Section 2390.5. Definitions  


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  • The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

    Abusive act—An act or omission of an act that willfully deprives a client of rights or which may cause or causes actual physical injury or emotional harm to a client.

    Certificate of compliance—A document issued to a legal entity permitting it to operate a vocational facility at a given location, for a specific period of time, according to appropriate regulations of the Commonwealth.

    Chief executive officer—The staff person responsible for the general management of the facility. Other terms such as ‘‘program director’’ or ‘‘administrator’’ may be used as long as the qualifications specified in § 2390.32 (relating to chief executive officer) are met.

    Client—A disabled adult receiving services in a vocational facility.

    Competitive employment—A job in a regular work setting with an employee-employer relationship, in which a disabled adult is hired to do a job that other nondisabled employees also do.

    Content discrepancy—A difference between what was determined at the ISP meeting by the plan team and what is documented in the written ISP.

    Criminal abuse—Crimes against the person such as assault and crimes against the property of the client such as theft or embezzlement.

    Department—The Department of Human Services of the Commonwealth.

    Direct service worker—A person whose primary job function is to provide services to a client who attends the provider’s facility.

    Disabled adult

    (i) A person who because of a disability requires special help or special services on a regular basis in order to function vocationally.

    (ii) The term includes persons who exhibit any of the following characteristics:

    (A) A physical disability, such as visual impairment, hearing impairment, speech or language impairment or other physical handicap.

    (B) Social or emotional maladjustment.

    (C) A neurologically based condition such as cerebral palsy, autism or epilepsy.

    (D) Mental retardation.

    Documentation—Written statements that accurately record details, substantiate a claim or provide evidence of an event.

    Handicapped employment—A vocational program in which the individual client does not require rehabilitation, habilitation or ongoing training in order to work at the facility.

    ISP—Individual Support Plan—The comprehensive document that identifies services and expected outcomes for a client.

    Interdisciplinary team—A group of persons representing one or more service areas relevant to identifying a client’s needs, including at a minimum the county casemanager if the client is funded through the county mental health and mental retardation program, the client and the program specialist.

    Outcomes—Goals the client and client’s plan team choose for the client to acquire, maintain or improve.

    Plan lead—The program specialist or family living specialist, as applicable, when the client is not receiving services through an SCO.

    Plan team—The group that develops the ISP.

    Provider—An entity or person that enters into an agreement with the Department to deliver a service to a client.

    Restrictive procedure—A practice that limits a client’s movement, activity or function; interferes with a client’s ability to acquire positive reinforcement; results in the loss of objects or activities that a client values; or requires a client to engage in a behavior that the client would not engage in given freedom of choice.

    SC—Supports coordinator—An SCO employee whose primary job functions are to locate, coordinate and monitor services provided to a client when the client is receiving services from an SCO.

    SCO—Supports coordination organization—A provider that delivers the services of locating, coordinating and monitoring services provided to a client.

    Services—Actions or assistance provided to the client to support the achievement of an outcome.

    Sheltered employment—A program designed to enable the client to move out of the vocational facility into competitive employment or into a higher level vocational program focusing on the development of competitive worker traits and using work as the primary training method.

    Training

    (i) Occupational training that follows a specific curriculum and is designed to teach skills for a specific occupation in the competitive labor market.

    (ii) The term also includes personal and work adjustment training that is designed to develop appropriate worker traits and teach an understanding of the expectations of a work environment to enable the client to progress into a higher level rehabilitation program or into competitive employment.

    Vocational evaluation—The use of planned activities, systematic observation and testing to accomplish a formal assessment of a client, including an identification of program needs, potential for employment and identification of employment objectives.

    Vocational facility (facility)—A premise in which rehabilitative, habilitative or handicapped employment or employment training is provided to one or more disabled clients for part of a 24-hour day.

    Work activities center—A program focusing on working and behavioral/therapeutic techniques to enable clients to attain sufficient vocational, personal, social and independent living skills to progress to higher level vocational programs.

    Work performance review—An assessment of the client’s skill level.

The provisions of this § 2390.5 adopted May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693; amended August 27, 2010, effective August 28, 2010, 40 Pa.B. 4935. Immediately preceding text appears at serial pages (259709) to (259710).

Notation

Authority

The provisions of this § 2390.5 amended under sections 911 and 1021 of the Public Welfare Code (62 P. S. § § 911 and 1021).