§ 25-5-102 — Definitions

(a) Repealed By Laws 2008, Ch. 70, § 2, Ch. 85, § 2.
(b) As used in this act:
(i) "Acquired brain injury" means any combination of
focal and diffuse central nervous system dysfunction, at the
brain stem level and above, acquired after birth through the
interaction of any external forces and the body, oxygen
deprivation, infection, toxicity, surgery or vascular disorders
not associated with aging;
(ii) "Active treatment" means a program which
includes aggressive, consistent implementation of a program of
specialized and generic training, treatment, health services and
related services that is directed toward:
(A) The acquisition of the behaviors necessary
for the client to function with as much self determination and
independence as possible; and
(B) The prevention or deceleration of regression
or loss of current optimal functional status.
(iii) "Adaptive behavior" means the collection of
conceptual, social and practical skills that have been learned
by people in order to function in their everyday lives;
(iv) "Administrator" means the administrator of the
division;
(v) "Assistive technology device" and "assistive
technology service" mean as defined in 42 U.S.C. 15002;
(vi) "Center" means the Wyoming life resource center
at Lander, Wyoming;
(vii) "Child" means any person under the age of
eighteen (18);
(viii) "Client" means a person who has a disability
and has been determined eligible, pursuant to department rules
and regulation, and is receiving services from one (1) of the
center's programs;
(ix) "Client services" means diagnosis, education,
training and care of persons who have been admitted to the
center;
(x) "Conservator" means as defined in W.S.
3-1-101(a)(iii);
(xi) "Department" means the state department of
health;
(xii) "Director" means the director of the department
of health;
(xiii) "Disability" means a developmental disability
as defined in 42 U.S.C. 15002 or a disability resulting from an
acquired brain injury;
(xiv) "Division" means the behavioral health division
of the department of health;
(xv) "Guardian" means as defined in W.S.
3-1-101(a)(v);
(xvi) "Guardian ad litem" means as defined in W.S.
3-1-101(a)(vi);
(xvii) "Incompetent person" means adjudicated as
meeting the definition in W.S. 3-1-101(a)(ix);
(xviii) "Individual program plan" means a written
statement of long-term and short-term goals and strategies for
providing specially designed services to meet each client's
individual educational, physical, emotional and training needs;
(xix) "Informed choice" means making a decision based
on adequate information. As appropriate, such information may
include consideration regarding providers, methods, costs,
duration, accessibility, customer satisfaction, probabilities,
sources and consequences;
(xx) "Intellectual disability" means significantly
subaverage general intellectual functioning with concurrent
deficits in adaptive behavior manifested during the
developmental period. "Intellectually disabled" means a person
with an intellectual disability;
(xxi) "Interdisciplinary team" means a group that
represents the person, the person's family or guardian, or the
professions, disciplines or service areas that are relevant to
identifying the client's needs, as described in the
comprehensive functional assessments and program design. The
department shall provide by rule and regulation for the
composition of interdisciplinary teams;
(xxii) "Intermediate care facility for people with
intellectual disability" means an intermediate care facility for
individuals with intellectual disabilities (ICF/IID), as this
phrase is used in applicable federal statutes, rules and
regulations;
(xxiii) "Least restrictive environment" means the
program, service and location which least inhibits a person's
freedom of movement, informed decision making and participation
in community life while achieving the purposes of habilitation
and treatment which best meet the needs of the person. The
determination of least restrictive environment shall be
individualized, based on a person's need for medical,
therapeutic, rehabilitative and developmental services and as a
result of informed choice of the person or, if the person is a
minor or a ward, his parent or guardian;
(xxiv) "Most appropriate" means an individualized
determination of a person's need for medical, therapeutic,
rehabilitative and developmental services, based upon
professional assessment and the informed choice of the person
or, if the person is a minor or ward, his parent or guardian;
(xxv) "Most integrated" means the setting that
enables a person with a disability to have access to the same
opportunities as a person without a disability to the fullest
extent possible, including opportunities to live, learn, work,
recreate and participate in family and community activities.
Determinations of most integrated shall be individualized and
based upon professional assessment and the informed choice of
the person or, if the person is a minor or ward, his parent or
guardian;
(xxvi) "Program manager" means the on-site supervisor
and manager of the center;
(xxvii) "Screening team" means a group of appropriate
professionals, appointed by the director pursuant to rules and
regulations of the department, and assigned by the administrator
to perform preliminary testing and assessment of persons for
purposes of determining eligibility for services at the center;
(xxviii) "Ward" means as defined in W.S.
3-1-101(a)(xv);
(xxix) "This act" means W.S. 25 5 101 through 25 5
135;
(xxx) "Domiciliary care" means the domiciliary care
program, as defined by applicable federal statutes, rules and
regulations;
(xxxi) "Exceptionally difficult behaviors" means a
high level of assaultive or self-injurious behavior in a person
with an intellectual disability or organic brain syndrome. These
behaviors may include aggression and violent behavior,
wandering, sexually inappropriate behavior, self-endangering
behaviors or medication noncompliance. The level of behaviors
shall be measured by a standardized assessment and pursuant to
criteria established by the department under W.S.
25-5-105(a)(i);
(xxxii) "Hard to place" means a person who is:
(A) Eligible for skilled nursing facility
services pursuant to the long-term care assessment defined in
W.S. 42-6-102(a)(vii);
(B) Does not meet the criteria of paragraph
(xxxi), (xxxiii) or (xxxiv) of this subsection; and
(C) For whom no community skilled nursing
facility service provider has been identified in the state
within a time period defined by the department.
(xxxiii) "High medical need" means a person who is:
(A) Eligible for skilled nursing facility
services pursuant to the long term care assessment defined in
W.S. 42-6-102(a)(vii);
(B) Does not meet the criteria of paragraph
(xxxi) or (xxxiv) of this subsection; and
(C) Would qualify for the extraordinary care
nursing facility reimbursement rate, as defined by the
department.
(xxxiv) "Organic brain syndrome" means a decrease in
mental function due to a medical disease, other than mental
illness, as defined by the department. Organic brain syndrome
may be the result of an acquired brain injury or the result of
dementia caused by trauma, hypoxia, cardiovascular conditions
including thrombotic and embolic events or degenerative,
infectious, alcohol and drug related or metabolic disorders;
(xxxv) "Skilled nursing facility services" means
skilled nursing facility services as defined by applicable
federal statutes, rules and regulations.