As used in this part 11, unless the context otherwise
requires:
(1)Community-based services means any of the following:
(a)Home health-care services authorized pursuant to paragraph (7) of
section 1905(a) of the Social Security Act, 42 U.S.C. sec. 1396d(a);
(b)Personal care services authorized pursuant to paragraph (24) of section
1905(a) of the Social Security Act, 42 U.S.C. sec. 1396d(a);
(c)PACE services authorized pursuant to paragraph (26) of section 1905(a)
of the Social Security Act, 42 U.S.C. sec. 1396d(a);
(d)Home- and community-based services authorized pursuant to
subsections (b), (c), (i), (j), and (k) of section 1915 of the Social Security Act, 42
U.S.C. sec. 1396n; services authorized pursuant to a waiver under section 1115 of the
Social Security Act, 42 U.S.
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As used in this part 11, unless the context otherwise
requires:
(1) Community-based services means any of the following:
(a) Home health-care services authorized pursuant to paragraph (7) of
section 1905(a) of the Social Security Act, 42 U.S.C. sec. 1396d(a);
(b) Personal care services authorized pursuant to paragraph (24) of section
1905(a) of the Social Security Act, 42 U.S.C. sec. 1396d(a);
(c) PACE services authorized pursuant to paragraph (26) of section 1905(a)
of the Social Security Act, 42 U.S.C. sec. 1396d(a);
(d) Home- and community-based services authorized pursuant to
subsections (b), (c), (i), (j), and (k) of section 1915 of the Social Security Act, 42
U.S.C. sec. 1396n; services authorized pursuant to a waiver under section 1115 of the
Social Security Act, 42 U.S.C. sec. 1315; and services through coverage authorized
under section 1937 of the Social Security Act, 42 U.S.C. sec. 1396u-7;
(e) Case management services authorized under section 1905(a)(19) of the
Social Security Act, 42 U.S.C. sec. 1396d(a)(19), and section 1915(g) of the Social
Security Act, 42 U.S.C. sec. 1396n(g);
(f) Rehabilitative services, including those related to behavioral health,
described in section 1905(a)(13) of the Social Security Act, 42 U.S.C. sec.
1396d(a)(13); and
(g) Any other services specified by the United States secretary of health and
human services.
(2) Disability has the same meaning as set forth in the federal Americans
with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.
(3) Fundamental alteration means a modification that alters the essential
nature of the goods, services, facilities, privileges, advantages, or accommodations
offered by a state or public entity.
(4) Most integrated setting and least restrictive setting both mean the
setting that enables a qualified individual with a disability to interact to the fullest
extent possible with persons who do not have a disability.
(5) Plan means the state's comprehensive community integration plan,
developed pursuant to section 8-88-102.5.
(6) Public or governmental entity means:
(a) The state or any department, board, agency, instrumentality, authority, or
commission of the state; and
(b) Any political subdivision of the state, including:
(I) A county, city, or city and county;
(II) A school district as defined in section 22-36-107;
(III) A local improvement district as defined in section 32-7-103;
(IV) A law enforcement authority;
(V) A water, sanitation, fire protection, metropolitan, irrigation, drainage, or
other special district created pursuant to title 32;
(VI) Any other municipal, quasi-municipal, or public corporation organized
pursuant to the state constitution or other law; and
(VII) Any department, board, agency, instrumentality, authority, or
commission of a political subdivision of the state.
(7) Qualified individual with a disability has the same meaning as set forth
in the federal Americans with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq.