D.C. Mun. Regs. tit. 22, r. 22-B3599

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-B3599 - DEFINITIONS

When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Abuse - the willful infliction of injury, unreasonable confinement, intimidation or punishment with resulting physical harm, pain or personal anguish.

Advocate - a person who has experience in assuring that persons with intellectual disabilities are treated with respect and dignity and in accordance with all laws and regulations pertaining to the rights of persons with disabilities, and who can independently speak on behalf of persons with intellectual disabilities.

Act - the Health Care and Community Residence Facility, Hospice, Home Care Licensure Act of 1983, D.C. Law 5-48, Official Code § 7-1301 - Citizens with Intellectual Disabilities, et seq.

Advanced Practice Registered Nurse (APRN) - a person licensed to practice registered nursing under the Health Occupation Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01et seq.) and Chapter 54 District of Columbia Municipal Regulations.

Controlled Substance - a drug, substance, or immediate precursor, as set forth in Schedules I through V of Subchapter 2 of the District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981(D.C. Law 4-29; D.C. Official Code §§ 48-901et seq.).

Community Residence Facility for Persons with Intellectual Disabilities (CRFPID) - a community residence facility that provides a home-like environment for at least 4 but no more than 8 related or unrelated individuals who on account of intellectual disabilities require specialized living arrangements, and maintains the necessary staff, programs, support services, and equipment for their care and habilitation. A CRFPID is synonymous with the term "group home for persons with intellectual disabilities" that is utilized by the Act.

Department - The District of Columbia Department of Health (DC Health).

Direct Care Staff - individuals employed to work in the CRFPID who render the day-to-day personal assistance and aid persons in meeting the goals and objectives of their individual program.

Director - Director of the District of Columbia Department of Health (DC Health).

Discharge - The permanent movement of a person to a new CRFPID or another setting which operates independently of the person's current CRFPID.

Emergency care - appropriate services in a variety of settings accessible to individuals designed to meet an immediate need and restore or maintain the physical or mental well- being of the person or provider.

Habilitation - the process by which a person is assisted to acquire and maintain those life skills which enable him or her to cope more effectively with the demands of his or her own person and of his or her own environment, and to raise the level of his or her physical, intellectual, social, emotional, and economic efficiency. The term includes, but is not limited to, the provision of community-based services.

Health Inventory - health history, including present illnesses and symptoms and physician's assessment of current health status.

HIPAA - The Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d-9 (2010), which provides protections for health information that is in the possession of the certain covered agencies, including health care facilities.

Immediate (as in reporting) - no delay between staff awareness of the occurrence and reporting to the administrator or other officials in accordance with District of Columbia law unless the situation is unstable in which case reporting should occur as soon as the safety of all persons is assured.

Individual Program Plan (IPP) - a written document for each person, the purpose of which is to implement the ISP.

Individual Support Plan (ISP) - a plan developed for the habilitation of a person.

Intellectual Disability - a condition characterized by a substantial limitation in capacity that manifests before eighteen (18) years of age and is characterized by significantly below average intellectual functioning, existing concurrently with two (2) or more significant limitations in adaptive functioning.

Interdisciplinary Team (IDT) - a group of individuals with special training and experience in the diagnosis and habilitation of persons with intellectual disabilities which has the responsibility of performing a comprehensive evaluation of each person and participating in the development, implementation, and monitoring of the persons individual support plan.

Intermediate Care Facility - in accordance with 42 CFR 435.1009, an institution for persons with intellectual disabilities (or a distinct part of an institution) that is primarily for the diagnosis, treatment, or rehabilitation of the instinctually disabled or persons with related conditions; and Provides, in a protected residential setting, ongoing evaluation, planning 24-hour supervision, coordination, and integration of health or rehabilitative services to help each person function at this greatest ability.

Level of Need - a comprehensive assessment of the support needs and risk screening for participants in the ICF/IDD and ID/DD Home and Community Based Services Waiver programs.

Licensed Practical Nurse (LPN) - a person licensed to practice practical nursing under the Health Occupations Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq .) and Chapter 55 District of Columbia Municipal Regulations.

Medical Care Plan - a plan of treatment developed by a physician or advanced practice nurse, individually or in coordination with licensed nursing personnel, for persons who are either acutely ill and require licensed nursing care and monitoring temporarily on a 24 hour basis, or persons whose chronic medical conditions require or indicate 24 hour licensed nursing care and monitoring. The physician determines when 24 hour nursing care is required, type of care, scope, duration, and the frequency of treatment ordered.

Mistreatment - behavior or facility practices that result in any type of person exploitation such as financial, physical, sexual, or criminal. Mistreatment also refers to the use of behavioral management techniques outside of their use as approved by the specially constituted committee and facility policies and procedures.

Neglect - failure to provide goods and services necessary to avoid physical harm, mental anguish or mental illness. Staff failure to intervene appropriately to prevent self-injurious behavior may constitute neglect. Staff failure to implement facility safeguards, once person to person aggression is identified, may also constitute neglect.

Person/People - a person who has been diagnosed as having an intellectual disability.

Physical Restraint - any manual method or device that the person cannot remove easily and that restricts the free movement or normal functioning of or normal access to a portion or portions of a person's body.

Qualified Health Care Professional - practicing under the scope of his or her license in accordance with the District of Columbia Health Occupations Revision Act of 1985, effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code 3-1201 §§ et seq . ("HORA").

Qualified Intellectual Disabilities Professional (QIDP) - also known as Qualified Developmental Disabilities Professional or QDDP, is someone who implements the day-to-day operations of a community residence facility by overseeing the initial habilitative assessment of a person; develops, monitors, and reviews ISPs, and integrates and coordinates Waiver services.

Registered Nurse (RN) - a person licensed to practice registered nursing under the Health Occupations Revision Act of 1985 ("Act"), effective March 25, 1986 (D.C. Law 6-99; D.C. Official Code §§ 3-1201.01 et seq .) and Chapter 54 District of Columbia Municipal Regulations.

Residential Habilitation Service Setting - a community residence facility for persons with intellectual disabilities that is a provider in the Home and Community Based Waiver Services Residential Habilitation Service Settings (HCBS) Program, authorized by 29 DCMR Chapter 19 under the supervision of the Department of Disability Services.

Seclusion - The placement of a person alone in a locked room or in an obviously isolated portion of a room.

Service Coordinator - The DDS staff responsible for coordinating a person's services pursuant to their ISP and Plan of Care.

Transfer - The temporary movement of a person between CRFPIDs, or the permanent movement of a person between living units of the same CRFPID.

Trained Medication Employee (TME) - a person who is certified in accordance with Title 17 of the District of Columbia Municipal Regulations Chapter 61 (17 DCMR Chapter 61).

Unusual Incident - any occurrence or event which substantially interferes with a person's health, welfare, living arrangement, well-being or in any way places the person at risk. These incidents may include but are not limited to natural disaster or other events which cause damage to the CRFPID or threaten the person, outbreaks of disease, filing of bankruptcy, labor disputes or any event which may interfere with the operation of the CRFPID, allegations or incidents involving neglect, abuse, assault, or sexual assault of a person, sudden death of a person and allegations or incidents of drug possession or distribution by a staff person of the CRFPID.

D.C. Mun. Regs. tit. 22, r. 22-B3599

Final Rulemaking published at 39 DCR 3280, 3305 (May 8, 1992); as amended by Notice of Emergency and Proposed Rulemaking published at 47 DCR 244 (January 14, 2000) [EXPIRED]; as amended by Notice of Final Rulemaking published at 47 DCR 1898 (March 17, 2000); amended by Final Rulemaking published at 68 DCR 4282 (4/23/2021)