PURPOSE: This rule provides definitions for the following regulations pertaining to requirements for certification as a provider of individualized supported living services reimbursed under Missouri’s Medicaid waiver for persons with mental retardation or other developmental disabilities.

Editor’s Note: The secretary of state has determined that the publication of this rule in its entirety would be unduly cumbersome or expensive. The entire text of the material referenced has been filed with the secretary of state. This material may be found at the Office of the Secretary of State or at the headquarters of the agency and is available to any interested person at a cost established by state law.

1. (1) As used in 9 CSR 45-5.020, 9 CSR 45- 5.030 and 9 CSR 45-3.030, the following terms shall mean:

   1. (A) ACD—Accreditation Council on Services for People With Disabilities;
   2. (B) CARF—Commission on Accreditation of Rehabilitation Facilities;
   3. (C) Certification unit—An entity within the department to review applications and conduct field reviews leading to certification;
   4. (D) Client rights—At a minimum, those rights specified in 9 CSR 45-3.030;
   5. (E) Criminal background check—A name search for criminal history through the State Central Repository operated by the Missouri State Highway Patrol. Form SHP158C must be completed and submitted to the Criminal Records Section, P.O. Box 568, Jefferson City, MO 65102. This form can be obtained from the same office. No release of information is required;
   6. (F) Crisis intervention and emergency response—At a minimum, a twenty-four (24)- hour hotline service through which callers can reach qualified staff that will determine whether there is a crisis requiring emergency action and, if so, initiate the action;
   7. (G) Department—The Department of Mental Health, the mental health authority for Missouri;
   8. (H) Disqualifying felony offense—Any felony offense against persons as defined in Chapter 565, RSMo; any felony sexual offense as defined in Chapter 566, RSMo; or any felony offense defined in section 568.050, RSMo (endangering the welfare of a child), 568.060, RSMo (abuse of a child), 569.020, RSMo (first degree robbery), 569.030, RSMo (second degree robbery), 569.040, RSMo (first degree arson), or 569.050, RSMo (second degree arson) or an equivalent felony offense;
   9. (I) Family living arrangement—A residential facility licensed under Chapters 9 CSR 40, 1, 2, 4 and 6, operating in the owned or leased permanent residence of the licensee, and serving no more than three (3) residents who are integrated into the licensee’s family unit;
   10. (J) Grievance procedure—A procedure made known and available to individuals served by certified providers, by which the individuals can inform the providers’ administration of complaints and concerns regarding the individuals’ rights and their care and services without interference or fear of reprisal. This procedure shall cause certified providers to investigate and reach resolutions that, at a minimum, respect the rights and wishes of the individuals;
   11. (K) Individualized supported living (ISL)—Services and supports, including direct care, training and supervision, provided to individuals residing in apartments or houses with no more than two (2) other individuals with mental retardation or other developmental disabilities;
   12. (L) Limited certificate—A certificate granted to a single person who will provide services to no more than three (3) individuals and who meets a limited set of criteria specified in 9 CSR 30-5.030(3);
   13. (M) Major unusual incident—Any medical care emergency, death or disappearance of an individual, fire, theft, significant loss or damage of an individual’s property, assaultive or criminal behavior by an individual, or restraint, abuse, neglect or mistreatment of an individual;
   14. (N) Qualified mental retardation professional (QMRP)—an individual who meets the qualifications specified in the Code of Federal Regulations, Title 42, section 483.430. A QMRP has at least one (1) year of experience working directly with persons with mental retardation or other developmental disabilities and is licensed as a doctor of medicine or osteopathy, or as a registered nurse, or has at least a bachelor’s degree in one (1) of the foland Developmental Disabilities

lowing professional categories: psychology, social work, occupational therapy, speech pathology, audiology, professional recreation, or a related human services profession;

1. (O) Regional center—An entity within the department’s Division of Mental Retardation and Developmental Disabilities that provides, directly or indirectly, for comprehensive mental retardation and developmental disabilities services in a particular region under Chapter 633, RSMo; and
2. (P) Supports—Persons, arrangements, activities, equipment or information that may be a formal or paid service and that will enable an individual to live and function successfully to maximum ability in his/her home and community.

AUTHORITY: section 630.050, RSMo (1994).* This rule was previously filed as 9 CSR 30-5.010. Emergency rule filed Aug. 4, 1992, effective Sept. 1, 1992, expired Dec. 29, 1992. Original rule filed Aug. 4, 1992, effective Feb. 26, 1993. Amended: Filed May 25, 1995, effective Dec. 30, 1995. *Original authority 1980, amended 1993. ((11/30/95)* Rebecca McDowell Cook