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VIRGINIA STATUTES AND CODES

37.2-403 - Definitions.

§ 37.2-403. Definitions.

As used in this article, unless the context requires a different meaning:

"Brain injury" is any injury to the brain that occurs after birth, butbefore age 65, that is acquired through traumatic or non-traumatic insults.Non-traumatic insults may include, but are not limited to anoxia, hypoxia,aneurysm, toxic exposure, encephalopathy, surgical interventions, tumor andstroke. Brain injury does not include hereditary, congenital or degenerativebrain disorders, or injuries induced by birth trauma.

"Provider" means any person, entity, or organization, excluding an agencyof the federal government by whatever name or designation, that delivers (i)services to persons with mental illness, mental retardation, or substanceabuse, (ii) services to persons who receive day support, in-home support, orcrisis stabilization services funded through the Individual and FamiliesDevelopmental Disabilities Support Waiver, (iii) services to persons underthe Brain Injury Waiver, or (iv) residential services for persons with braininjury. The person, entity, or organization shall include a hospital asdefined in § 32.1-123, community services board, behavioral health authority,private provider, and any other similar or related person, entity, ororganization. It shall not include any individual practitioner who holds alicense issued by a health regulatory board of the Department of HealthProfessions or who is exempt from licensing pursuant to § 54.1-3501,54.1-3601, or 54.1-3701.

"Service or services" means:

1. Planned individualized interventions intended to reduce or amelioratemental illness, mental retardation, or substance abuse through care,treatment, training, habilitation, or other supports that are delivered by aprovider to individuals with mental illness, mental retardation, or substanceabuse. Services include outpatient services, intensive in-home services,opioid treatment services, inpatient psychiatric hospitalization, communitygero-psychiatric residential services, assertive community treatment, andother clinical services; day support, day treatment, partial hospitalization,psychosocial rehabilitation, and habilitation services; case managementservices; and supportive residential, special school, halfway house, andother residential services;

2. Day support, in-home support, and crisis stabilization services providedto individuals under the Individual and Families Developmental DisabilitiesSupport Waiver; and

3. Planned individualized interventions intended to reduce or ameliorate theeffects of brain injury through care, treatment, or other supports providedunder the Brain Injury Waiver or in residential services for persons withbrain injury.

(Code 1950, § 37-254; 1950, p. 935; 1960, c. 496; 1964, c. 54; 1968, c. 477,§ 37.1-179; 1971, Ex. Sess., c. 182; 1976, c. 671; 1977, cc. 89, 346; 1979,c. 54; 1980, c. 582; 2001, cc. 486, 506; 2002, c. 56; 2005, cc. 716, 718,725.)

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