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III. <br />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. S 5042 and 45 CFR 1386(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, rnjury, 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. Regular Program Activity: includes work assignments, education programs, therapy, <br />health services, and daily living activities. <br />O. SOLA: means the DDD consumer support progrcm, State Operated Living <br />Alternative. <br />P. WPAS Client(S): <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 WPAS <br />employee that they want WPAS to represent them. <br />(2) Individuals with developmental disabilities without gumdians 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 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 lega! <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 WPAS client does not include those instances where WPAS represents the <br />guardion. WPAS shall notifr the DDD Regional Administrator or designee in <br />uniting 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 />a. WPAS Employees: includes paid employees and volunteer employees as identified <br />by WPAS. Each employee shall carry WPAS identification. <br />Access to Programs. <br />A. DDD will not obstruct WPAS access to prograrns when consistent with the law and <br />will enswe 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 />3COMMUNITY ACCESS AGREEMENT