Current through Register Vol. XLI, No. 24, June 14, 2024
Section 64-37-2 - Definitions2.1. Developmental Disability - A severe, chronic disability of a person which: (a) is attributable to a mental or physical impairment or a combination of mental and physical impairment; (b) is manifested before the person attains age twenty-two (22); (c) is likely to continue indefinitely; (d) results in substantial functional limitations; and (e) reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment or other services which are individually planned and coordinated.2.2. E. H., et al v. Khan Matin, M.D. et al - An action brought on behalf of four residents of Huntington State Hospital seeking an order to require the clinical director of Huntington State Hospital and the director of the West Virginia department of health to provide services to which they alleged they were entitled under West Virginia law (__W. Va.__, 284 S.E. 2d 232 (1981)). Short title: E. H. v. Matin; informally referred to as "Hartley." This decision was applied to the entire behavioral health service delivery system operated by or supported by the health department. (See also West Virginia Behavioral Health Care Delivery System Plan.)2.3. Functionally Geriatric - Persons at state hospitals who are under sixty-five (65) years of age but who have disabilities requiring a degree and intensity of nursing care generally associated with the disabled over sixty-five (65) years of age.2.4. Medically Fragile - Developmentally disabled persons who require more than skilled nursing care and the services of a physician at least weekly.2.5. Medley et al versus Ginsberg et al - A class action brought on behalf of mentally retarded children and young adults in United States District Court, S.D. West Virginia to redeem alleged deprivation of federal, constitutional and federal and state statutory rights arising from institutionalization of plaintiffs by the state (492 F. Supp. 1294, June 10, 1980).2.6. West Virginia Behavioral Health Care Delivery System Plan - An extensive plan for the delivery of behavioral health services by the health department which was developed by various concerned parties pursuant to the E. H. v. Matin (supra) decision (as approved by Order entered November 15, 1983 by A. Andrew MacQueen, Chief Circuit Judge, in the circuit court of Kanawha County, West Virginia, Civil Action No. MISC-81-585. Short title: Delivery System Plan; informally referred to as the "Hartley Plan."