09 March 2012

Acronyms, Etc.

Acronyms

Disability, Medicaid and HHS... 

ACH = Adult Care Home
ADA = Americans with Disabilities Act
ADL = Activities of Daily Living (i.e. eating, bathing, walking...)
APS = Adult Protective Services
CAP = Community Alternative Program
CAP-DA = Community Alternatives Program for Disabled Adults
CD = Certain Disabled
CD-SA = Certain Disabled - Special Assistance
CHS = Community Health Services 
CIP = Crisis Intervention Program
CPI = Continuous Period of Institutionalization
CMS = Centers for Medicare & Medicaid Services (formerly HCFA)
CNR = Continued Needs Review
CPS = Child Protective Services
DA = Disabled Adult
DAC = Disabled Adult Child
DD = Developmentally Disabled
DDS = Disability Determination Services
DEC = Developmental Evaluation Center
DHHS = Department of Health & Human Services
DMA = Division of Medical Assistance
DME = Durable Medical Equipment
DSS = Department of Social Services (County)
DSS = Division of Social Services (State)
EPSDT = Early and Periodic Screening, Diagnosis, and Treatment
HCWD = Health Coverage for Workers with Disabilities
HCS = Home and Community Supports
HHS = Health and Human Services (US)
HIPAA = Health Insurance Portability and Accountability Act
ICF = Intermediate Care Facility
ICF-MR = Intermediate Care Facility - Mental Retardation
IADL = Instrumental Activities of Daily Living (i.e. obtaining food, cooking, washing, clothes, managing medication...)
ICFMR = Intermediate Care Facility for MR/DD
I/DD = Intellectually / Developmentally Disabled
IMD = Institution for Mental Disease
IPV = Intentional Program Violation
LME = Local Management Entity
LTC = Long Term Care
M-AA = Medical Assistance to the Aged
M-AB = Medical Assistance to the Blind
M-AD = Medical Assistance to the Disabled
MFP = Money Follows the Person
MH = Mental Health
MID = Medicaid Identification Number
MMIS = Medicaid Management Information System
MN = Medically Needy
MPR = Medicaid Program Representative
MR = Mentally Retarded
MR-2 = Level of Care Designation Form for Mentally Retarded
MR/DD = Mentally Retarded / Developmentally Disabled
MRR = Medicaid Reimbursement Rate
MSW = Master of Social Work
NF = Nursing Facility (e.g. nursing home)
PBH = Piedmont Behavioral Health
PCP = Personal Care Provider
PCS = Personal Care Services
PDN = Private Duty Nursing
PLA = Private Living Arrangement
PNA = Personal Needs Allowance
PRTF = Psychiatric Residential Treatment Facility
QDWI = Qualified Working Disabled Individual (same as M-WD)
QI = Qualifying Individuals
QI1 = Qualifying Individuals 1 (same as MQB-E)
QMB = Qualified Medicare Beneficiaries (same as MQB-Q)
SA =Special Assistance
SA = Substance Abuse
S-AA = Special Assistance for the Aged
S-AB = Special Assistance for the Blind
S-AD = Special Assistance for the Disabled
SA-IH = Special Assistance In Home Demonstration Project
SAS = Substance Abuse Services
SBHF = State Boarding Home Funds
S/C SA = State/County Special Assistance for Adults
S-CD = Special Assistance for the Certain Disabled
SCU = Special Care Units in Adult Care Homes
SIS = Supports Intensity Scale
SNF = Skilled Nursing Facility
SNAP = Support Needs Assessment Profile
SPA = State Plan Amendment
SSA = Social Security Administration
SSI = Supplemental Security Income
SW = Social Worker
TMA = Transitional Medicaid
UMN = Unmet Medical Needs
VR = Vocational Rehabilitation


Law and Legal...

ADA = Americans with Disabilities Act
ALJ = Administrative Law Judge
AMND = Amended Complaint
AOC = Administrative Office of the Courts
ATTY = Attorney
CFR = Code of Federal Regulations
CNFJ = Confession of Judgment
COC = Clerk of Court
COMP = Complaint
CSC = Clerk of Superior Court
DISM = Dismiss / Dismissal
DOJ = Department of Justice
GAL = Guardian ad Litem
GS = General Statutes
NCAC = North Carolina Administrative Code
NCGC = North Carolina General Code
NCGS = North Carolina General Statutes
PL = Public Law
SSA = Social Security Act
ROD = Registrar of Deeds
USC = United States Code

Legal Terminology
As explained by the North Carolina Court System.


Alternative Dispute Resolution - working with a mediator who helps two parties in dispute resolve their differences mutually, or with an arbitrator who listens to the parties and makes a non-binding decision. Both of these approaches take place outside the formal court process, and that frees up valuable court resources.

Answer - the defendant's response to the plaintiff's complaint. The answer admits or denies the claims in the plaintiff's complaint. 

Appeal - a legal action which seeks review by a court of a lower court decision.

Appellant - the side that lost in the trial court and has filed an appeal. Sometimes called the petitioner.

Appellee - generally, the side that won in the trial court, and whose victory is being appealed by the losing side. Sometimes called the respondent.

Burden of Proof - the duty to prove disputed facts. In criminal cases, the burden rests on the prosecutors. In civil cases, the burden most often is carried by the plaintiff.

Civil - not criminal. In a civil action, one person or entity is suing another, usually for money damages.

Clerks of Court - the clerks of Superior Court in each county of the state exercise the judicial power of the state in the probate of wills, administration of estates, and the handling of special proceedings such as adoptions and foreclosures. Clerks also keep the county court records. They are elected to four-year terms.

Complaint - the document which, when filed with the court, initiates a lawsuit. It sets forth the plaintiff's claims against the defendant.

Continuance - the postponement of an action pending in court to another date.

Court of Appeals - 15 judges, elected statewide, make up this intermediate appellate court. Judges sit in rotating panels of three, and they hear appeals from the trial courts in all civil cases and all criminal cases except death penalty cases, and also hear appeals from certain state administrative agencies. Voters elect the judges in statewide, partisan elections for eight-year terms.

Court Reporters - court personnel who record trial proceedings word-for-word. Reporters who use a stenotype machine must be able to write at least 225 spoken words per minute. Those who use a stenomask must be able to record 250 words a minute. If the case is appealed, the verbatim record must be transcribed promptly for the appellate court.

Damages - money awarded for an injury or loss due to the unlawful act or negligence of another.

De Facto - Latin, meaning in fact or actually.

Defendant - a person accused of a crime or a person being sued in a civil action.

De Jure - Latin meaning in law or lawfully.

Dismissal with Prejudice - prevents an identical lawsuit from being filed later.

Dismissal without Prejudice
- allows a later filing.

District Court - in civil cases, judges hear cases for all actions involving $10,000 or less. District Court also has preliminary jurisdiction over felony cases and over the trial of all misdemeanors and infractions. This court also has exclusive jurisdiction over all juvenile proceedings, mental health hospital commitments and domestic relations cases. The state has 235 District Court judges who are elected by the voters for a four-year term and serve in 39 districts.

Drug Treatment Courts - a court-based intervention program to ensure that chemically dependent offenders receive appropriate treatment and are held strictly accountable for their behavior. Offenders participate for a minimum of one year, appearing before a judge twice a month to report on their progress or setbacks. If the offender does not comply with the strict terms of the program, the judge may order jail time.

Evidence - documents, objects or testimony admitted in a trial to prove certain facts.

Foreign Language Interpreter Project - using grant funding, the Foreign Language Interpreter Project is certifying interpreters for the courts. Interpreters are trained to translate for the court word for word what a non-English speaking person is saying, not what the interpreter thinks the person is trying to say. This project sponsors seminars on the subject, looking for potential court interpreters. It also trains and certifies court interpreters.

Guardian ad Litem - a person appointed by the court to represent the interest of a minor or incompetent during the litigation.

Guardian ad Litem Program - when a child is thrust into the legal system because of abuse, neglect or dependency, a trained GAL volunteer researches the child's home and community situation. That volunteer acts as the child's advocate in court, giving a judge information on the child's situation and making recommendations for the child's best interests including a safe, permanent home. More than 3,600 volunteers represent 12,000 children in every county across the state.

Hung Jury - one whose members cannot reach a verdict because of differences of opinion.

In Camera - in a judge's chambers, outside the presence of a jury and the public.

Injunction - a court order preventing one or more specific parties from taking some action. A preliminary injunction often is issued to allow fact-finding so a judge can determine whether a permanent injunction is justified.

Judge or Justice - a public official who hears and decides cases brought before a court of law. North Carolina has seven justices on the Supreme Court, 15 judges on the Court of Appeals, 105 Superior Court judges, and 235 District Court judges.

Judgment - the decision of a judge or jury resolving a dispute and determining the rights and obligations of the parties.

Judicial Branch - one of the three co-equal branches of government. The Legislative Branch enacts laws, the Executive Branch enforces laws, and the Judicial Branch interprets and applies laws in specific cases.

Jurisdiction - the power and authority of the court to hear certain cases. For example, the jurisdiction for divorce cases is in civil court.

Lien - a legal claim usually against a piece of land for payment of some debt, obligation, or duty. Some forms of liens are tax liens and materialman's liens.

Litigation - a controversy in a court.

Mediated Settlement Conferences - a statewide program dealing with civil Superior Court cases. When parties are in litigation, a mediator helps them arrive at mutually agreeable solutions. The state has nearly 900 certified mediators who conduct mediated settlement conferences. More than half of the cases are settled in this way.

Moot - not subject to a court ruling because the controversy has not actually arisen, or has ended.

Motion - A document filed with the court seeking to obtain a ruling or order from the court that is favorable to the party filing a motion.

Notice - a formal, written announcement communicating scheduling information or other information about a case. The original notice is filed with the clerk of Superior Court and copies are mailed or hand-delivered to parties to the litigation.

Party - the plaintiff or defendant in a case. The plaintiff is the party who files the lawsuit and the defendant is the party who is being sued.

Plaintiff
- the one who initially brings a suit.

Preliminary Hearings - held to determine if there is sufficient evidence to hold a trial.

Preponderance of Evidence - evidence as a whole which shows the fact is more likely than not.

Reasonable Doubt - doubt based on reason, arising from evidence or lack of evidence.

Statute of Limitations - the time within which a lawsuit must be filed. The deadline can vary, depending on the type of lawsuit.

Supreme Court - the seven-member Supreme Court is the state's highest court. Justices decide questions of law in civil and criminal cases on appeal. The Supreme Court has the power to control and supervise the proceedings of other courts and has the authority to set court schedules and promulgate rules of practice and procedure for the trial courts. Voters elect the chief justice and the six associate justices of the Supreme Court for eight-year terms.

Tort - A civil, not criminal, wrong. An injury against a person or property.

Trial Court Administrators - North Carolina has 13 trial court administrators serving in 14 of the state's 46 Superior Court districts. They assist in managing the day-to-day administrative operations of the trial courts, including civil case calendaring, jury use, and maintaining local court rules.

Venue - The particular county in which the court with jurisdiction may hear the case for example, a divorce action is filed in civil court in the county where either the plaintiff or defendant resides).

Voir Dire - Jury selection process of questioning prospective jurors.