(1) “Accreditation” means a formal determination and recognition by CARF that a Work Activity or Supported Employment Program is in compliance with the service delivery standards CARF has established for the program.

(2) “Activity Center” means a community-based day program that serves adults who generally have acquired most basic self-care skills, have some ability to interact with others, are able to make their needs known, and respond to instructions. Activity center programs focus on the development and maintenance of the functional skills required for self-advocacy, community integration and employment;

(3) “Adult” means a person 18 years of age or older;

(4) “Adult Day Health Care Program” means an Adult Day Health Care Program as defined in Health and Safety Code Section 1570.7(a);

(5) “Adult Day Programs” means those community-based day programs defined in (a)(1), above and (a)(6), (11), (13), (31), and (60) below;

(6) “Adult Day Services” means the broad category of nonresidential services under which adult day programs are categorized;

(7) “Adult Development Center” means a community-based day program that serves adults who are in the process of acquiring self-help skills. Individuals who attend adult development centers generally need sustained support and direction in developing the ability to interact with others, to make their needs known, and to respond to instructions. Adult development center programs focus on the development and maintenance of the functional skills required for self-advocacy, community integration, employment, and self-care;

(8) “Age Appropriate” means the consideration of the chronological age of the person in the use of activities, instructional locations, and techniques;

(9) “Applicant” means an individual, partnership, group, association, corporation, nonprofit organization, institution, or entity, and the officers, directors, boards of directors, owners, managing employees or agents thereof, that apply to the regional center to become a vendor;

(10) “Authorized Agency Representative” means a person authorized to act on behalf of either the Department or the regional center, by law, by court order, or by a written statement signed by the Director of the Department or the regional center director, respectively;

(11) “Authorized Consumer Representative” means the parent or guardian of a minor, conservator of an adult, or person who is legally entitled to act on behalf of the consumer;

(12) “Behavior Management Program” means a community-based day program that serves adults with severe behavior disorders and/or dual diagnosis who, because of their behavior problems, are not eligible for or acceptable in any other community-based day program;

(13) “CARF” means The Rehabilitation Accreditation Commission, as referenced in Welfare and Institutions Code, Section 4851.

(14) “Certification” means a certification determination completed by the Department of Rehabilitation.

(15) “Child” means a person under the age of 18 years;

(16) “Community-based Day Programs” means those programs which provide services to individuals on an hourly or daily basis, but less than a 24-hour basis in the community rather than at a developmental center. Only the following types of services are community-based day programs: activity centers, adult development centers, behavior management programs, independent living programs, infant developmental programs and social recreation programs;

(17) “Community Integration” means presence, participation and interaction in natural environments;

(18) “Congregate Living Health Facility” means a Congregate Living Health Facility as defined in Health and Safety Code Section 1250(i)(1);

(19) “Consumer” means an individual who has been determined by a regional center to meet the eligibility criteria of the Welfare and Institutions Code, Section 4512, and of Title 17, Sections 54000, 54001 and 54010, and for whom the regional center has accepted responsibility;

(20) “Controlling Agency” means any agency, department, or commission that by statute requires standards to be met for the issuance of a license, credential, registration, certificate or permit required for the operation or provision of service;

(21) “Days” means calendar days unless otherwise stated;

(22) “Department” means the Department of Developmental Services;

(23) “Developmental Center” means any institution referred to in the Welfare and Institutions Code, Section 4440. Developmental Center is synonymous with state hospital;

(24) “DHS” means the Department of Health Services;

(25) “DSS” means the Department of Social Services;

(26) “Direct Care Staff” means staff who personally provide direct services to consumers. Personnel who are responsible for other staff functions may be considered direct care staff only during that time when they are providing direct services to consumers or are involved in program preparation functions;

(27) “Direct Services” means hands-on training provided by the vendor in accordance with the requirements of the consumer's Individual Program Plan and the provisions of Section 56720 of these regulations;

(28) “Director” means the Director of the Department of Developmental Services;

(29) “Family Member” means an individual who: A) Has a developmentally disabled person residing with him or her; B) Is responsible for the 24-hour care and supervision of the developmentally disabled person; and C) Is not a licensed or certified resident care facility or foster family home receiving funds from any public agency or regional center for the care and supervision provided;

(30) “Functional Skills” means those skills which enable an individual to communicate, interact with others and to perform tasks which have practical utility and meaning at home, in the community or on the job;

(31) “Generic Agency” means any agency which has a legal responsibility to serve all members of the general public and which is receiving public funds for providing such services;

(32) “Generic Support(s)” means voluntary service organizations, commercial businesses, non-profit organizations, generic agencies, and similar entities in the community whose services and products are regularly available to those members of the general public needing them.

(33) “Group Practice” means more than one individual which functions as a business entity while providing services to individuals;

(34) “Habilitation Services” means community-based services purchased or provided for adults with developmental disabilities, including services provided under the Work Activity Program and the Supported Employment Program, to prepare and maintain these adults at their highest level of vocational functioning, or to prepare them for referral to Vocational Rehabilitation services;

(35) “Independent Living Program” means a community-based day program that provides to adult consumers the functional skills training necessary to secure a self-sustaining, independent living situation in the community and/or may provide the support necessary to maintain those skills. Independent living programs focus on functional skills training for adult consumers who generally have acquired basic self-help skills and who, because of their physical disabilities, do not possess basic self-help skills, but who employ and supervise aides to assist them in meeting their personal needs;

(36) “Individual Program Plan (IPP)” means a written plan that is developed by a regional center interdisciplinary (ID) team, in accordance with the provisions of the Welfare and Institutions Code, Sections 4646 and 4646.5;

(37) “Infant Development Program” means a community-based day program defined in the Welfare and Institutions Code, Section 4693;

(38) “In-home Respite Services” means intermittent or regularly scheduled temporary non-medical care and supervision provided in the consumer's own home and designed to do all of the following:

(39) “Interdisciplinary (ID) Team” means the group of persons convened in accordance with the Welfare and Institutions Code, Section 4646, for the purpose of preparing a consumer's IPP;

(40) “Intermediate Care Facility” means an Intermediate Care Facility as defined in Health and Safety Code Section 1250(d);

(41) “Intermediate Care Facility/Developmentally Disabled (ICF/DD)” means a licensed residential health facility which provides care and support services to developmentally disabled consumers whose primary need is for developmental services and who have a recurring, but intermittent, need for skilled nursing services;

(42) “Intermediate Care Facility/Developmentally Disabled-Habilitative (ICF/DD-H)” means a licensed residential health facility which has as its primary purpose the furnishing of 24-hour personal care, developmental training, habilitative, and supportive health services in a facility with 15 beds or less to residents with developmental disabilities;

(43) “Intermediate Care Facility/Developmentally Disabled-Nursing (ICF/DD-N)” means a licensed residential health facility which has as its primary purpose the furnishing of 24-hour nursing supervision, personal care, and training in habilitative services in a facility with 4-15 beds to medically fragile developmentally disabled consumers, or to consumers who demonstrate a significant developmental delay that may lead to a developmental disability if not treated. Such consumers must have been certified by a physician as not requiring skilled nursing care;

(44) “Long-Term Health Care Facility” means an Adult Day Health Care Program, a Congregate Living Health Facility, a Skilled Nursing Facility (SNF), an Intermediate Care Facility (ICF), an Intermediate Care Facility/Developmentally Disabled (ICF/DD), an Intermediate Care Facility/Developmentally Disabled-Habilitative (ICF/DD-H), or an Intermediate Care Facility/Developmentally Disabled-Nursing (ICF/DD-N);

(45) “Management Organization” means a separate and distinct corporation or entity which operates two or more services;

(46) “Mobility Training” means individually planned activities and instruction which enable adults with developmental disabilities to utilize the most normalizing independent transportation modes possible;

(47) “Natural Environment” means places and social contexts commonly used by individuals without developmental disabilities;

(48) “Natural Supports” means, pursuant to Welfare and Institutions Code, Section 4512(e), personal associations and relationships typically developed in the family and community that enhance or maintain the quality and security of life for people;

(49) “Nonresidential Services” means all services provided by any vendor other than a residential facility;

(50) “Nursing Facility” means a licensed health facility or a distinct part of a hospital which provides continuous skilled nursing and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. It provides 24-hour inpatient care and, as a minimum, includes physician, skilled nursing, dietary and pharmaceutical services, and an activity program;

(51) “Program Preparation Functions” means secondary activities performed by non-residential direct care staff, such as preparation of lesson plans, completion of the necessary documentation required by these regulations, preparation and clean-up of the area where the direct service is provided to consumers, or involvement in other duties such as staff meetings and parent conferences;

(52) “Purchase of Service Funds” means those funds identified in the Budget Act for the purpose of purchasing services, provided by vendors, for consumers;

(53) “Reasonably suspected” means an objectively reasonable suspicion that a person would entertain, based upon facts that could cause a reasonable person in a like position, drawing, when appropriate, on his or her training and experience, to suspect abuse.

(54) “Regional Center” means a diagnostic, counseling, and service coordination center for developmentally disabled persons and their families which is established and operated pursuant to the Welfare and Institutions Code, Sections 4620 through 4669, by a private nonprofit community agency or corporation acting as a contracting agency. As used in these regulations, any reference to the regional center shall, by reference, be applicable to those agencies or persons with which the regional center contracts to provide service coordination to consumers under the provisions of the Welfare and institutions Code, Section 4648;

(55) “Residential Facility” means any licensed community care facility as defined in Health and Safety Code Section 1502(a)(1), (4), (5) or (6), or a licensed residential care facility for the elderly as defined in Health and Safety Code Section 1569.2;

(56) “Self-Advocacy” means the awareness, motivation and ability of an individual to represent and communicate his or her own interests, to exercise personal choice, to exert control over his or her environment, and to avoid exploitation and abuse;

(57) “Self-Care” means meeting one's physical and personal needs, such as dressing, grooming and hygiene without dependence on others or having the ability to direct others to meet those needs;

(58) “Service Catchment Area” means the geographical area within which a regional center provides services specified in its contract with the Department as required by the Welfare and Institutions Code, Section 4640;

(59) “Service Code” means a number which is assigned by the vendoring regional center to a vendor which indicates the type of authorized service to be provided;

(60) “Service Contract” means an agreement entered into between a regional center and a non-residential vendor which specifies the level of payment and units of service to be used by the vendor to charge and invoice the regional center for services provided to consumers;

(61) “Service Design” means a written description of the service delivery capabilities and orientation developed, maintained, and implemented by a SLS vendor;

(62) “Services” means assistance provided, and duties performed, by a vendor for a consumer;

(63) “Skilled Nursing Facility (SNF)” means a Skilled Nursing Facility as defined in Health and Safety Code Section 1250(c);

(64) “Social Recreation Program” means a community-based day program which provides community integration and self-advocacy training as they relate to recreation and leisure pursuits;

(65) “Special Incident Report” is the documentation prepared by vendor staff or long-term health care facility staff detailing a special incident and provided to the regional center;

(66) “Staffing Ratio” or “Staff-to-Consumer Ratio” means the numerical relation of the number of direct care staff to the number of consumers;

(67) “Statewide Vendor Panel” means the statewide listing of all vendors which contains information specified in Section 54334 of these regulations;

(68) “Subcode” means a series of a maximum of five numbers and/or letters which is assigned by the vendoring regional center to a vendor for billing purposes;

(69) “Supported Employment” means services that are provided by a job coach in order to support and maintain an individual with developmental disabilities in employment;

(70) “Supported Employment Program” means a program that meets the requirements of the term supported employment , as defined in this section, and of the terms, integrated work, supported employment placement, allowable supported employment services, group services, and individualized services as defined in Section 58801.

(71) “Supported Living Service(s) (SLS)” means those services and supports referenced in Section 54349(a) through (e), and specified as SLS service and support components in Title 17, Section 58614, which are provided by a SLS vendor, paid for by the regional center, and support consumers' efforts to:

(72) “Unit of Service” means the increment of service provided to consumers which is used to charge and invoice the regional center for services provided. The increment of service is specified as hours, days, transportation mileage or any other increment of service agreed to by the Department, regional center and the vendor;

(73) “User Regional Center” or “Utilizing Regional Center” means any regional center which utilizes a service within the vendoring regional center's catchment area;

(74) “Vendor” means an applicant which has been given a vendor identification number and has completed the vendorization process, and includes those specified in Section 54310(d) and (e);

(75) “Vendor Application” or “Application Packet” means the form, DS 1890 (7/2011), and the information specified in Section 54310(a)(1) through (10) of these regulations;

(76) “Vendor Identification Number” means the unique number which is assigned to each vendor in order to establish a recordkeeping and tracking system for regional centers' billing purposes;

(77) “Vendoring Regional Center” means the regional center in whose service catchment area the vendor is located;

(78) “Vendorization” means the process used to:

(79) “Voucher” means a written authorization issued by a regional center to a family member or consumer to procure the service for which the voucher was issued and which specifies the maximum reimbursement authorized by the regional center.

(80) “Work Activity Program” includes, but is not limited to, Work Activity centers or settings that provide support to consumers engaged in paid work and have demonstrated that the program is in compliance with Department of Rehabilitation certification standards or are accredited by CARF;

(1) “Excluded Individuals or Entities” means either those individuals and entities that have been placed on the U.S. Department of Health and Human Services Office of Inspector General (OIG) List of Excluded Individuals/Entities and the Department of Health Care Services (DHCS) Medi-Cal Suspended and Ineligible Provider list or those individuals and entities that meet the criteria included in Section 54311(a)(6);

(2) “Indirect Ownership Interest” means an ownership interest in an entity that has an ownership interest in the applicant or vendor entity. This term includes an ownership interest in any entity that has an indirect ownership interest in the applicant or vendor entity;

(3) “Managing Employee” means a general manager, business manager, administrator, director, or other individual who exercises operational or managerial control over, or who directly or indirectly conducts the day-to-day operation of an institution, organization, agency or business entity;

(4) “Ownership Interest” means the possession of equity in the capital, the stock or the profits of an applicant or vendor entity;

(5) “Person with an Ownership or Control Interest” means a person or corporation that:

(6) “Significant Business Transaction” means any business transaction or series of transactions that, during any one fiscal year, exceed the lesser of $25,000 or 5 percent of an applicant or vendor's total operating expenses;

(7) “Subcontractor” means an individual, agency, or organization to which an applicant or vendor entity has contracted or delegated some of its management functions or responsibilities of providing services;

(8) “Wholly Owned Supplier” means a supplier whose total ownership interest is held by an applicant or vendor entity or by a person, persons, or other entity with an ownership or control interest in an applicant or vendor entity.