Maine Revised Statutes Title 34-B Sec. 5001 – Definitions
Current as of: 2023 | Check for updates
|
Other versions
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1983, c. 459, §7 (NEW).]
1. Bureau.
[PL 1993, c. 410, Pt. CCC, §23 (RP).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 5001
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Adult developmental services: means any support or assistance provided, licensed or funded in whole or in part by the department pursuant to chapter 5 or 6 to an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 1001
- Correspondent: means a person designated by the Consumer Advisory Board or its successor to act as a next friend of a person with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
- Family: means those persons that the person defines as included in that person's family, including as appropriate unpaid individuals with whom the person resides. See Maine Revised Statutes Title 34-B Sec. 5001
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Incapacitated person: means any person who is impaired by reason of intellectual disability or autism to the extent that the person lacks sufficient understanding or capacity to make, communicate or implement responsible personal decisions or decisions regarding the person's property. See Maine Revised Statutes Title 34-B Sec. 5001
- Individual support coordinator: means a regional staff member of the department with the responsibility for coordinating the personal planning and professional services for a person eligible for adult developmental services under this Title. See Maine Revised Statutes Title 34-B Sec. 5001
- Intellectual disability: means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period. See Maine Revised Statutes Title 34-B Sec. 5001
- Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001
- Personal planning: means a process that assists and supports each person who has an intellectual disability or autism in creating a vision for how to live in and be a part of the community. See Maine Revised Statutes Title 34-B Sec. 5001
- Personal planning team: means the person with an intellectual disability or autism, the person's guardian, if any, the person's individual support coordinator or case manager and other individuals chosen or identified by the person to participate in personal planning. See Maine Revised Statutes Title 34-B Sec. 5001
- Professional services: means services provided by individuals licensed to provide medical or behavioral health care and treatment, including but not limited to physicians, nurses, physical therapists, occupational therapists, psychologists, speech therapists and dentists. See Maine Revised Statutes Title 34-B Sec. 5001
- Protective services: means services which will separate incapacitated adults from danger, including, but not limited to:
A. See Maine Revised Statutes Title 34-B Sec. 5001Region: means any of the regions established by the department. See Maine Revised Statutes Title 34-B Sec. 5001 Related condition: means a condition that meets the definition in 42 C. See Maine Revised Statutes Title 34-B Sec. 5001 Supportive services: means services to make it possible for an incapacitated person to become rehabilitated or self-sufficient to the maximum extent possible, including but not limited to:
A. See Maine Revised Statutes Title 34-B Sec. 5001Supports: means actions or assistance that empowers a person with an intellectual disability or autism to carry out life activities, build relationships and learn the skills necessary to meet the person's needs and desires. See Maine Revised Statutes Title 34-B Sec. 5601 Treatment: means the prevention or amelioration of physical and mental disabilities or illness of a person or any actions or services designed to assist the person to maximize the person's independence and potential. See Maine Revised Statutes Title 34-B Sec. 5601 Ward: means a person for whom the department has been duly appointed guardian under Title 18?C, Article 5, Part 7. See Maine Revised Statutes Title 34-B Sec. 5001
1-A. Division.
[PL 1995, c. 560, Pt. K, §38 (RP).]
1-B. Correspondent. “Correspondent” means a person designated by the Consumer Advisory Board or its successor to act as a next friend of a person with an intellectual disability or autism.
[PL 2011, c. 542, Pt. A, §74 (AMD).]
1-C. Family. “Family” means those persons that the person defines as included in that person’s family, including as appropriate unpaid individuals with whom the person resides.
[PL 2007, c. 356, §9 (NEW); PL 2007, c. 356, §31 (AFF).]
2. Incapacitated person. “Incapacitated person” means any person who is impaired by reason of intellectual disability or autism to the extent that the person lacks sufficient understanding or capacity to make, communicate or implement responsible personal decisions or decisions regarding the person’s property.
[PL 2011, c. 542, Pt. A, §75 (AMD).]
2-A. Individual support coordinator. “Individual support coordinator” means a regional staff member of the department with the responsibility for coordinating the personal planning and professional services for a person eligible for adult developmental services under this Title.
[PL 2011, c. 542, Pt. A, §76 (AMD).]
3. Intellectual disability. ” Intellectual disability” means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period.
[PL 2011, c. 542, Pt. A, §77 (AMD).]
3-A. Mentally retarded.
[PL 2011, c. 542, Pt. A, §78 (RP).]
3-B. Person. “Person” means an adult with an intellectual disability or autism.
[PL 2011, c. 542, Pt. A, §79 (AMD).]
3-C. Personal planning. “Personal planning” means a process that assists and supports each person who has an intellectual disability or autism in creating a vision for how to live in and be a part of the community.
[PL 2011, c. 542, Pt. A, §80 (AMD).]
3-D. Personal planning team. “Personal planning team” means the person with an intellectual disability or autism, the person’s guardian, if any, the person’s individual support coordinator or case manager and other individuals chosen or identified by the person to participate in personal planning.
[PL 2011, c. 542, Pt. A, §81 (AMD).]
3-E. Professional services. “Professional services” means services provided by individuals licensed to provide medical or behavioral health care and treatment, including but not limited to physicians, nurses, physical therapists, occupational therapists, psychologists, speech therapists and dentists.
[PL 2007, c. 356, §14 (NEW); PL 2007, c. 356, §31 (AFF).]
4. Protective services. “Protective services” means services which will separate incapacitated adults from danger, including, but not limited to:
A. Social, medical and psychiatric services necessary to preserve the incapacitated adult’s rights and resources and to maintain the incapacitated adult’s physical and mental well-being; and [PL 1983, c. 459, §7 (NEW).]
B. Seeking guardianship or a protective order under Title 18?C, Article 5. [PL 2017, c. 402, Pt. C, §98 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. C, §98 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
5. Region. “Region” means any of the regions established by the department.
[PL 1995, c. 560, Pt. K, §39 (AMD).]
5-A. Related condition. “Related condition” means a condition that meets the definition in 42 C.F.R. § 435.1010 in effect January 1, 2023.
[PL 2023, c. 89, §8 (NEW).]
6. Supportive services. “Supportive services” means services to make it possible for an incapacitated person to become rehabilitated or self-sufficient to the maximum extent possible, including but not limited to:
A. Counseling; [PL 1983, c. 459, §7 (NEW).]
B. Transportation; [PL 1983, c. 459, §7 (NEW).]
C. Assistance in obtaining adequate housing; [PL 1983, c. 459, §7 (NEW).]
D. Medical and psychiatric care; and [PL 1983, c. 459, §7 (NEW).]
E. Nutritional services. [PL 1983, c. 459, §7 (NEW).]
[PL 1983, c. 459, §7 (NEW).]
7. Ward. “Ward” means a person for whom the department has been duly appointed guardian under Title 18?C, Article 5, Part 7.
[PL 2017, c. 402, Pt. C, §99 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1989, c. 73, §§3,4 (AMD). PL 1993, c. 410, §§CCC23-25 (AMD). PL 1995, c. 560, §§K38-40 (AMD). PL 2007, c. 356, §§8-14 (AMD). PL 2007, c. 356, §31 (AFF). PL 2011, c. 542, Pt. A, §§74-81 (AMD). PL 2017, c. 402, Pt. C, §§98, 99 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2023, c. 89, §8 (AMD).