2006 Louisiana Laws - RS 28:451.2 — Definitions

§451.2.  Definitions

As used in this Chapter, the following words, terms, and phrases shall have the meaning ascribed to them in this Section, except when the context clearly indicates a different meaning:

(1)  "Office" or "OCDD" means the office for citizens with developmental disabilities within the Department of Health and Hospitals.

(2)  "Administrative units" means developmental centers, regional offices and any other unit established under the administration and supervision of the office.

(3)  "Appropriate" means all of the following:

(a)  In accordance with standards of the Department of Health and Hospitals and the provisions of this Chapter.

(b)  In the most integrated setting that adequately addresses the diverse support needs of the person.

(c)  In accordance with the person's support plan.

(4)  "Assistant secretary" means the assistant secretary of the office for citizens with developmental disabilities of the Department of Health and Hospitals.

(5)  "Community home" means a living option, certified, licensed, or monitored by the Department of Health and Hospitals, where six or fewer people with developmental disabilities reside.

(6)  "Dangerous to others" means the condition of a person whose behavior or significant threats support a reasonable expectation that there is a substantial risk that he will inflict physical harm upon another person in the near future.

(7)  "Dangerous to self" means the condition of a person whose behavior, significant threats, or inaction supports a reasonable expectation that there is a substantial risk that he will inflict significant physical or severe emotional harm upon his own person; or the inability of a person, independently or with the help of willing and responsible family members or friends, to meet his own basic physical needs; or his inability to protect himself from serious harm due to his inability to discern the dangers and hazards found in everyday life.

(8)  "Department" means the Department of Health and Hospitals.

(9)  "Determination" means determination of eligibility for entry into the system.

(10)  "Developmental center" means an administrative unit of the office under its administration, supervision, and control through which the office provides and develops developmental disabilities services and system capacity building efforts.  Developmental centers are responsible for:

(a)  Planning and providing living options and other developmental disabilities services as determined by the office.

(b)  Stimulating and supporting capacity building within the system through resource centers, technical assistance, training, and other means as determined by the office.

(11)  "Developmental disabilities services" means programs, services, and supports for persons with developmental disabilities that include but are not limited to information and referral services, support coordination services, system entry services, development of the support profiles and plans, individual and family support services, living options, habilitation services, and vocational services.

(12)  "Developmental disability" means either:

(a)  A severe, chronic disability of a person that:

(i)  Is attributable to an intellectual or physical impairment or combination of intellectual and physical impairments.

(ii)  Is manifested before the person reaches age twenty-two.

(iii)  Is likely to continue indefinitely.

(iv)  Results in substantial functional limitations in three or more of the following areas of major life activity:

(aa)  Self-care.

(bb)  Receptive and expressive language.

(cc)  Learning.

(dd)  Mobility.

(ee)  Self-direction.

(ff)  Capacity for independent living.

(gg)  Economic self-sufficiency.

(v)  Is not attributed solely to mental illness.

(vi)  Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.

(b)  A substantial developmental delay or specific congenital or acquired condition in a person from birth through age nine which, without services and support, has a high probability of resulting in those criteria in Subparagraph (a) of this Paragraph later in life that may be considered to be a developmental disability.

(13)  "Facility administrator" means the official appointed as the head of a state or privately operated residential facility and includes anyone designated by the facility administrator to act on behalf of the facility administrator.

(14)  "Group home" means a living option, certified, licensed, or monitored by the department, where seven to fifteen people with developmental disabilities reside.

(15)  "Human services authority or district" means a regional or other locally-based agency established by state law with assigned powers, duties and functions regarding the delivery of mental health, developmental disabilities, and addictive disorders services funded by appropriations from the state and provided through memoranda of agreement with the program offices of the department.  Human services authorities and districts are responsible for all of the following:

(a)  Providing determination for entry into the system, development of the support profile, and support coordination.

(b)  Providing individual and family support services, living options, and other developmental disabilities services directly or by contract or individual agreements as determined by the office.

(16)  "Interdisciplinary review" means a review by a team of professionals for the purpose of determining the presence of a developmental disability as defined in this Chapter.  Professionals conducting this review must have knowledge of diagnoses and functional limitations associated with developmental disabilities.

(17)  "Interdisciplinary team" means a group that reviews information, data and input from a person to make recommendations relevant to the needs of the person.  The team consists of the person, his legal representative if applicable, professionals of varied disciplines who have knowledge relevant to the person's needs, and may include his family members along with others the person has designated.

(18)  "Living options" means a variety of service settings wherein people with developmental disabilities live, including but not limited to extended family living, supported living, community homes, group homes, and residential facilities.

(19)  "Most integrated setting" is an environment that includes the full range of service and support options that reflect the desires and goals of the person and that address the needs of the person and which promotes the full participation in daily life and activities.

(20)  "Person" means a person with a developmental disability.  It is also understood that it includes the legal representative of the person in instances where one has been appointed to act on behalf of the person.

(21)  "Plan coordinator" means the individual who is responsible for guiding the support team in development of the support plan for the person with a disability.  The plan coordinator assures that the goals identified by the person are addressed in the support plan.

(22)  "Provider" means a person, partnership, corporation, state agency, or other entity that provides developmental disabilities services and receives either state or federal funds or both.

(23)  "Regional office" means an administrative unit of the office, subject to the administration, supervision, and control of the office and through which the office provides and develops developmental disabilities services.  Regional offices are responsible for the following:

(a)  Providing determination for entry into the system, development of the support profile, and support coordination.

(b)  Providing individual and family support services, living options, and other developmental disabilities services directly or by contract or individual agreements as determined by the office.

(24)  "Residential facilities" means living options that are certified and licensed by the department to provide residential services to sixteen or more persons.

(25)  "Services" means developmental disability services.

(26)  "Substantial functional limitations" means documented evidence of limitations in present functioning considered within the context of community environments typical of the age, peers, and culture of the person.

(27)  "Support plan" means an individualized plan that coordinates supports and services to assist the person in reaching his desired outcomes and reflects the vision, personal preferences, life goals, and diverse formal and informal support needs of the person.  The plan is developed by the person and his support team.  Persons with developmental disabilities, family members and others chosen by the person or the family, and those legally empowered to make decisions for the person, are the primary decision makers regarding services and supports such persons receive, including the choice of available living options.

(28)  "Support profile" means a summary of identified supports or services that addresses the expressed needs and desires of the person and that is used in the development of the support plan for that person.  It is developed prior to the person receiving supports or services.

(29)  "Support team" means a team consisting of a person with a developmental disability, his plan coordinator, and may include his family and others whom the person chooses to assist him in developing a support plan.

(30)  "System" means the developmental disabilities services system.

Acts 2005, No. 128, §1, eff. June 22, 2005.

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