Section 404-2-001 - DEFINITIONSFor the purposes of these regulations, definitions found in the Developmental Disabilities Services Act (Nebraska Revised Statute [Neb. Rev. Stat.] §§ 83-1201 to 83-1226), the Public Guardianship Act (Neb. Rev. Stat. §§ 30-4101 to 30-4118), the Workforce Innovation and Opportunity Act 34 C.F.R. parts 361, 363, and 397), the Adult Protective Services Act (Neb. Rev. Stat. §§ 28-348 to 28-387), the Child Protection and Family Safety Act (Neb. Rev. Stat. §§ 28-710 to 28-727), and the following definitions apply:
001.01APPLICANT FOR CERTIFICATION. The individual, governmental entity, corporation, partnership, limited liability company or other form of business organization who applies for certification as a provider of specialized services.001.02ASSESSMENT. The process of evaluating and identifying the preferences, skills, and needs of a participant and what services, interventions, and supports would facilitate the health, safety, and welfare of that participant.001.03CERTIFIED PROVIDER. The person or entity providing developmental disabilities services and to whom the Department has issued a certification.001.04DEPARTMENT. The Department has the same definition as set forth in Neb. Rev. Stat. § 83-1204.001.05DIRECTOR. The person hired by, reporting to, and authorized by the certified provider to direct the day-to-day activities of the provider agency. The director may also be identified as the administrator, executive director, chief executive officer, program administrator, or other similar terms.001.06EMERGENCY SAFETY SITUATION. Unanticipated behavior by a participant that places the participant or others at serious threat of violence or injury if no intervention occurs and that requires an emergency safety intervention.001.07EMERGENCY SAFETY INTERVENTION. Use of physical restraint or separation as an immediate response to an emergency safety situation.001.08EMOTIONAL ABUSE. Humiliation, harassment, threats of punishment or deprivation, sexual coercion, or intimidation, resulting in emotional harm or emotional anguish.001.09INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES (ICF/DD). Intermediate care facility for persons with developmental disabilities, has the same definition as that set forth at Neb. Rev. Stat. § 71-421.001.10INDIVIDUAL SUPPORT PLAN (ISP). A written plan which identifies the supports, activities, and resources required for a participant to achieve and maintain personal goals and health and safety.001.11INDIVIDUAL SUPPORT PLANNING TEAM. The team, consisting of the participant, legal representative, if applicable, service coordinator, provider representative, and other individuals chosen by the participant served, that develops the individual support plan (ISP).001.12INFORMED CHOICE. An individual's voluntary, well-considered decision made on the basis of options, information, and understanding. The decision-making process should result in a free and informed decision by the individual about whether he or she desires supports and services and which services he or she needs.001.13OBJECTIVE ASSESSMENT PROCESS (OAP). The process used by the Department to determine the amount of funding for any participant receiving services, which includes the Inventory for Client and Agency Planning (ICAP) and other assessments.001.14PARTICIPANT. An individual receiving Waiver program services and supports. Where the right to receive notice, to participate in the individual support planning team process and development of the individual support plan (ISP), or informed choice are regulated in this Title, participant also means any competent person legally authorized to act on behalf of the individual receiving Waiver program services and supports.001.15PLAN OF IMPROVEMENT. A written plan outlining the provider's strategies to address any areas found to be out of compliance with applicable standards found during certification or service reviews.001.16POSITIVE BEHAVIORAL SUPPORTS. Supports that emphasize positive approaches directed towards maximizing the growth and development of each individual.001.17RISK ENDORSEMENT. An addendum for which a certified agency may apply in order to serve participants determined to meet the need for behavioral risk services.001.18SECLUSION. The involuntary confinement of a participant alone in a room or an area from which the participant is physically prevented from having contact with others or leaving. Seclusion is prohibited. Seclusion is not separation of a participant to a safe room or area in an emergency safety situation as part of an emergency safety intervention.001.19SERVICE COORDINATION. Targeted case management services provided by Department staff to assist a participant in facilitating services and supports for which he or she qualifies.001.20SUBSTANTIAL FUNCTIONAL LIMITATION. A score that is two standard deviations or more below the mean on a properly administered and valid, norm-referenced assessment of adaptive functioning that is generally accepted within the field of psychology.001.21VERBAL ABUSE. The use of oral, written, or gestured language that willfully includes disparaging and derogatory terms to individuals served.404 Neb. Admin. Code, ch. 2, § 001
Adopted effective 11/19/2022