Definitions -- A Through N

For the purposes of these rules the following terms are used as defined below: (3-17-22) 01. Abuse. The non-accidental act of sexual, physical, verbal, or mental mistreatment, or injury of a resident through the action or inaction of another individual. (3-17-22) 02. Administrator. The individual who has primary responsibility for the direction and control of a n agency. (3-17-22) 03. Advocate. An authorized or designated representative of a program or organization operating under federal or state mandate to represent the interests of a person with developmental disabilities. A participan t may act as their own advocate. (3-17-22) 04. Agency. Any business entity that directly provides residential habilitation services. (3-17-22) 05. Board. The Idaho Board of Health and Welfare. (3-17-22) 06. Certificate. A permit to operate a residential habilitation agency. (3-17-22) 07. Complaint. A formal expression of dissatisfaction, discontent, or unhappiness by or on behalf of a participant concerning the services provided by the agency. This expression can be oral, in writing, or by alternativ e means of communication. (3-17-22) 08. Complaint Investigation. An investigation of an agency to determine the validity of allegations o f non-compliance with applicable state rules. (3-17-22) 09. Deficiency. A determination of non-compliance with a specific rule, or part of a rule. (3-17-22) 10. Department. The Idaho Department of Health and Welfare, or a person authorized to act on behal f of the Department. (3-17-22) 11. Direct Service Staff. Any individual employed by the agency that provides direct services an d supports to the participant. (3-17-22) 12. Director. Director of the Idaho Department of Health and Welfare, or their designee. (3-17-22) 13. Exploitation. An action that may include, but is not limited to, the unjust or improper use of a vulnerable participant’s financial power of attorney, funds, property, or resources by another person for profit o r advantage. (3-17-22) 14. Functional Assessment. An evaluation of the participant’s strengths, needs, and interests tha t guides the development of program plans or plan of care. (3-17-22) 15. Governing Authority. The designated person or persons (i.e., board) who assume ful l responsibility for the conduct and operations of the residential habilitation services agency. (3-17-22) 16. Guardian. A legally-appointed person who has decision-making responsibility for the care o r property of another, under Section 15-5-301, et seq., Idaho Code, or Section 66-404, Idaho Code. (3-17-22) 17. Habilitation services. Service aimed at assisting the individual to acquire, retain, or improve thei r ability to reside as independently as possible in the community or maintain family unity. Habilitation services includ e training in one (1) or more of the following areas: self-direction, money management, daily living skills , socialization, mobility, and behavior-shaping and management. (3-17-22) 18. Immediate Jeopardy. A situation in which the provider’s non-compliance with one (1) or mor e requirements in this chapter of rules has caused, or is likely to cause, serious injury, harm, impairment, or death to a participant. (3-17-22) 19. Inadequate Care. The failure to provide the services required to meet the terms of the plan of service. (3-17-22)