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L. Provider Em to ee: includes those individuals who are employed by a provider or <br />who volunteer for a provider to provide services to individuals with developmental <br />disabilities. <br />M. Records: as defined in 42 U.S.C. § 6042 and 45 CFR 1386(22)(b), or hereinafter <br />amended, reports prepared by any state staff or reports prepared by an agency charged with <br />investigating reports of incidents of abuse, neglect, injury, or death that describe incidents of <br />abuse, neglect, injury, or death occurring at a facility, investigative documents and discharge <br />planning records. The term records also includes DDD consumer abuse and neglect <br />committee reports but does not include peer review death reports, attorney work product, <br />and records which are otherwise privileged under state or federal law. <br />N. Regglar Program Activity: includes work assignments, education programs, therapy, <br />health services, and daily living activities. <br />O. SOLA: means the DDD consumer support program, State Operated Living <br />Alternative. <br />P. WAS Clients : <br />(1) Individuals with developmental disabilities who do not have a guardian or <br />legal representative and who indicate either orally or in writing to a WAS <br />employee that they want WAS to represent them. <br />(2) Individuals with developmental disabilities without guardians who are <br />unable to communicate their wishes regarding protection and advocacy services <br />when WAS has received a complaint of abuse and/or neglect about the individual <br />with a disability, or WAS dctcrmincs that there is probable cause to believe that the <br />individual with a developmental disability has been abused or neglected. <br />(3) Individuals with developmental disabilities who have a guardian or legal <br />representative where the guardian or legal representative has consented to the <br />representation in writing. <br />(4) Individuals with developmental disabilities whose guardian or legal <br />representative fails or refuses to act on behalf of the individual with a developmental <br />disability, despite being contacted by WPAS, after a court has determined that the <br />guardian has failed or refuses to act. <br />(5) A WAS client does not include those instances where WAS represents the <br />guardian. WAS shall notify the DDD Regional Administrator or designee in <br />writing that it represents the individual with developmental disabilities and forward a <br />copy of that notice to either the guardian or the individual with developmental <br />disabilities. <br />Q. WAS Employees: includes paid employees and volunteer employees as identified <br />by WPAS. Each employee shall cant' WAS identification. <br />III. Access to Programs. <br />A. DDD will not obstruct WAS access to programs when consistent with the law and <br />will ensure that SOLA and other programs staffed by DDD employees will comply with this <br />agreement. For programs which contract with DDD to provide services, DDD will not <br />COMMUNITY ACCESS AGREEMENT <br />