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L. Provider Emplovee: 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. $ 5042 and 45 CFR 1386(22)ft), or hereinafter <br />amended, reports prepared by any state staffor reports prepargd _bl_an a_gencp, charged with <br />investigaiing reports of incidbnts of abuse, neglect, injury, ol dqth that describe incidents of <br />abuse, iegleit, injory, or death occurring at a facility, investigative documents and discharge <br />planning lecords. -The term records -also includes DDD consumer abuse and neglect <br />iommitiee reports but does not include peer review death reports, attorney work product, <br />and records wtrictr are otherwise privileged under state or federal law. <br />N. Regular Progf,am Activity: includes work assignments, education progftlms, therapy, <br />health services, and daily living activities. <br />O. SOLA: means the DDD consumer support program, State Operated Living <br />Alternative. <br />m. <br />P. WPAS Client(s): <br />(l) Individuals with developmental disabilities who dq not have a guardian or <br />iegal representative and who indicate either orally or in writing to a WPAS <br />employee that they want WPAS to represent ttrem. <br />(2) Individuals with developmental disabilities without guardians who are <br />unable to communicate their wishes regarding protection and advocacy services <br />when W?AS has received a complaint of abuse and/or neglect about the individual <br />with a disability, or WPAS dctcrmincs that there is probable oawe to believe that the <br />individual with a developmental disabilify has been abused or neglected. <br />(3) Individuals with developmental disabilities who.have a guardian or legal <br />iepresentative where the guardian or legal representative has consented to the <br />representation in writing. <br />(4) Individuals with developmental disabilities ylos.e guardian . or legal <br />iepresentative fails or refuses to act on behalf of the individual with a developmental <br />diiability, despite being contacted by WPAS, after a court has determined that the <br />guardian has failed or refuses to act. <br />(5) A WPAS client does not include those instances where WPAS represents the <br />g;ardion. WPAS shall notifr the DDD Regional Aaq"ry.T*o. or .tfsignee in <br />itititrg that it represents the individual with developmeltal disabilities and forward a <br />copy 6f that notice to either the guardian or the individual with developmental <br />disabilities. <br />a WPAS Employees: includes paid employegs_an{ volunteer employees as identified <br />by WPAS. Each employee shall carry WPAS identification' <br />Access to Programs. <br />A. DDD wiU not obstruct WPAS access to programs when consistent with the law and <br />will ensure that SOLA and other progams staffed by DDD employees will comply with this <br />agreement. For programs which contract with DDD to provide services, DDD will not <br />3COMIV{UNITY ACCESS AGREEMENT