SECTION 330:45-1-2. Definitions  


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  •   The following words or terms, when used in these Chapter 45 Rules, shall have the following meaning unless the context clearly indicates otherwise:
    "Acquired immunodeficiency syndrome (AIDS) or related diseases" means the disease of acquired immunodeficiency syndrome or any condition arising from the etiologic agent for acquired immunodeficiency syndrome, including infection with the human immunodeficiency virus (HIV).
    "AIDS" means acquired immunodeficiency syndrome.
    "AOHA" means AIDS Housing Opportunity Act, as amended by the Housing and Community Development Act of 1992 (Pub. L. 102-550, approved October 28, 1992).
    "APA" means the Administrative Procedures Act, 75 O.S. §250, et seq.
    "Applicant" means the Authorized Agency(ies) submitting an Application.
    "Application" means the information required and forms to be utilized in applying for funding under the State HOPWA Program. The Applications must be in the form and contain the information prescribed by Central Purchasing through the RFP. Upon approval of an Application by the Evaluation Committee, Central Purchasing and the Trustees, the Application will constitute a binding contract between the Applicant and OHFA.
    "Authorized Agencies" means the State, agencies of the State, municipalities, local governmental agencies and private nonprofit agencies of the State qualified under the AOHA to receive assistance from OHFA through the HOPWA Program.
    "Beneficiary" means the family or person Living with HIV Disease that eventually receives assistance under the State HOPWA Program.
    "Central Purchasing" means the State Department of Central Services, Central Purchasing Division.
    "Chapter 45 Rules" means Chapter 45 Housing Opportunity for Persons with AIDS Program.
    "Comprehensive Case Management" means:
    (A)   the assessment of the needs of an individual or family;
    (B)   the development and implementation of an employability plan for the individual that accounts for family circumstances;
    (C)   the coordination and monitoring of service delivery;
    (D)   the evaluation of service effectiveness; and
    (E)   the reassessment of the needs of the individual or the family.
    "Contractor" means the entity which contracts with OHFA to provide HOPWA services in the 405 and/or 918 area codes.
    "Direct Care" means those services that enhance the quality and/or quantity of life for those individuals and/or families Living With HIV Disease.
    "Eastern Oklahoma" means that portion of the State with the 918 area code as of the date of issuance of the RFP.
    "Evaluation Committee" means the informal committee which will review Applications and make recommendations concerning the Applicants to Central Purchasing and the Trustees. The Evaluation Committee shall initially be made up of a representative of OHFA, the State Department of Mental Health, the Department of Human Services and the State Department of Health. Additionally, the AIDS Coordination and Information Services, a branch of the Department of Human Services, may appoint one self disclosed person living with HIV or Aids as an advisory, non-voting member from Eastern Oklahoma and from Western Oklahoma.
    "Federal HOPWA Program" means 24 CFR part 574–Housing Opportunities for Persons with AIDS, as may be amended from time to time.
    "Grant" means an approved allocation to a Recipient of a portion of the funds available under the State HOPWA Program.
    "HIV" means human immunodeficiency virus.
    "Homeless individual" means a homeless HIV/AIDS individual as defined by 74 O.S. §2900.1(A)(2).
    "HUD" means the United States Department of Housing and Urban Development.
    "Living With HIV Disease" means when an individual has contracted HIV (tests positive for HIV antibodies). This term includes persons with AIDS.
    "Low-income" means when an individual has a yearly, or monthly, documented gross income of not more than 150% of the current poverty guidelines adopted by and published from time to time by the Federal government, after out of pocket documented medical expenses are deducted from the yearly, or monthly, gross income.
    "Nonprofit Organization" means a secular or religious organization, no part of the net earnings of which may inure to the benefit of any member, founder, contributor, or individual. The organization must:
    (A)   Have a voluntary board organized pursuant to State or local laws;
    (B)   Either:
    (i)   Have a functioning accounting system that is operated in accordance with generally accepted accounting principles; or
    (ii)   Designate an entity that will maintain a functioning accounting system for the organization in accordance with generally accepted accounting principles;
    (C)   Practice nondiscrimination in the provision of assistance under the HOPWA Program; and
    (D)   Have among its purposes significant activities related to providing services or housing to persons with AIDS or related diseases.
    "OHFA" means Oklahoma Housing Finance Agency.
    "OSDH" means the Oklahoma State Department of Health.
    "Project Area" means either Western Oklahoma or Eastern Oklahoma, as herein defined.
    "Recipient" means the Authorized Agency(ies) approved by OHFA for funding under the State HOPWA Program and which executes a contract with OHFA.
    "Rehabilitation" means labor, materials, tools and other costs of improving structures to a level that meets or exceeds applicable State and local government health and safety standards. Rehabilitation does not include minor or routine repairs or cosmetic repairs or improvements.
    "RFP" means that one certain request for proposals for the State HOPWA Program issued by OHFA on October 31, 1994, and approved by Central Purchasing.
    "State" means the State of Oklahoma.
    "State HOPWA Program" means the HOPWA Program operated within the State of Oklahoma which is governed by the terms and requirements of the Federal HOPWA Program, the RFP and these Chapter 45 Rules.
    "Trustees" means the Board of Trustees of OHFA.
    "Western Oklahoma" means that portion of the State with the 405 area code as of the date of issuance of the RFP.
[Source: Added at 12 Ok Reg 755, eff 1-5-95 (emergency); Added at 12 Ok Reg 2793, eff 7-15-95]