Code of Massachusetts Regulations › 940 CMR - OFFICE OF THE ATTORNEY GENERAL › Title 940 CMR 4.00 - Long Term Care Facilities › Section 4.01 - Definitions

Current through Register 1525, July 5, 2024
Additional Services
:
services provided by a long-term care facility that are not included in the
				basic
per diem
rate or are not included under Titles XVIII or
				XIX of the Social Security Act.
Administrator
:
the person
				charged with the general administration of a nursing home, rest home, or other
				long-term care facility, and his/her agents or employees, as further defined in
				105 CMR 150.000:
Licensing of Long Term Care Facilities
.
Clear and Conspicuous
				Type
:
shall mean printed typeface no smaller than 12 point
				print.
Emergency
:
a situation in
				which the resident's medical or psychological condition requires immediate
				medical attention or treatment; the existence of an emergency shall be
				determined by a physician, except that if a physician is not readily available,
				the existence of an emergency may be determined by the person on the premises
				of the long-term care facility who is in charge of the facility's medical or
				nursing services at the time that the situation giving rise to the emergency
				occurs or is about to occur.
Facility
:
a long-term
				care facility as defined in 940 CMR 4.01(9).
Legal Representative
:
shall mean, for any resident adjudged incompetent under the laws of the
				Commonwealth, the person duly appointed by a court of competent jurisdiction to
				act on the resident's behalf, and, for any resident who has not been adjudged
				incompetent by a state court, any legal-surrogate designated in accordance with
				state law.
Licensee
:
any person,
				corporation, or other entity holding at least a 10% ownership interest in a
				facility that is licensed by the Department of Public Health as a long-term
				care facility and his/her or its agents or employees.
Long-Term Care Facility
:
any institution or distinct part of an institution, whether conducted for
				charity or profit, which is advertised, announced or maintained for the express
				or implied purpose of providing three or more individuals admitted thereto with
				long-term resident, nursing or convalescent care, supervision and care incident
				to old age for ambulatory persons, or retirement home care for elderly persons;
				the term long-term care facility shall include but not be limited to
				residential care facilities, convalescent or rest homes, infirmaries maintained
				in towns, and charitable homes for the aged; an institution licensed by the
				Department of Public Health to provide chronic disease or rehabilitative
				services under M.G.L. c. 111, § 51 is not a "long term care facility"
				hereunder except, however, if and when any such institution provides or has
				provided chronic disease or rehabilitative care and services to one or more
				individuals for a period of 60 days or longer, such institution shall be deemed
				a
long term care facility
hereunder with respect only to such
				individual or individuals residing in it for 60 days or longer and only for the
				purpose of affording such individual or individuals the protections set forth
				in
				940 CMR 4.06(1),
				(3)(d), (4) through (6), (9), (10), (12) through
				(21); 4.07(1) through (3), (8), (9), (11),
				(12); 4.08(2) through (13), (15) through (17); and 4.09(6) through (8).
Private Facility
:
a
				long-term care facility that admits, or provides services to, only private or
				self paying residents and does not provide services pursuant to, or have any
				contract with Medicare, Medicaid, SSI, Veteran's Benefit or any other public
				benefit program.
Private Resident
:
a
				resident of a long-term care facility whose stay in the facility at any given
				time is not paid for, either in whole or in part, by public funds pursuant to
				the Social Security Act (Medicaid or Medicare), SSI, Veteran's Benefit, or any
				other public benefit program.
Resident
:
any individual
				or patient residing or receiving care in a long-term care facility; except,
				however, any individual or patient residing or receiving care in an institution
				licensed by the Department of Public Health under M.G.L. c. 111, § 51 to
				provide chronic disease or rehabilitative services for a period of 60 days or
				longer shall be deemed a "resident" and shall be entitled to the protections
				afforded by
				940 CMR 4.06(1),
				(3)(d), (4) through (6), (9), (10), (12)
				though (21); 4.07(1) through (3), (8), (9), (11), (12); 4.08(2) through (13),
				(15) through (17); and 4.09(6) through (8).
Social Security Act
:
Titles XVIII and XIX of the Social Security Act.
Third Party
:
shall mean a
				licensee or administrator, employee or agent of the licensee or administrator,
				next of kin, son, daughter, granddaughter, grandson, niece, nephew, social/case
				worker, or duly designated agent of the Department of Public Health, the
				Department of Mental Retardation, or the State Long-Term Care Ombudsman.
Treatment
:
any
				medication, drug, test or procedure conducted or administered for the purpose
				of diagnosing or treating a physical or mental illness or condition.
Written Acknowledgment
:
a
				signed statement by a resident or his/her legal representative, preserved in
				the resident's personal file, stating that he/she has received a copy of the
				documents required to be tendered to him/her; if a resident is unable or
				unwilling to sign his/her name, the licensee or administrator may satisfy the
				requirement of written acknowledgement by placing a written and dated statement
				in the resident's personal records which indicates receipt of the documents and
				the resident's ability or unwillingness to sign his/her name; such statement
				must be signed by the person who tendered the required documents to the
				resident and by a witness thereto and must include a detailed explanation of
				the resident's inability or unwillingness to sign his/her name.
Written Authorization
:
a
				written statement, signed by the resident or his/her legal representative, in
				which the resident authorizes the licensee or administrator, the resident's
				legal representative or a third party to perform certain specified acts on
				behalf of the resident; the authorization shall be dated and shall
				include:
(a) the specific act or acts authorized by the resident;
(b) the period of time that the resident authorizes the
				particular act or acts, if applicable; and
(c) the name of the person to whom certain records or other
				information is authorized to be made available; if the resident is unable to
				sign his/her name, a licensee or administrator or a third party may satisfy the
				requirements of a written authorization by submitting a dated statement that
				contains the information required by 940 CMR 4.01(18)(a) through (c); the
				statement must also include the name and signature of the person to whom the
				resident made the oral authorization and the name and signature of a person who
				has witnessed the resident's oral authorization.
Written Request
:
a
				statement signed by the resident or his/her legal representative that states
				that the resident requests one or more specified services for a certain period
				of time; such a statement must include the charge for each such service; if a
				legal representative is not available to sign the statement and if the resident
				is unable to sign his/her name, a licensee or administrator may satisfy the
				requirements for a written request by placing in the resident's personal
				records a written and dated statement, signed by both the person receiving the
				request for the service or services and a witness to that request, that
				states:
(a) the service or services requested by the resident;
(b) the charge for such service or services, if any;
(c) the period of time for which the resident has requested
				such service or services; and
(d) that the resident was unable to sign his/her name to
				request such service or services and that his/her legal representative was not
				available to sign the written request.