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210.770 Definitions for KRS 210.770 to 210.795.
As used in KRS 210.770 to 210.795, unless the context otherwise requires:
(1) "Mental impairment" includes an intellectual disability, organic brain syndrome,
emotional or mental illness, and specific learning disabilities;
(2) "Person with a disability" means someone with a physical or mental impairment
and includes individuals who have a record or history of an impairment, or are
regarded as having a physical or mental impairment that substantially limits
one (1) or more major life activities;
(3) "Physical impairment" means any physiological disorder or corrective, cosmetic
disfigurement, or an anatomical loss affecting one (1) or more of the following
body systems: neurological, musculo-skeletal, special sense organs,
respiratory including speech organs, cardiovascular, reproductive, digestive,
genito-urinary, hemic and lymphatic, skin, and endocrine;
(4) "Substantial limitation of a major life activity" includes limiting such things as
walking, talking, seeing, hearing, caring for oneself, or working;
(5) "Hart-Supported Living Program" means grants which provide a broad
category of highly flexible, individualized services which, when combined with
natural unpaid or other eligible paid supports, provide the necessary assistance
to do the following:
(a) Provide the support necessary to enable a person who is disabled to live
in a home of the person's choice which is typical of those living
arrangements in which persons without disabilities reside;
(b) Encourage the individual's integrated participation in the community with
persons who are members of the general citizenry;
(c) Promote the individual's rights and autonomy;
(d) Enhance the individual's skills and competences in living in the
community; and
(e) Enable the individual's acceptance in the community by promoting home
ownership or leasing arrangements in the name of the individual or the
individual's family or guardian;
(6) "Hart-Supported Living Program" does not include any services that support
the following arrangements:
(a) Segregated living models such as any housing situation which physically
or socially isolates people with disabilities from general citizens of the
community;
(b) Segregated programs or activities which physically or socially isolate
people with disabilities from general citizens of the community;
(c) Congregate living models such as any housing situation which groups
individuals with disabilities as an enclave within an integrated setting;
(d) Any model where the individual, as an adult, does not have maximum
control of the home environment commensurate with the individual's
disabilities; and
(e) Any single living unit where more than three (3) people with disabilities
live;
(7)
(8)
"Hart-Supported Living Council" means a supported living council appointed by
the Governor and recognized by the commissioner of the Department for
Behavioral Health, Developmental and Intellectual Disabilities; and
"Supported living services" include but are not limited to:
(a) Supported living community resource developers;
(b) Homemaker services;
(c) Personal care services;
(d) In-home training and home management assistance;
(e) Start-up grants;
(f) Transportation;
(g) Home modifications;
(h) Adaptive and therapeutic equipment; and
(i) Facilitation by an independent and trained facilitator to develop and
implement individualized life planning.
Effective:July 12, 2012
History: Amended 2012 Ky. Acts ch. 146, sec. 95, effective July 12, 2012; and ch.
158, sec. 41, effective July 12, 2012. -- Amended 2006 Ky. Acts ch. 81, sec. 1,
effective July 12, 2006. -- Created 1992 Ky. Acts ch. 261, sec. 1, effective July
14, 1992.
Legislative Research Commission Note (7/12/2012). This statute was amended
by 2012 Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they
have been codified together. Where a conflict exists, Acts ch. 146, which was
last enacted by the General Assembly, prevails under KRS 446.250.
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