440 IAC 7.5-1-1 - Definitions
Authority: IC 12-21-2-3
Sec. 1.
The following definitions apply throughout this article:
(1) "Addiction" means
alcoholism or addiction to:
(A) narcotic or
other drugs; or
(B)
gambling.
(2) "Addiction
services provider" means an organization certified by the division to provide a
structured facility designed for the:
(A)
treatment;
(B) care; and
(C) rehabilitation; of individuals addicted
to alcohol or drugs.
(3)
"Agency" means:
(A) a community mental health
center certified by the division under 440 IAC 4.1;
(B) a managed care provider certified by the
division under 440 IAC 4.3;
(C) a
residential care provider certified by the division under 440 IAC 6;
or
(D) an addiction services
provider with regular certification certified by the division under
440 IAC 4.4-2-3 that administers
a residential living facility.
(4) "Alternative family for adults (AFA)
program" means a program that serves six (6) or fewer individuals who:
(A) have a psychiatric disorder or addiction,
or both; and
(B) reside with an
unrelated householder.
(5) "Apartment building" means any building
or portion thereof that contains three (3) or more dwelling units and includes
condominiums.
(6) "Case management"
means goal oriented activities that locate, facilitate, provide access to,
coordinate, or monitor the full range of basic human needs, treatment, and
service resources for individual consumers. The term includes, where necessary
and appropriate for the consumer, the following:
(A) Assessment of the consumer.
(B) Treatment planning.
(C) Crisis assistance.
(D) Providing access to and training the
consumers to utilize basic community resources.
(E) Assistance in daily living.
(F) Assistance for the consumer to obtain
services necessary for meeting basic human needs.
(G) Monitoring of the overall delivery of
services.
(H) Assistance in
obtaining the following:
(i) Rehabilitation
services and vocational opportunities.
(ii) Respite care.
(iii) Transportation.
(iv) Education services.
(v) Health supplies and
prescriptions.
(7) "Case manager" means an individual who
provides case management activities.
(8) "Community mental health center" or
"CMHC" means a mental health facility that the division has certified as
fulfilling the statutory and regulatory requirements to be a community mental
health center.
(9) "Congregate
residence" means a residential living facility that is located in any building
or portion thereof that contains facilities for living, sleeping, and
sanitation, and includes facilities for eating and cooking, for occupancy by
other than a family.
(10)
"Consumer" means an individual with a psychiatric disorder or addiction, or
both.
(11) "Continuum of care"
means a range of required services provided by a community mental health center
or a managed care provider. The term includes the following:
(A) Individualized treatment planning to
increase consumer coping skills and symptom management, which may include any
combination of services listed under this section.
(B) Twenty-four (24) hour a day crisis
intervention.
(C) Case management
to fulfill individual consumer needs, including assertive case management when
indicated.
(D) Outpatient services,
including the following:
(i) Intensive
outpatient services.
(ii) Substance
abuse services.
(iii)
Counseling.
(iv)
Treatment.
(E) Acute
stabilization services, including detoxification services.
(F) Residential services.
(G) Day treatment.
(H) Family support services.
(I) Medication evaluation and monitoring.
(J) Services to prevent
unnecessary and inappropriate treatment and hospitalization and the deprivation
of a person's liberty.
(12) "Crisis intervention" means services in
response to a psychiatric disorder or addiction emergency, either provided
directly by the provider or made available by arrangement with a medical
facility or an individual physician licensed under Indiana law.
(13) "Division" means the Indiana division of
mental health and addiction or its duly authorized agent.
(14) "Dwelling unit" means a single unit
providing complete, independent living facilities for one (1) or more persons,
including permanent provisions for:
(A)
living;
(B) sleeping;
(C) eating;
(D) cooking; and
(E) sanitation.
(15) "Evacuation capability" means the
ability of the occupants, residents, and staff, as a group, to evacuate the
building. Evacuation capability is classified as follows :
(A) Prompt evacuation capability is
equivalent to the capability of the general population when applying the
requirements of this article.
(B)
Slow evacuation is the capability of the group to evacuate the building in a
timely manner, with some of the residents requiring assistance from the staff.
(C) Impractical evacuation
capability occurs when the group, even with staff assistance, cannot reliably
evacuate the building in a timely manner.
The evacuation capability of the residents and staff is a function of both the ability of the residents to evacuate and the assistance provided by the staff. Evacuation capability in all cases is based on the time of day or night when evacuation would be most difficult, that is, sleeping residents, loss of power, severe weather, or fewer staff present.
(16) "Family" means an
individual or two (2) or more persons related by blood or marriage or a group
of ten (10) or fewer persons who need not be related by blood or marriage
living together in a single dwelling unit.
(17) "Gatekeeper" means an agency identified
in IC 12-24-12-2 or IC 12-24-12-10 that is actively involved in the evaluation
and planning of treatment for an individual committed to a state institution
beginning after the commitment through the planning of the individual's
transition back into the community, including case management services for the
individual in the community.
(18)
"Householder" means the occupant owner or leaseholder of the residence used in
the alternative family program.
(19) "Household member" means any person
living in the same physical residence as a consumer living in a residential
living facility licensed or certified under this rule.
(20) "Individualized treatment plan" means a
written plan of care and intervention developed for an individual by a
treatment team in collaboration with the individual and, when appropriate, the
individual's family or guardian.
(21) "Legal representative" means:
(A) a health care representative appointed
under IC 16-36-1;
(B) an
attorney-in-fact for health care who was appointed by the resident when the
resident was competent under IC 30-5-5-16;
(C) a court appointed guardian for health
care decisions; or
(D) the
resident's parent, adult sibling, adult child, or spouse who is acting as the
resident's health care representative under IC 16-36-1 when:
(i) no formal appointment of a health care
representative has been made; and
(ii) the resident is unable to make health
care decisions.
(22) "Managed care provider" or "MCP" means
an organization:
(A) that:
(ii) provides addiction services;
or
(iii) provides children's mental
health services;
(B) that
has entered into a provider agreement with the division under IC 12-21-2-7 to
provide a continuum of care as defined in IC
12-7-2-40.6 in the least
restrictive, most appropriate setting; and
(C) that is operated by at least one (1) of
the following:
(i) A city, town, county, or
other political subdivision of Indiana.
(ii) An agency of Indiana or of the United
States.
(iii) A political
subdivision of another state.
(iv) A
hospital owned or operated by :
(AA) a unit of
government; or
(BB) a building
authority that is organized for the purpose of constructing facilities to be
leased to units of government.
(v) A corporation incorporated under IC
23-7-1.1 (before its repeal August
1, 1991) or IC 23-17.
(vi) An
organization that is exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code.
(vii) A university or
college.
(23)
"Psychiatric disorder" means a mental disorder or disease. The term does not
include the following:
(A) Mental
retardation.
(B) A developmental
disability.
(C)
Alcoholism.
(D) Addiction to
narcotic or other drugs.
(E)
Addiction to gambling.
(24) "Representative payee" means a person
appointed by the United States:
(A) Social
Security Administration;
(B) Office
of Personnel Management;
(C)
Department of Veterans Affairs; or
(D) Railroad Retirement Board; to provide one
(1) or more financial management services in order to assist an individual who
is receiving government benefits and is medically incapable of making
responsible financial decisions.
(25) "Resident" means an individual who is
living in a residential living facility.
(26) "Residential care provider" or "RCP"
means a provider of residential care that has been certified by the division as
one (1) of the following:
(A) A community
mental health center.
(B) A managed
care provider.
(C) A residential
care provider.
(D) An addiction
services provider with regular certification.
(27) "Residential director" means an
individual whose primary responsibility is to administer and operate the
residential facility.
(28)
"Residential living facility" means:
(A) a
sub-acute stabilization facility;
(B) a supervised group living facility;
(C) a transitional residential
services facility;
(D) a
semi-independent living facility defined under IC
12-22-2-3
[IC
12-22-2-3 was repealed by
P.L.
143-2011,
SECTION
31 , effective July 1, 2011.];
and
(E) alternative family homes
operated solely by resident householders under this rule.
(29) "Residential staff" or "staff" means all
individuals who the agency employs or with whom the agency contracts to provide
direct services to the residents in the residential living facility.
(30) "Resident living allowance" is a sum of
money paid to a consumer when that consumer's personal resources are not
adequate to maintain the consumer in a therapeutic living
environment.
(31) "Respite care"
means temporary residential care to provide:
(A) relief for a caregiver; or
(B) transition during a stressful
situation.
(32)
"Semi-independent living facility" or "SILP" means a facility:
(A) that is not licensed by another state
agency and serves six (6) or fewer individuals with a psychiatric disorder or
an addiction, or both, per residence who require only limited supervision;
and
(B) in which the agency or its
subcontractor:
(i) provides a resident living
allowance to the resident; or
(ii)
owns, leases, or manages the residence.
(33) "Sub-acute stabilization facility" or
"SUB ACUTE" means a twenty-four (24) hour facility for the treatment of
psychiatric disorders or addictions, and that is more restrictive than a
supervised group living facility and less restrictive than an inpatient
facility.
(34) "Supervised group
living facility" or "SGL" means a residential facility that provides a
therapeutic environment in a home-like setting to persons with a psychiatric
disorder or addiction who need the benefits of a group living arrangement as
post-psychiatric hospitalization intervention or as an alternative to
hospitalization.
(35) "Therapeutic
living environment" means a living environment:
(A) in which the staff and other residents
contribute; and
(B) that presents
no physical or social impediments; to the habilitation and rehabilitation of
the resident.
(36)
"Transitional residential facility" or "TRS" means a twenty-four (24) hour per
day service that provides food, shelter, and other support services to
individuals with a psychiatric disorder or addiction who are in need of a short
term supportive residential environment.
(37) "Treatment team" minimally consists of
the following:
(A) The resident.
(B) The resident's case manager.
(C) The appropriate staff of the residential
facility.
(D) Persons from other
agencies who design and provide a direct treatment service for the resident.
(E) If the resident has a legal
representative, the team shall include the legal representative.
Notes
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