Health, Department of

Developmental Disabilities - Children Respite Program

Effective Date: 05/12/1994 to Current

Rule Type: Current Rules & Regulations

Reference Number: 048.0022.1.05121994

CHAPTER 1

GENERAL INTRODUCTION AND INFORMATION

Section 1. Purpose. The purpose of these rules is:

(a) To establish minimum standards for the provision and administration of a statewide program to provide community based respite care services to families with a member under the age of twenty-one (21) years who has developmental disabilities and is not eligible for the home and community based waiver services under medicaid.

Section 2. Authority. These standards are authorized by W.S. 9-2-102(a)(iii) and W.S. 35-1-628 and have been adopted by the Wyoming Department of Health -Division of Developmental Disabilities. These statutes give the Department of Health the authority to prescribe standards for the administration of the Respite Program.

Section 3. Definitions.

(a) Department: The Department of Health of the State of Wyoming.

(b) Developmental disability: A severe, chronic disability which is attributable to a mental, emotional or physical impairment or combination of impairments, manifested before the person attains twenty-two years of age, is likely to continue indefinitely and results in substantial functional limitations in three (3) or more of the following areas:

1. (i) Self-care;
2. (ii) Receptive and expressive language;
3. (iii) Learning;
4. (iv) Mobility;
5. (v) Self-direction;
6. (vi) Capacity for independent living; and
7. (vii) Economic self-sufficiency.

(c) Division: The Division of Developmental Disabilities within the Department of Health in the State of Wyoming. (DDD)

(d) Individualized care: Means basic child care plus additional specialized care necessary to meet the unique needs of a specific child.

(e) Medicaid Home and Community Based Waiver Services: Services to qualified Medicaid eligible children, who but for the provision of such services, would require the level of care provided in an Intermediate Care Facility for the Mentally Retarded (ICF/MR).

(f) Medicaid Home and Community Based Waiver Eligibility: A child who has completed the waiver eligibility process, i.e. LTMR 104 and who has a completed Individual Plan of Care, which has been approved by the Division.

(g) Parent: A parent, guardian or person acting as a parent of a child and with whom the child resides. The term does not include a state agency having custody of a child or foster parents acting in behalf of the State.

(h) Provider: An individual trained to provide care to meet the individual needs of the eligible child.

(i) Respite care: Means the care of a child who has a developmental disability by a provider for specified periods of time to allow other members of the family temporary relief from continuous care.