Mental Retardation and Developmental Disabilities.

Day Habilitation Plan - A person-centered plan developed by the day habilitation provider, based on a person-centered planning process that takes into account the results of a functional analysis, ISP, Plan of Care and other available information which lists services and outlines preferences, interests, and measurable outcomes to enable the person to reside, work and participate in the community, and maintain the person’s

health.

Direct support professional (DSP) - A person who works directly with people with developmental disabilities with the aim of assisting the individual to become integrated into his or her community or the least restrictive environment.

EPSDT - Early and Periodic Screening, Diagnostic, and Treatment Services are designed for Medicaid-eligible children under the age of twenty-one (21) that include periodic screenings to identify physical and mental conditions, vision, hearing, and dental, as well as diagnostic and treatment services to correct conditions identified during screenings.

Family - Any person who is related to the person by blood, marriage, or adoption.

Fitness training- Instruction using exercise and weight training to promote a person’s overall health and physical well-being to maintain a healthy weight range.

Functional Analysis - The process of identifying a person’s specific strengths, preferences, developmental needs, and need for services by identifying the person’s present developmental level, health status, expressed needs and desires of the person and his or her family, and environmental or other conditions that would facilitate or impede the person’s growth and development

Individual Habilitation Plan (IHP) - That plan as set forth in Section 403 of the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978, effective March 3, 1979 (D.C. Law 2-137; D.C. Official Code § 7-1304.03).

Individual Support Plan (ISP) - The successor to the individual habilitation plan (IHP) as defined in the 2001 Plan for Compliance and Conclusion of Evans v. Williams.

Intermediate Care Facility for Persons with Mental Retardation - Shall have the same meaning as set forth in Section 1905(d) of the Social Security Act.

ISP year- The three hundred and sixty five (365) day period during which a person’s ISP is in effect.

Massage therapy- The therapeutic practice of manipulating the muscles and limbs to ease tension, reduce pain, enhance function, aid in the healing

process, and promote relaxation and well-being.

Mentally retarded - Shall have the same meaning as set forth in D.C. Official Code § 7-1301.03(19).

Nutrition evaluation/consultation- The evaluation and assessment of a person's nutritional status based on their symptoms, health goals, and diet to maximize the person's overall health.

Occupational Therapist – An individual who is licensed to practice occupational therapy pursuant to the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1201 et seq.) or licensed to practice occupational therapy in the jurisdiction where services are provided.

Person or Participant - An individual who has been determined eligible to receive services under the Home and Community-based Services Waiver for Persons with Mental Retardation and Developmental Disabilities.

Person's home - Shall mean the natural home, but shall not include an institutional or residential facility or foster home.

Physical Therapist – An individual who is licensed to practice physical therapy pursuant to Section 501 of the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1205.01) or licensed to practice physical therapy in the jurisdiction where services are provided.

Plan of Care - A written service plan that meets the requirements set forth in Section 1904.4 of Title 29 DCMR, is signed by the person receiving services, and is used to prior authorize Waiver services.

Private Practice - An individual whose practice is an unincorporated solo practice or unincorporated partnership. Private practice also includes an individual who is practicing therapy as an employee of an unincorporated practice, a professional corporation, or other incorporated therapy practice. Private practice does not include individuals when they are working as employees of a hospital, nursing facility, clinic, home health agency, rehabilitation facility or any other entity that has a Medicaid provider agreement which includes physical therapy in the provider's reimbursement rate.

Provider - Any entity that meets the Waiver service requirements, has signed an agreement with MAA to provide those services, and is enrolled by MAA

to provide Waiver services.

Quality Assurance Plan - A written plan that describes the process by which the provider shall evaluate the quality and appropriateness of services delivered to each individual. The plan should describe the process and frequency of implementation for identifying, evaluating and resolving any problem related to the services rendered.

Qualified mental retardation professional - Shall have the same meaning as set forth in 42 C.F.R. § 483.430(a).

Registered Nurse - A person who is licensed or authorized to practice registered nursing pursuant to the District of Columbia Health Occupations Revisions Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code § 3-1202 et seq.) or licensed as a registered nurse in the jurisdiction where services are provided.

Sexuality education- A comprehensive training about various aspects of sexuality, including information about family planning; reproduction; body image; sexual orientation; sexual pleasure and decision making; communication; sexually transmitted infections; safe sexual practices; birth control methods; and how to reduce the likelihood of sexual victimization.

Special Education Teacher- An individual with a Master's Degree in Special Education from an accredited college or university and a teacher's certificate in the jurisdiction where services are provided.

Speech Pathologist - A person who meets the education and experience requirements for a Certificate of Clinical Competence in the areas of speech pathology granted by the American Speech and Hearing Association (ASHA) or is licensed or certified as a speech pathologist in the state where the services are provided.

Speech Pathologist Assistant- Support personnel who, following academic or on-the-job training, perform tasks prescribed, directed, and supervised by ASHA-certified speech language pathologists.

Staffing Plan - A written document that includes the numbers and titles of staff assigned to the particular person, for a specified time period and scheduled for a given site and/or shift to successfully provide oversight and to ensure the maintenance of the health, safety and well-being of the person receiving services.

Summary of Supports and Services - A written document that lists the various supports and services to be received by a person and a component of the person’s ISP.

Support Team - A group of people providing support to a person with an intellectual/developmental disability, who have the responsibility of performing a comprehensive person-centered evaluation to support the development, implementation and monitoring of the person’s person-centered ISP and Plan of Care.

Waiver - Shall mean the Home and Community-based Services Waiver for Persons with Mental Retardation and Developmental Disabilities as approved by the Council of the District of Columbia (Council) and the U.S. Department of Health and Human Services, Centers for Medicare and Medicaid Services (CMS), as may be further amended and approved by the Council and CMS.

SOURCE: Final Rulemaking published at 51 DCR 10207 (November 5, 2004); as amended by Final Rulemaking published at 55 DCR 2882 (March 21, 2008); as amended by Final Rulemaking published at 52 DCR 11281 (December 30, 2005); as amended by Final Rulemaking published at 60 DCR 15530 (November 8, 2013); as amended by Final Rulemaking published at 60 DCR 16830 (December 13, 2013); as amended by Final Rulemaking published at 60 DCR 16834 (December 13, 2013); as amended by Final Rulemaking published at 61 DCR 225, 230 (January 10, 2014); as amended by Final Rulemaking published at 61 DCR 851 (January 31, 2014).