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M. Records: as defined in 42 U.S.C. $ 6042 and 45 CFR 1385(22)(b), or hereinafter <br />amended, reports prepared by any state staffor reports prepared by an agency charged with <br />investigating reports of incidents of abuse, neglect, injury, or death that describe incidents of <br />abuse. neglett, *jrrry, or death occurring at a facility, investigative documents and discharge <br />planning records. The term records also includes DDD consumei 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. Regulaf Program Activity: includes work assignments, education programs, therapy, <br />health services, and daily living activities. <br />L. Provider Employee: includes those indMduals who are employed by a provider or <br />who volunteer for a provider to provide services to individuals with developmental <br />disabilities. <br />O. SOLA: means the DDD consumer support progmm, State Operated Living <br />Altemative. <br />WPAS Client(S): <br />(l) Individuals with developmental disabilities who do not have a guardian or <br />legal representative and who indicate either orally or in writing to a WPAS <br />employee that they want WPAS to represent them. <br />@ Individuals with developmental disabilities without guardians who are <br />unable to communicate their wishes regarding protection and advocacy services <br />when WPAS has received a complaint of abuse and/or neglect about the individual <br />with a disability, or WPAS dctcrmines that there is probable cause to believe thst 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 />representafion m wntmg. <br />(4) Individuals with developmental disabilities whose guardlan or lega! <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 ttle <br />guardian. WPAS shall notiff the DDD Regional Administrator or designee in <br />vniting 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 />P <br />a. WPAS Emoloyees: <br />by WPAS. Each employee <br />includes paid employees and volunteer employees as identified <br />shall carry WPAS identification. <br />III.Access to Programs. <br />A. DDD will not obstruct WPAS 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 conhact with DDD to provide services, DDD will not <br />JCOMMUNITY ACCESS AGREEMENT