Sec. 501. Definitions
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In this Act: The term ABLE account has the meaning given such term in section 529A(e)(6) of the Internal Revenue Code of 1986. The term competitive integrated employment has the meaning given the term in section 7(5) of the Rehabilitation Act of 1973 ( 29 U.S.C. 705(5) ). The term disability includes any intellectual, developmental, mental health, or other disability. Except as provided in subparagraph (B), the terms integrated community participation and wraparound services or integrated services mean services for individuals with disabilities that are— designed to assist such individuals in developing skills and abilities to reside successfully in home and community-based settings; provided in accordance with a person-centered written plan of care; created using evidence-based practices that lead to such individuals— maintaining competitive integrated employment; achieving independent living; or maximizing socioeconomic self-sufficiency, optimal independence, and full participation in the community; provided in a community location that is not specifically intended for individuals with disabilities; provided in a location that— allows the individuals receiving the services to interact with individuals without disabilities to the fullest extent possible; and makes it possible for the individuals receiving the services to access community resources that are not specifically intended for individuals with disabilities and to have the same opportunities to participate in the community as individuals who do not have a disability; provided in multiple locations to allow the individual receiving the services to have options, thereby— optimizing individual initiative, autonomy, and independence; and facilitating choice regarding services and supports, and choice regarding the provider of such services; and in compliance with the Home and Community-Based Services
(HCBS)final rule published on January 16, 2014 (79 Fed. Reg. 2948), or a successor rule. The terms integrated community participation and wraparound services or integrated services shall not include a service provided in any of the following settings: A nursing facility. An institution for individuals with mental diseases. An intermediate care facility for individuals with intellectual disabilities. A congregate setting in which an individual does not have the ability, at the time preferred by the individual and in accordance with other preferences of the individual, to access services supporting the full inclusion and engagement of the individual in the greater community. The terms local board and local plan have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). The term Olmstead decision means the decision of the Supreme Court of the United States in Olmstead v. L.C., 527 U.S. 581 (1999). The term Olmstead plan , with respect to a State, means the plan of the State for complying with the holding in the Olmstead decision. The term individuals with disabilities includes individuals described in section 14(c)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c)(1) ). The term Secretary means the Secretary of Labor. The term special certificate means a special certificate issued under section 14(c) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 214(c) ). The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and the territory of Guam. The term State board has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act. The term workforce development system has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act.
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- 79 FR 2948
- 527 U.S. 581
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