2023 Kentucky Statutes 210.770 – Definitions for KRS 210.770 to 210.795
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As used in KRS § 210.770 to KRS § 210.795, unless the context otherwise requires:
(1) “Mental impairment” includes an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities;
(2) “Person with a disability” means someone with a physical or mental impairment and includes individuals who have a record or history of an impairment, or are regarded as having a physical or mental impairment that substantially limits one (1) or more major life activities;
(3) “Physical impairment” means any physiological disorder or corrective, cosmetic disfigurement, or an anatomical loss affecting one (1) or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine;
(4) “Substantial limitation of a major life activity” includes limiting such things as walking, talking, seeing, hearing, caring for oneself, or working;
(5) “Hart-Supported Living Program” means grants which provide a broad category of highly flexible, individualized services which, when combined with natural unpaid or other eligible paid supports, provide the necessary assistance to do the following:
(a) Provide the support necessary to enable a person who is disabled to live in a home of the person’s choice which is typical of those living arrangements in which persons without disabilities reside;
(b) Encourage the individual’s integrated participation in the community with persons who are members of the general citizenry;
(c) Promote the individual’s rights and autonomy;
(d) Enhance the individual’s skills and competences in living in the community;
and
(e) Enable the individual’s acceptance in the community by promoting home ownership or leasing arrangements in the name of the individual or the individual’s family or guardian;
(6) “Hart-Supported Living Program” does not include any services that support the following arrangements:
(a) Segregated living models such as any housing situation which physically or socially isolates people with disabilities from general citizens of the community;
(b) Segregated programs or activities which physically or socially isolate people with disabilities from general citizens of the community;
(c) Congregate living models such as any housing situation which groups individuals with disabilities as an enclave within an integrated setting;
(d) Any model where the individual, as an adult, does not have maximum control of the home environment commensurate with the individual’s disabilities; and
(e) Any single living unit where more than three (3) people with disabilities live;
(7) “Hart-Supported Living Council” means a supported living council appointed by the
Governor and recognized by the secretary; and
(8) “Hart-supported living services” include but are not limited to: (a) Hart-supported living community resource developers; (b) Homemaker services;
(c) Personal care services;
(d) In-home training and home management assistance; (e) Start-up grants;
(f) Transportation;
(g) Home modifications;
(h) Adaptive and therapeutic equipment; and
(i) Facilitation by an independent and trained facilitator to develop and implement individualized life planning.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 117, sec. 1, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 146, sec. 95, effective July 12, 2012; and ch. 158, sec. 41, effective July 12, 2012. — Amended 2006 Ky. Acts ch. 81, sec. 1, effective July 12,
2006. — Created 1992 Ky. Acts ch. 261, sec. 1, effective July 14, 1992.
Legislative Research Commission Note (7/12/2012). This statute was amended by 2012
Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS § 446.250.
(1) “Mental impairment” includes an intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities;
(2) “Person with a disability” means someone with a physical or mental impairment and includes individuals who have a record or history of an impairment, or are regarded as having a physical or mental impairment that substantially limits one (1) or more major life activities;
(3) “Physical impairment” means any physiological disorder or corrective, cosmetic disfigurement, or an anatomical loss affecting one (1) or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine;
(4) “Substantial limitation of a major life activity” includes limiting such things as walking, talking, seeing, hearing, caring for oneself, or working;
(5) “Hart-Supported Living Program” means grants which provide a broad category of highly flexible, individualized services which, when combined with natural unpaid or other eligible paid supports, provide the necessary assistance to do the following:
(a) Provide the support necessary to enable a person who is disabled to live in a home of the person’s choice which is typical of those living arrangements in which persons without disabilities reside;
(b) Encourage the individual’s integrated participation in the community with persons who are members of the general citizenry;
(c) Promote the individual’s rights and autonomy;
(d) Enhance the individual’s skills and competences in living in the community;
and
(e) Enable the individual’s acceptance in the community by promoting home ownership or leasing arrangements in the name of the individual or the individual’s family or guardian;
(6) “Hart-Supported Living Program” does not include any services that support the following arrangements:
(a) Segregated living models such as any housing situation which physically or socially isolates people with disabilities from general citizens of the community;
(b) Segregated programs or activities which physically or socially isolate people with disabilities from general citizens of the community;
(c) Congregate living models such as any housing situation which groups individuals with disabilities as an enclave within an integrated setting;
(d) Any model where the individual, as an adult, does not have maximum control of the home environment commensurate with the individual’s disabilities; and
(e) Any single living unit where more than three (3) people with disabilities live;
(7) “Hart-Supported Living Council” means a supported living council appointed by the
Governor and recognized by the secretary; and
(8) “Hart-supported living services” include but are not limited to: (a) Hart-supported living community resource developers; (b) Homemaker services;
(c) Personal care services;
(d) In-home training and home management assistance; (e) Start-up grants;
(f) Transportation;
(g) Home modifications;
(h) Adaptive and therapeutic equipment; and
(i) Facilitation by an independent and trained facilitator to develop and implement individualized life planning.
Effective: June 24, 2015
History: Amended 2015 Ky. Acts ch. 117, sec. 1, effective June 24, 2015. — Amended
2012 Ky. Acts ch. 146, sec. 95, effective July 12, 2012; and ch. 158, sec. 41, effective July 12, 2012. — Amended 2006 Ky. Acts ch. 81, sec. 1, effective July 12,
2006. — Created 1992 Ky. Acts ch. 261, sec. 1, effective July 14, 1992.
Legislative Research Commission Note (7/12/2012). This statute was amended by 2012
Ky. Acts chs. 146 and 158. Where these Acts are not in conflict, they have been codified together. Where a conflict exists, Acts ch. 146, which was last enacted by the General Assembly, prevails under KRS § 446.250.