Tenn. Comp. R. & Regs. 1240-08-10-.02

Current through June 26, 2024

Section 1240-08-10-.02 - DEFINITIONS

As used in this chapter, the following terms have the following meanings:

(1) "Division" means the Division of Rehabilitation Services of the Department of Human Services (also abbreviated "DRS").

(2) "Eligibility Evaluation Team" is a team of at least two (2) persons, one (1) of whom is a licensed medical professional and one (1) of whom is a licensed occupational or physical therapist. The team is designated by the director of the Division to carry out the duties specified in Rule 1240-08-10-.05.

(3) "Employed" means engaged in activity of thirty (30) or more hours per week for which the individual receives remuneration at a rate not less than the federal minimum wage. For self-employed individuals, the "net profit" from work activity must equate with this level of remuneration.

(4) "Family Member" means an individual's parent, grandparent, sibling, child, spouse, spouse's parent, spouse's grandparent, spouse's sibling or spouse's child.

(5) "Personal Care Assistant Services" (PCA) means services rendered at least five (5) days a week at the times of day which are required by an individual with a significant physical disability, to become physically independent in connection with actual employment. These services include, but are not limited to:

(a) Routine bodily functions, personal hygiene, bowel or bladder care;

(b) Dressing;

(c) Preparation and consumption of food;

(d) Moving into, out of, or turning in bed;

(e) Bathing;

(f) Ambulation and/or mobility; and

(g) Any other similar activity of daily living as determined appropriate by the Division.

(6) "Significant Physical Disability" means a functional loss of both arms and both legs when it is anticipated that the loss will be permanent.

(7) "Ready for Employment" means an individual, who is in or has been in the rehabilitation process, has completed the rehabilitation plan, has a legitimate job offer, and is within two (2) months of remunerative employment.

(8) "Impairment Related Work Expense" means those work expenses that are impairment-related and are not reimbursed by a third party, and which are defined and allowed by Social Security Regulations in 20 C.F.R. 404.1576.

(9) "Day Care Expense" means a work-related child care expense where the cost of child care is necessary to allow a recipient of PCA services to work.

Tenn. Comp. R. & Regs. 1240-08-10-.02

Original rule filed December 9, 1986; effective March 31, 1987. Amendment filed April 22, 1997; effective July 6, 1997. Amendment filed December 5, 2003; effective April 29, 2004. Repeal and new rule filed June 30, 2009; effective September 13, 2009.

Authority: T.C.A. §§ 4-5-202; 71-1-105(12); 71-4-1201 et seq.; 20 C.F.R. § 404.1576.