37.100.402    COMMUNITY HOMES FOR PERSONS WITH PHYSICAL DISABILITIES: DEFINITIONS

For purposes of this subchapter, the following definitions apply:

(1) "Community home for persons with physical disabilities" means a family-oriented residence designed to provide residential services for two to eight physically disabled persons that does not provide skilled or intermediate nursing care. This definition does not preclude the provision of skilled or intermediate nursing care by third-person providers.

(2) "Department" means the department of public health and human services established in 2-15-2201 , MCA.

(3) "Physically disabled" means a disabled person with a permanent impairment that substantially limits major life activity, such as walking, self-care, seeing, hearing, speaking, learning, reasoning, judgement, or memory, and that can be diagnosed by a physician.

(4) "Provider" means the person, corporation or other entity furnishing community home services to physically disabled persons.

(5) "Resident" means a physically disabled person who lives in and receives services from a community home.

(6) "Training" means an organized program for assisting physically disabled persons in acquiring, improving or maintaining particular skills.

(7) "License" means a written document issued by the department that the holder has complied with the applicable rules for a community home for the physically disabled.

(8) "Provisional license" means a written document issued by the department on a time limited basis at the department's discretion or at the initial start-up of a community home if the home is either not in compliance with all licensing requirements but will be in compliance within 6 months. A provisional license includes a temporary or a probationary license.

History: Sec. 53-19-112, MCA; IMP, Sec. 53-19-102, MCA; NEW, 1985 MAR p. 1774, Eff. 11/15/85; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 667.