Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0062 - Wyoming Life Resource Center
Chapter 1 - General Provisions
Section 1-3 - Definitions
Universal Citation: WY Code of Rules 1-3
Current through September 21, 2024
(a) The following definitions apply to the WLRC rules, unless otherwise specified:
(i) "Adverse action" means the termination,
reduction, or denial of services provided to a resident; the denial or
withdrawal of admission certification; the discharge from services at the WLRC;
or other action which, by law, may result in a contested case hearing before
the Department. An adverse action excludes:
(A) The decision whether or not to offer a
specific type of service at the WLRC;
(B) The staffing decisions made by the
Department in its ordinary course of business; and
(C) The reduction or denial of services
provided or any other action caused solely by a change in Federal or State
statutes or regulations.
(ii) "Certification" means the satisfaction
of federal standards of participation and a valid agreement between the Centers
for Medicare and Medicaid Services and the WLRC.
(iii) "Director" means the Director of the
Department, or the Director's agent, designee, or successor.
(iv) "Disability," as defined in W.S. §
25-5-102,
means a developmental disability as defined in
42
U.S.C. 15002 or a disability resulting from
an acquired brain injury.
(A) A
"developmental disability," in general, means a severe, chronic disability of
an individual that meets criteria pursuant to
42
U.S.C. 15002.
(B) A "developmental disability," in the
context of infants and young children, means an individual from birth to age
nine, inclusive, who has a substantial developmental delay or specific
congenital or acquired condition, may be considered to have a developmental
disability without meeting three or more of the criteria described in the
definition of disability if the individual, without services and supports, has
a high probability of meeting those criteria later in life.
(v) "Discharge" means the movement of a
resident from the WLRC where the resident's return to the WLRC is not
expected.
(vi) "Division" means the
Department's Behavioral Health Division, its agent, designee, or
successor.
(vii) "Empowered staff"
means direct care staff who work within self-managed work teams and have the
primary responsibility for the day-to-day care of residents and the smooth
functioning of the homes. They work in partnership with nurses and other
clinical support team members to meet the needs of residents.
(viii) "Facility Administrator" means the
on-site supervisor and manager of the WLRC or designee. This term is equivalent
to the statutory term "Program Manager." When interpreting and construing these
rules, the term "Facility Administrator" is used in lieu of "Program
Manager."
(ix) "Intermediate Care
Facility for Individuals with Intellectual Disabilities" as defined in W.S.
§
25-5-102(b)(xxii), means an
intermediate care facility for individuals with intellectual disabilities
(ICF/IID), which provides active treatment and related services for eligible
individuals requiring intermediate care.
(x) "Legacy population" is any person
residing at the Wyoming Life Resource Center prior to April 1, 2016.
(xi) "Meaningful life" means the ability to
determine choice, control, autonomy, close relationships, and other attributes
as determined by each resident.
(xii) "Minimum Data Set (MDS)" means the
federally mandated process for clinical assessment of all residents in Medicare
and Medicaid certified skilled nursing facilities. The MDS process provides a
comprehensive assessment of each resident's functional capabilities and helps
WLRC staff identify health issues in order to create an individualized
comprehensive care plan.
(xiii)
"Neurocognitive Disorder" means decreased mental functioning as determined by
diagnostic criteria defined in the Diagnostic and Statistical Manual of
Mental Disorders (DSM-V). Neurocognitive disorders includes acquired
brain injury and organic brain syndrome.
(xiv) "Non-Residential services" means
outreach and outpatient services, upon request, to those individuals not
admitted to one of the residential programs.
(xv) "Person centered planning" means a
process directed by a resident that identifies a resident's strengths,
capacities, preferences, needs, and the services needed to meet those needs.
Person centered planning allows a resident to exercise choice and control over
the process of developing and implementing the individual program plan. Person
centered planning includes:
(A) "Baseline
person centered care planning" means a plan of care developed within
forty-eight (48) hours of a resident's skilled nursing facility admission
including the minimum healthcare information necessary to properly care for the
resident;
(B) "Comprehensive person
centered care planning" means the development and implementation of a plan that
includes measurable objectives and timeframes to meet a resident's medical,
nursing, mental, and psychosocial needs, while describing individualized
resident goals, preferences, and desired outcomes.
(xvi) "Preadmission screening assessment"
means an evaluation conducted by the screening team using appropriate
assessments and tools for determination of eligibility for a program at the
WLRC.
(xvii) "Real home" means the
residential homes designed to provide an environment for the residents that is
a place of comfort, safety, and refuge. The real home incorporates therapeutic
attributes, outdoor spaces, private bedrooms, a shared living room, open
kitchen, and dining area.
(xviii)
"Restraint," means processes that limit movement or behavior. Restraint
includes:
(A) "Personal restraint," which
means the application of physical presence without the use of any device, for
the purpose of restraining the free movement of the body of the resident.
Personal restraint does not include briefly holding, without undue force, a
resident in order to calm or comfort the resident, or holding a resident's hand
to safely escort the resident from one area to another. Personal restraint
includes the use of a "time-out room," as regulated by
42
CFR 483.450(c);
(B) "Mechanical restraint" means a device
attached or adjacent to a resident's body that cannot easily be moved or
removed that restricts freedom of movement or normal access to the body;
or
(C) "Drug used as a restraint"
means a drug that is administered to manage a resident's behavior in a way that
reduces the safety risk to the resident or others, has the temporary effect of
restricting the resident's freedom of movement, and is not a standard treatment
for the resident.
(xix)
"Senior Administrator" means the administrator of the Behavioral Health
Division or designee. This term is equivalent to the statutory term
"Administrator." When interpreting and construing these rules, the term "Senior
Administrator" is used in lieu of "Administrator."
(xx) "Services" mean diagnostic, education,
training, medical, habilitation, or other services and/or respite, emergency
evaluation services, equipment, therapy, or supplies appropriate to meet the
needs of a resident at the WLRC.
(xxi) "Skilled Nursing Facility" means a
facility primarily engaged in skilled nursing care and related services for
residents who require medical or nursing care that can only be safely and
effectively performed by, or under the supervision of, professionals or
technical personnel.
(xxii)
"Transfer" means the movement of a resident from the WLRC to another setting,
usually for a temporary period.
Disclaimer: These regulations may not be the most recent version. Wyoming may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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