Code of Massachusetts Regulations › 101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES › Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program › Section 30.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 10 CMR 30.00, unless the context requires otherwise,
				these terms will have the following meanings.
Access
. The authority of an ombudsman
				representative to enter any facility to:
(1) perform the actions and duties of the Ombudsman Program as
				set forth in 101 CMR 30.00;
(2) meet with residents to obtain permission to conduct an
				investigation of a complaint;
(3) obtain the name and contact information of all resident
				representatives;
(4) review medical, social, and other relevant records with the
				consent of the resident or the resident representative; or
(5) with the consent and approval of the State Ombudsman,
				review medical, social, and other records of a resident who is unable to give
				informed consent and has no resident representative.
Area Agency on Aging (AAA)
. A public
				agency or nonprofit organization designated by the Executive Office of Elder
				Affairs (EOEA) in a planning and service area under the Older Americans Act,
				42 U.S.C.
				3025, which is responsible for developing and
				administering an area plan as defined under
				42
				U.S.C. 3026.
Case
. An inquiry brought to or
				initiated by the State Ombudsman or ombudsman representative on behalf of a
				resident or group of residents. A case includes the complaint, or multiple
				related complaints, the Ombudsman Program investigation, strategy for
				resolution, and related records.
Certification
. The process by which a
				person associated with a local ombudsman program, or the Statewide Long-term
				Care Ombudsman Program, who after completing the training and other criteria
				set forth in 101 CMR 30.09, now qualifies to be certified and designated by the
				State Ombudsman to be an ombudsman representative.
Complainant
. A resident, resident
				representative, or an individual, organization, or government agency, including
				the State Ombudsman or ombudsman representative, who files or initiates a
				complaint with the Ombudsman Program.
Complaint
. A concern brought to, or
				initiated by, the State Ombudsman or an ombudsman representative for
				investigation and action on behalf of one or more residents relating to the
				health, safety, welfare, rights, or quality of life of one or more residents,
				including the failure of a facility, organization, or government agency to
				comply with governing statutes or regulations.
Conflict of Interest
. A situation
				where an interest may intrude upon, interfere with, threaten to negate, or give
				the appearance of interfering with or undermining the impartiality of a person
				and their ability to act without compromise due to competing duties or
				obligations. A conflict of interest includes an individual or organizational
				conflict of interest as set forth in 101 CMR 30.16(1) and (2).
EOHHS
. The Executive Office of Health
				and Human Services established under M.G.L. c. 6A.
EOEA
. The Massachusetts Executive
				Office of Elder Affairs established under M.G.L. c. 19A.
Facility
. A long-term care facility
				subject to licensure by the Massachusetts Department of Public Health pursuant
				to M.G.L. c. 111, § 71 or
				42 U.S.C.
				3001
et seq
., or an assisted
				living residence certified by the Executive Office of Elder Affairs pursuant to
				M.G.L. c. 19D.
Facility Administrator
. A
				person:
(1) who is licensed under M.G.L. c. 112, §§ 108
				through 117 to administer, manage, supervise, or have general administrative
				charge of a long-term care facility, whether or not such individual has an
				ownership interest in such entity and whether his or her functions and duties
				are shared with one or more individuals, or a suitable and responsible person
				who administers, manages, supervises, or is in general administrative charge of
				a rest home as further defined in
				105 CMR 150.002:
Standards for Long-term Care Facilities;
or
(2) who has general administrative charge of an assisted living
				residence certified pursuant to M.G.L. c. 19D and
				651 CMR 12.00:
Certification Procedures and Standards for Assisted Living
				Residences.
Host Agency
. An agency designated by
				the State Ombudsman to house and support a local ombudsman program for a
				specific geographic area. Only an AAA, a public agency, or a nonprofit
				organization may be designated as a host agency.
Informed Consent
. The process of
				informing a resident of the risks and benefits associated with certain actions
				and decisions that results in the resident's authorization or agreement to
				proceed. For purposes of 101 CMR 30.00, informed consent should be confirmed in
				writing, including through the use of auxiliary aids and services as necessary.
				If written consent is not possible, consent may be obtained orally or visually,
				including through the use of auxiliary aids and services, provided such consent
				is documented contemporaneously.
Local Ombudsman Program
. A program
				operating in a designated host agency to carry out the functions of the
				Ombudsman Program for an assigned geographic area. A local ombudsman program
				comprises a local ombudsman program director and ombudsman representatives
				employed by or associated with the host agency and designated and certified by
				the State Ombudsman to act as ombudsman representatives in that geographic
				area.
Local Ombudsman Program Director (also known as a
				Local Program Director)
. An individual employed by or associated
				with a local ombudsman program as the director with the responsibility for the
				operation of a local ombudsman program and who is certified and designated as
				such by the State Ombudsman pursuant to M.G.L. c. 6A, § 16CC, and 101 CMR
				30.09(1).
Ombudsman Representative
. An employee
				or volunteer of the Ombudsman Program or a local ombudsman program, who has
				been certified and designated by the State Ombudsman to act as a representative
				of the Ombudsman Program.
Resident
. A person who is receiving
				treatment or care in a facility including, but not limited to, application or
				admission, retention, confinement, commitment, period of residence, transfer,
				discharge, and instances directly related to such status.
Resident Representative
.
(1) An individual chosen by the resident to act on the
				resident's behalf to support the resident in decision-making: access the
				resident's medical, social, or other personal information; manage financial
				matters; or receive notifications;
(2) A person authorized by state or federal law including, but
				not limited to, agents under power of attorney, health care proxy,
				representative payees, and other fiduciaries, to act on behalf of the resident
				in order to support the resident in decision-making: access the resident's
				medical, social, or other personal information; manage financial matters; or
				receive notifications;
(3) A legal representative, as used in section 712 of the Older
				Americans Act; or
(4) The court-appointed guardian or conservator of the
				resident.
(5) Nothing in this regulation is intended to expand the scope
				of authority of a resident representative beyond the authority specifically
				authorized by the resident, state or federal law, or a court of competent
				jurisdiction.
State Long-term Care Ombudsman (also referred to as
				State Ombudsman)
. An individual appointed by the Secretary of
				EOHHS pursuant to M.G.L. c. 6A, § 16CC(b) and in accordance with
				42 U.S.C.
				3001,
et seq
., to direct the
				Statewide Long-term Care Ombudsman Program.
Statewide Long-term Care Ombudsman Program (also
				referred to as the Ombudsman Program)
. The statewide ombudsman
				program established by EOHHS for the purpose of advocating on behalf of
				residents, operated separately and independently from EOHHS, and directed by
				the State Ombudsman pursuant to M.G.L. c. 6A, § 16CC, and in accordance
				with
				42 U.S.C.
				3001
et seq
. The State
				Ombudsman Program includes the local ombudsman programs.
Willful Interference
. The actions or
				inactions taken by an individual in an attempt to intentionally prevent,
				interfere with, or attempt to impede the State Ombudsman or an ombudsman
				representative from performing the functions or responsibilities of the
				Ombudsman Program.