Terms Used In CFR > Title 42 > Chapter IV > Subchapter C > Part 441 > Subpart J
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Basis: This subpart implements section 1915(j) of the Act concerning the self-directed personal assistance services (PAS) option through a State Plan. See 42 CFR 441.450
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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.
- Individualized backup plan: means a written plan that meets all of the following:
(1) Is sufficiently individualized to address each participant's critical contingencies or incidents that would pose a risk of harm to the participant's health or welfare. See 42 CFR 441.450
- Legally liable relatives: means persons who have a duty under the provisions of State law to care for another person. See 42 CFR 441.450
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Oversight: Committee review of the activities of a Federal agency or program.
- Representative: has the meaning given the term by each State consistent with its laws, regulations, and policies. See 42 CFR 430.5
- Scope: A self-directed PAS option is designed to allow individuals, or their representatives, if applicable, to exercise decision-making authority in identifying, accessing, managing and purchasing their PAS. See 42 CFR 441.450
- Self-direction: means the opportunity for participants or their representatives to exercise choice and control over the budget, planning, and purchase of self-directed PAS, including the amount, duration, scope, provider, and location of service provision. See 42 CFR 441.450
- Service budget: means an amount of funds that is under the control and direction of a participant, or the participant's representative, if any, when the State has selected the State plan option for provision of self-directed PAS. See 42 CFR 441.450
- Service plan: means the written document that specifies the services and supports (regardless of funding source) that are to be furnished to meet the needs of a participant in the self-directed PAS option and to assist the participant to direct the PAS and to remain in the community. See 42 CFR 441.450
- Support system: means information, counseling, training, and assistance that support the participant (or the participant's family or representative, as appropriate) in identifying, accessing, managing, and directing their PAS and supports and in purchasing their PAS identified in the service plan and budget. See 42 CFR 441.450
- Supports broker or consultant: means an individual who supports participants in directing their PAS and service budgets. See 42 CFR 441.450