Definitions

As used in Sections 17b-4 (a)-1 through 17b-4 (a)-6, inclusive, as follows: (a) "Adult" means a person with a disability between the ages of 18–64 years. (b) "Administrative Overpayment" is an overpayment caused by the Department's incorrect action or failure to act within the appropriate time limits. (c) "Applicant" means any person who has submitted to the Department a completed and signed application form for Community-Based Services for families and adults. (d) "Assets" means all personal property and resources including, but not limited to, cash, bank accounts, stocks, bonds, credit union shares, mortgage notes, real estate, automobiles, cash value of life insurance, assignments of interest in estates or causes of action. (e) "Commissioner" means the Commissioner of the Department of Social Services or a designee. (f) "Community-Based Services" means the following services: (1) Adult Day Care Services – day care in a center for adults provided for a scheduled number of hours per week. Elements of this service are directed toward meeting supervision, health maintenance and restoration needs of participants. (2) Adult Companion Service – home-based supervision and monitoring activities which assist and/or instruct an adult in maintaining a safe environment, including escorting adults to medical or other appointments or recreational activities, supervising and/or assisting with activities of adult daily living, and reminding individuals to take self-administered medications. (3) Home-Delivered Meals – the preparation and delivery of meals for adults who are unable to prepare or obtain nourishing meals on their own. (4) Case Management – the implementation, coordination and monitoring by a department social worker of a community-based plan of care developed as a result of a comprehensive client needs assessment completed by the Department. (5) Chore Service – the performance of heavy indoor work, outdoor work or household tasks that are necessary to maintain and promote a healthy and safe environment for recipients in their own homes. (6) Case Work – duties performed by a social worker dealing with problems of a particular case. (7) Homemaker Services – general household management activities provided in the home on a part-time, intermittent, or full-time basis as determined by a department social worker to assist and/or instruct the recipient in managing a household. (8) Temporary Foster Care – the placement of minor child(ren), for a period of up to 90 days, in an approved foster home or with relatives when parents or a legal guardian are out of the home due to illness or other factors beyond their control. (9) Social Work Services – assessment and evaluation of need by a Department social worker including service planning, contracting, counseling, case work, advocacy for the recipient, and crisis intervention when appropriate. (10) Teaching Homemaker – a trained provider who assists and/or instructs a parent in child development, household management, shopping, meal planning, meal preparation and family household finances. (11) Personal Emergency Response System – a 24 hour electronic alarm system placed in an adult's home that enables him or her to obtain immediate help in case of an emergency. (g) "Department" means the Department of Social Services. (h) "Excess Income" means the amount by which the gross income exceeds the Title XIX medical assistance level for Region A as established annually by the Department of Social Services (DSS). (i) "Emergency Need" is a situation in which a physical and/or mental impairment prevents an individual from meeting needs of adult daily living, where there is no legally liable relative able to perform these duties or a non-legally liable relative or friend willing and able to perform these duties without compensation and lack of service would result in serious physical and/or mental deterioration. (j) "Family" means related individuals living together as one economic unit which may include one or more child(ren) under the age of 18. (k) "Good Cause" means that a person was prevented from informing the Department of changes in their circumstances which would affect their eligibility for Community-Based Services due to personal illness, death in the immediate family, severe weather, or other catastrophic events beyond the control of the recipient or other responsible members of the recipient's household. (l) "Grant Reduction Recoupment" is a method of recoupment in which the Department reduces the recipient's monthly grant. (m) "Income" (1) "Earned income" means any compensation payable by an employer to an employee and includes wages, salaries, commissions, bonuses, and tips, as well as earnings from self-employment or contractual agreements. (2) "Other income" may include, but is not limited to, pensions, annuities, dividends, interest, rental income, estate or trust income, royalties, social security minus any Medicare deduction or supplemental security income, unemployment compensation, workers' compensation, alimony, child support, recurring voluntary cash contributions, and cash assistance from federal, state, or municipal programs. (n) "Installment Recoupment" is a method of recoupment in which the recipient makes monthly installment payments to the Department. (o) "Legally liable relative" means either a spouse or a parent of a child under the age of 18. (p) "Lump-sum Recoupment" is a method of recoupment in which the recipient makes payment to the Department of the entire amount of the overpayment in one payment. (q) "Overpayment" is the amount of financial assistance paid to or on behalf of the recipient in excess of the amount to which the unit is properly entitled. (r) "Person with a disability" means an adult between the ages of 18 and 64 who, due to a physical and/or mental condition lacks the ability to meet his or her own needs, and may, as determined by a Department social worker, require institutional placement if not provided with significant supportive services. (s) "Recipient" means a person who has been determined eligible by the Department for Community-Based Services for families and adults and who has been notified of the effective date of such service and/or service payment. (t) "Recoupment" is a process by which the Department recovers an overpayment from the recipient or service provider. (u) "Relative" means blood relatives and their spouses, relatives of half-blood and their spouses, and relatives whose relationship with the recipient is based on legal adoption. (v) "Risk of Institutionalization" means the probability that a person will have to be institutionalized within 60 days if services to prevent severe mental and/or physical deterioration are either withheld or withdrawn. (w) "Service Provider" means one who provides Community-Based Services but does not include: (1) legally liable relatives or (2) other relatives who are members of the recipient's household unless they have suffered a demonstrable loss of income as a result of providing such services. (x) "Service provider agency" is an organization that employs persons to provide Community-Based Services and for whom a rate of reimbursement has been approved by the Commissioner.