C.M.R. 10, 149, ch. 6, 149-6-5, subsec. 149-6-5.02

Current through 2024-25, June 19, 2024
Subsection 149-6-5.02 - DEFINITIONS
1.Activities of Daily Living are tasks that are essential to a person's daily living, including bathing, dressing, toileting, transferring, continence, and feeding as defined by the State Performance Report for State Units on Aging, Appendix A: Data Element Definitions, Version 2.0 (OMB Control Number 0985-0072).
2.Area Agency on Aging (AAA) means an entity designated pursuant to 42 U.S.C. § 3025(a)(2)(A) of the Older Americans Act or a State agency performing the function of an area agency on aging pursuant to 42 U.S.C. § 3025(b)(5).
3.At Risk for Institutionalization as defined by 42 U.S.C. § 3002(9), means, with respect to an Older Individual, that such individual is unable to perform at least 2 Activities of Daily Living without substantial assistance (including verbal reminding, physical cuing, or supervision) and determined by the State involved to be in need of placement in a long-term care facility.
4.Caregiver means an individual who has the responsibility for the care of an Older Individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law and means a family or other individual who provides (on behalf of such individual or of a public or private agency, organization or institution) compensated or uncompensated care to an Older Individual as defined by 42 U.S.C. § 3002(18)(B).
5.Congregate Meal as defined by the State Performance Report for State Units on Aging, Appendix A: Data Element Definitions, Version 2.0 (OMB Control Number 0985-0072),means a meal provided by a qualified nutrition project provider to a qualified individual in a congregate or group setting. The meal is served in a program that is administered by the AAA or its subcontracted entity and meets all the requirements of the Older Americans Act, State and local laws. Meals provided to individuals through means-tested programs may be included.
6.Department means the Maine Department of Health and Human Services.
7.Frail, as defined by 42 U.S.C. § 3002(22),means that the Older Individual is determined through an OADS approved assessment to be functionally impaired because the individual:
A. is unable to perform at least two (2) Activities of Daily Living without substantial human assistance, including verbal reminding, physical cueing, or supervision as identified through an OADs approved assessment; or
B. due to a cognitive or other mental impairment, requires substantial supervision because the individual behaves in a manner that poses a serious health or safety hazard to the individual or to another individual.
8.Greatest Economic Need means the need resulting from an income level at or below the poverty guidelines as provided in the most recent U.S. Department of Health and Human Services (HHS) Annual Update of the HHS Poverty Guidelines, published each year in the Federal Register and available at: https://www.federalregister.gov/documents/2022/01/21/2022-01166/annual-update-of-the-hhs-poverty-guidelines.
9.Greatest Social Need means the need caused by noneconomic factors which includes, but is not limited to, physical and mental disabilities, language barriers, and cultural, social, or geographical isolation including isolation caused by racial or ethnic status, gender identity, or sexual orientation that restricts an individual's ability to do normal daily tasks or that threatens such individual's capacity to live independently as defined by 42 U.S.C. § 3002(24).
10.Home Delivered Meal as defined by the State Performance Report for State Units on Aging, Appendix A: Data Element Definitions, Version 2.0 (OMB Control Number 0985-0072), means a meal provided to a qualified individual in their place of residence. The meal is served in a program that is administered by the AAA or its subcontracted entity and meets all the requirements of the Older Americans Act and this Section. Home Delivered Meals includes meals provided to individuals under means-tested programs.
11.Homebound means an Older Individual who:
A. because of illness, incapacitating disability, or Frailty, needs the aid of supportive devices, the use of special transportation, or the assistance from another person to leave their place of residence, or who has a condition for which leaving the home is medically contraindicated; and
B. requires a considerable and taxing effort to leave home.

A person may leave their home to receive health care treatment, or for non-medical reasons, and nonetheless be considered Homebound if the absences from the home are infrequent and for periods of relatively short duration. See Medicare Benefit Policy Manual (MBPM), Pub. No. 100-02, ch. 7, § 30.1.1.

12.Individual with a Disability means a person who is not less than age 18 and not older than 59 with one or more physical or mental impairments that substantially limit one or major life activities of such individual, with a record of such an impairment, or who is regarded as having such an impairment, in conformance with the definition of "disability" in the Americans with Disabilities Act of 1990, 42 U.S.C. § 12102(1).
13.Instrumental Activities of Daily Living means self-care tasks including ability to use telephone, shopping, food preparation, housekeeping, laundry, mode of transportation, medication management, and ability to manage finances as defined by the State Performance Report for State Units on Aging, Appendix A: Data Element Definitions, Version 2.0 (OMB Control Number 0985-0072).
14.Nutrition Counseling as defined by the State Performance Report for State Units on Aging, Appendix A: Data Element Definitions, Version 2.0 (OMB Control Number 0985-0072),means a standardized service developed by the Academy of Nutrition and Dietetics that provides individualized guidance to individuals who have a high Nutrition Risk Score. Nutrition Counseling is provided one-on-one by a Registered Dietitian and addresses the options and methods for improving status with a measurable goal.
15.Nutrition Director means an individual with education and training in nutrition science or an individual with comparable expertise in the planning of nutrition services.
16.Nutrition Education as defined by the State Performance Report for State Units on Aging, Appendix A: Data Element Definitions, Version 2.0 (OMB Control Number 0985-0072), means an intervention targeting Older Americans Act participants and caregivers that uses information dissemination, instruction, or training with the intent to support food, nutrition, and physical activity choices and behaviors (related to nutritional status) in order to maintain or improve health and address nutrition-related conditions. Content is consistent with the Dietary Guidelines for Americans; is accurate, culturally sensitive, regionally appropriate, considers personal preferences; and is overseen by a Registered Dietitian or individual of a comparable expertise as defined in the OAA.
17.Nutrition Risk Score indicates the person's total score on the DETERMINE your Nutritional Health Risk checklist published by the Nutrition Screening Initiative (NSI) to measure an individual's nutritional risk.
18.Nutrition Service Incentives Program (NSIP) Qualified Meal means a Congregate Meal or Home Delivered Meal.
19.OADS Data System refers to the system by which OADS captures data surrounding this program as described in this Manual.
20.Office of Aging and Disability Services (OADS) means the designated office within the Maine Department of Health and Human Services that supports the needs of Older Individuals and is the designated State Unit for Aging on the federal level.
21.Older Individual means an individual who is 60 years of age or older as defined by the Older Americans Act, 42 U.S.C. § 3002(40).
22.Provider means an Area Agency on Aging or its subcontracted entity.
23.Referral means any request for services provided under the Nutrition Services Program.
24.Registered Dietitian means an individual that is a food and nutrition expert who has been credentialed by the Academy of Nutrition and Dietetics.
25.Rural Area means a type of developed environment in which the consumer lives as defined by the rural-urban commuting area (RUCA) codes defined at the zip code level.

C.M.R. 10, 149, ch. 6, 149-6-5, subsec. 149-6-5.02