Ohio Administrative Code › Title 173 - Department of Aging › Chapter 173-14 - State Long Term Care Ombudsman › Section 173-14-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
As used in this chapter:
"Action plan" means a plan that that a
				representative develops in conjunction with the consumer as part of the
				complaint-handling process. The plan includes strategies and actions for the
				representative to take and target dates for the representative to
				meet.
"Advocacy" means planning, preparing,
				and conducting community education programs, training events, and legislative
				and other public relations contacts; influencing the formation, implementation,
				and outcome of public policy affecting consumers; representing consumers, both
				individually and collectively, to effect a positive change.
"Affiliated" means being or having a
				parent, child, sibling, spouse, or household member who is a board member of, a
				consultant to, or has another relationship by which they may profit from a
				provider.
"Area agency on aging" (AAA) means an
				entity that ODA designates to be an AAA under rule
				173-2-04 of the Administrative
				Code.
"Business day" means any day that is
				not a Saturday, Sunday, or legal holiday defined in section
				1.14 of the Revised
				Code.
"Community-based long-term care
				services" has the same meaning as in section
				173.14 of the Revised
				Code.
"Complaint" means an expression of
				dissatisfaction or concern brought to, or identified by, the ombudsman
				program.
"Complaint case records" means
				confidential records that the office of the SLTCO keeps for complaints that the
				program handled.
"Complaint handling" means all the
				processes available to handle a complaint, including intake, screening, opening
				a case, assigning, investigating, attempting resolution, referring, performing
				follow-up activities, closing a case, and documenting and records
				retention.
"Complex complaint" means a complaint
				involving a greater depth of investigation, including research and multiple
				contacts with provider staff or consumers, and the development of an action
				plan as a part of opening a case.
"Consumer" means a resident of a
				long-term care facility or the recipient of community- based long-term care
				services. When appropriate, the term includes a prospective, previous, or
				deceased resident or recipient.
"Core ombudsman services" means
				complaint handling, providing general information, advocacy, public education,
				monitoring the implementation of laws, professional development for
				representatives of the office, establishing a presence in long-term care
				facilities with consumers and long-term care providers, managing volunteer
				resources, program supervision, and program administration.
"Direct supervision" means in-person
				instruction and observation followed by discussion of a representative's
				activity within five business days after the representative performed the
				activity.
"Follow-up activities" means the site
				visits, phone calls, letters, or interviews that a representative completes
				after investigating and attempting to resolve a complaint.
"General information" means researching
				and providing information on matters such as entitlement and public benefits
				programs, access to long-term care services, providing information to
				prospective consumers on the selection of long-term care services using
				verified and objective information, and referrals to other sources of
				assistance in those situations where a case is not being opened for complaint
				handling.
"Hour" means a period of sixty
				minutes.
"Immediate family member" means a
				member of the household or a relative with whom there is a close personal or
				significant financial relationship.
"Legal representative" means a
				court-appointed guardian, conservator, attorney-in-fact, or executor or
				administrator of the estate of a deceased consumer who can give consent or
				authorization in the matter.
"Long-term care facility" has the same
				meaning as in section
				173.14 of the Revised
				Code.
"Long-term care services" means
				services of a long-term care facility or community-based long-term care
				provider.
"ODA" means "the Ohio department of
				aging."
"ODIS" means "ombudsman documentation
				and information system for Ohio." or the system that replaces
				ODIS.
"Office" means the SLTCO, the SLTCO's
				staff and volunteers, and the staff and volunteers of designated regional
				long-term care ombudsman programs.
"Older Americans Act" means 42 U.S.C.
				Chapter 35.
"Ombudsman services" means core
				ombudsman services and optional ombudsman services.
"Optional ombudsman services" means any
				SLTCO-approved ombudsman service that is not a core ombudsman
				service.
"Personal care services" has the same
				meaning as in section
				3721.01 of the Revised
				Code.
"Provider" means a long-term care
				facility or community-based long-term care provider and any corporation,
				partnership, or person operating the long-term care facility or community-
				based long-term care provider.
"Recipient" has the same meaning as in
				section 173.14 of the Revised
				Code.
"Regional program," "regional long-term
				care ombudsman program," and "program" mean an entity, either public or private
				and nonprofit, that the SLTCO designates as a regional long-term care ombudsman
				program.
"Representative of the office of the
				state long-term care ombudsman," "representative of the office," and
				"representative," mean one of the categories of ombudsman in rule
				173-14-03 of the Administrative
				Code.
"Resident" has the same meaning as in
				section 173.14 of the Revised
				Code
"Resolved" means the status of a
				complaint after the state office or regional program addresses it to the
				satisfaction of the consumer or complainant.
"SLTCO" means the state long-term care
				ombudsman and, depending on the immediate context, includes state-office staff
				and volunteers with SLTCO-delegated responsibilities.
"Sponsor" means an adult relative,
				friend, or guardian who has an interest in or responsibility for the welfare of
				the consumer, but is not a representative performing ombudsman services for the
				consumer. A sponsor is identified by a representative's reasonable effort to
				identify a sponsor chosen by the consumer.
"Sponsoring agency" means the agency or
				organization that houses the state office or regional program.
"State office" means the SLTCO and
				those staff members and volunteers of the SLTCO's office at ODA.
"Verified" means the status of a
				complaint after the work (i.e., interviews, record review, observations, etc.)
				of the state office or regional program determines that the circumstances
				described in the complaints are mostly or generally accurate.
Replaces: 173-14-01