107 CMR, § 12.02

Current through Register 1535, November 22, 2024
Section 12.02 - Meaning of Terms in 107 CMR 12.00

The terms used in 107 CMR 12.00 have the meaning ascribed in 107 CMR 12.02 unless the context otherwise requires.

Appeal. A process that enables an individual to contest a decision by the Commission about eligibility for or denial, reduction, suspension or termination of SHIP services; the appeal process consists of a first step informal review followed by a fair hearing if the issue remains unresolved pursuant to the Informal Rules of the Standard Adjudicatory Rules of Practice and Procedure, 801 CMR 1.02.

Guardian. A person appointed by a Court of competent jurisdiction to be responsible for the person (ward) who has been determined incompetent by the appropriate court.

Letter of Understanding. A document which outlines the scope and duration of SHIP ancillary services provided to eligible individuals, which is signed by the SHIP program coordinator and individual/guardian.

MRC. The Massachusetts Rehabilitation Commission.

Neuropsychology Consultants. MRC qualified, licensed psychologists, specializing in clinical neuropsychology, who meet professional training guidelines established by the American Psychological Association (Division 40) and International Neuropsychological Society. A neuropsychology consultant designated by the Director of SHIP, is responsible for clinical oversight and development of clinical standards and mandatory training for all SHIP supported programs; supervision of other clinical consultants; and consultation to other state agencies, per the request of the Director of SHIP.

Residency in the Commonwealth. An individual must demonstrate that he/she is a resident of Massachusetts with the intent to remain domiciled in Massachusetts. SHIP may request proof of residency such as an individual's residential address, residence of the immediate family, and/or state providing Medicaid coverage.

Program Coordinator. The SHIP staff person who identifies and coordinates the appropriate and available services necessary to assist the individual and their family to achieve independence and community integration.

SHIP Ancillary Services. Those services which are unique to the eligible applicant, short-terminnature or intermittent and which help to maintain or increase an individual's independence in their home, work or community environment. Such services may include but are not limited to private case management, respite care, home modifications, adaptive devices, recreation, community support services, and family assistance.

SHIP Contracted Services. A broad range of community-based services and supports for eligible applicants provided by private providers under a contract with SHIP. Availability may be limited by the capacity of the program defined in the contract.

Significant Impairment. Post-traumatic impairments that are documented in the results of neuropsychological testing; neuropsychiatric/neurobehavioral assessments; physiatry evaluations; evaluations of rehabilitation clinicians; or neurodiagnostic testing. The findings must be specific and directly related to the traumatic brain injury, and impairments must compromise the individual's mental, behavioral, physical, and/or cognitive capacities.

Traumatic Brain Injury (TBI). TBI, for the purposes of SHIP eligibility, is defined as brain damage resulting from:

(a) a blunt blow to the head, usually resulting in a closed head injury (e.g. motor vehicle-related incident);
(b) a penetrating head injury (e.g. gunshot or knife wound to the brain);
(c) crush injury resulting in compression to the brain (e.g. industrial accident involving the head);
(d) severe whiplash injury causing internal damage to the brain (e.g. shaken baby syndrome);
(e) head injury secondary to an explosion (caused by an improvised explosive device, grenade, mortar/artillery or landmine).

For the purposes of SHIP eligibility, brain damage secondary to other neurological insults (e.g. infection of the brain, stroke, anoxia, brain tumor) is not considered to be a traumatic brain injury as defined within 107 CMR 12.00.

107 CMR, § 12.02