660.250. Definitions.
Definitions.
660.250. As used in sections 660.250 to 660.321, the following termsmean:
(1) "Abuse", the infliction of physical, sexual, or emotional injuryor harm including financial exploitation by any person, firm orcorporation;
(2) "Court", the circuit court;
(3) "Department", the department of health and senior services;
(4) "Director", director of the department of health and seniorservices or his or her designees;
(5) "Eligible adult", a person sixty years of age or older who isunable to protect his or her own interests or adequately perform or obtainservices which are necessary to meet his or her essential human needs or anadult with a disability, as defined in section 660.053, between the ages ofeighteen and fifty-nine who is unable to protect his or her own interestsor adequately perform or obtain services which are necessary to meet his orher essential human needs;
(6) "Home health agency", the same meaning as such term is defined insection 197.400, RSMo;
(7) "Home health agency employee", a person employed by a home healthagency;
(8) "Home health patient", an eligible adult who is receivingservices through any home health agency;
(9) "In-home services client", an eligible adult who is receivingservices in his or her private residence through any in-home servicesprovider agency;
(10) "In-home services employee", a person employed by an in-homeservices provider agency;
(11) "In-home services provider agency", a business entity undercontract with the department or with a Medicaid participation agreement,which employs persons to deliver any kind of services provided for eligibleadults in their private homes;
(12) "Least restrictive environment", a physical setting whereprotective services for the eligible adult and accommodation is provided ina manner no more restrictive of an individual's personal liberty and nomore intrusive than necessary to achieve care and treatment objectives;
(13) "Likelihood of serious physical harm", one or more of thefollowing:
(a) A substantial risk that physical harm to an eligible adult willoccur because of his or her failure or inability to provide for his or heressential human needs as evidenced by acts or behavior which has causedsuch harm or which gives another person probable cause to believe that theeligible adult will sustain such harm;
(b) A substantial risk that physical harm will be inflicted by aneligible adult upon himself or herself, as evidenced by recent crediblethreats, acts, or behavior which has caused such harm or which placesanother person in reasonable fear that the eligible adult will sustain suchharm;
(c) A substantial risk that physical harm will be inflicted byanother upon an eligible adult as evidenced by recent acts or behaviorwhich has caused such harm or which gives another person probable cause tobelieve the eligible adult will sustain such harm;
(d) A substantial risk that further physical harm will occur to aneligible adult who has suffered physical injury, neglect, sexual oremotional abuse, or other maltreatment or wasting of his or her financialresources by another person;
(14) "Neglect", the failure to provide services to an eligible adultby any person, firm or corporation with a legal or contractual duty to doso, when such failure presents either an imminent danger to the health,safety, or welfare of the client or a substantial probability that death orserious physical harm would result;
(15) "Protective services", services provided by the state or othergovernmental or private organizations or individuals which are necessaryfor the eligible adult to meet his or her essential human needs.
(L. 1980 S.B. 576 § 1, A.L. 1987 S.B. 277, A.L. 1992 S.B. 573 & 634, A.L. 1994 H.B. 1335 & 1381, A.L. 2003 S.B. 556 & 311)