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In this report, services and housing arrangements for people with intellectual and other developmental disabilities within the state are examined. Below, is a list of key terms used commonly throughout this report, as well as their meaning or definition.
(A) The term "developmental disability" means a severe, chronic disability of an individual that:
(i) is attributable to a mental or physical impairment or combination of mental and physical impairments;
114 STAT. 1684 PUBLIC LAW 106-402-OCT. 30, 2000
(ii) is manifested before the individual attains age 22;
(iii) is likely to continue indefinitely;
(iv) results in substantial functional limitations in 3 or more of the following areas of major life activity:
(I) Self-care.
(II) Receptive and expressive language.
(III) Learning.
(IV) Mobility.
(V) Self-direction.
(VI) Capacity for independent living.
(VII) Economic self-sufficiency; and
(v) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated.
(B) INFANTS AND YOUNG CHILDREN - An individual from birth to age 9, inclusive, who has a substantial developmental delay or specific congenital or acquired condition, may be considered to have a developmental disability without meeting 3 or more of the criteria described above if the individual, without services and supports, has a high probability of meeting those criteria later in life.
North Carolina General Statute 122C-3(12a) defines a developmental disability as "a severe, chronic disability of a person which:
States may offer a variety of services to consumers under an HCBS waiver program and the number of services that can be provided is not limited. These programs may provide a combination of both traditional medical services (i.e., dental services, skilled nursing services) as well as non-medical services (i.e. respite, case management, environmental modifications). Family members and friends may be providers of waiver services if they meet the specified provider qualifications. However, in general spouses and parents of minor children cannot be paid providers of waiver services.
The State Medicaid agency must submit to the Center for Medicare and Medicaid Services (CMS) for review and approval an application for an HCBS waiver, and the State Medicaid Agency has the ultimate responsibility for an HCBS waiver program, although it may delegate the day-to-day operation of the program to another entity. Initial HCBS waivers are approved for a three-year period, and waivers are renewed for five-year intervals.
Within the parameters of broad Federal guidelines, States have the flexibility to develop HCBS waiver programs designed to meet the specific needs of targeted populations. Federal requirements for states choosing to implement an HCBS waiver program include:
Ensuring that services are provided in accordance with a plan of care.
States have the discretion to choose the number of consumers to serve in a HCBS waiver program. Once approved by CMS, a state is held to the number of persons estimated in its application, but has the flexibility to serve greater or fewer numbers of consumers by submitting an amendment to CMS for approval.
(1905(d) of the SSA)
An institution (or distinct part thereof) for the mentally retarded or persons with related conditions if —
Community integration, used with respect to individuals with developmental disabilities, means exercising the equal right of individuals with developmental disabilities to access and use the same community resources as are used by and available to other individuals. Public Law 106-402-OCT. 30, 2000 114 STAT. 1686 (17)
Inclusion means the acceptance and encouragement of the presence and participation of individuals with developmental disabilities, by individuals without disabilities, in social, educational, work, and community activities, that enables individuals with developmental disabilities to: (a) have friendships and relationships with individuals and families of their own choice; (b) live in homes close to community resources, with regular contact with individuals without disabilities in their communities; (c) enjoy full access to and active participation in the same community activities and types of employment as individuals without disabilities; and (d) take full advantage of their integration into the same community resources as individuals without disabilities, living, learning, working, and enjoying life in regular contact with individuals without disabilities. Public Law 106-402-OCT. 30, 2000 114 STAT. 1685 (15)
Supported employment services means services that enable individuals with developmental disabilities to perform competitive work in integrated work settings, in the case of individuals with developmental disabilities: (a) for whom competitive employment has not traditionally occurred or for whom competitive employment has been interrupted or intermittent as a result of significant disabilities; and (b) who, because of the nature and severity of their disabilities, need intensive supported employment services or extended services in order to perform such work. The Developmental Disabilities Assistance and Bill of Rights Act of 2000 Public Law 106-402-OCT. 30, 2000 114 STAT. 1688 (30)
Self-determination refers to activities that result in individuals with developmental disabilities, with appropriate assistance, having: (a) the ability and opportunity to communicate and make personal decisions; (b) the ability and opportunity to communicate choices and exercise control over the type and intensity of services, supports, and other assistance the individuals receive; (c) the authority to control resources to obtain needed services, supports, and other assistance; (d) opportunities to participate in, and contribute to, their communities; and (e) support, including financial support, to advocate for themselves and others, to develop leadership skills, through training in self-advocacy, to participate in coalitions, to educate policy makers, and to play a role in the development of public policies that affect individuals with developmental disabilities. The Developmental Disabilities Assistance and Bill of Rights Act of 2000 Public Law 106-402-OCT. 30, 2000 114 STAT. 1687 (27)