North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-03 - Community Services › Chapter 75-03-25 - Ombudsman Program › Section 75-03-25-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter:
1. "Administrative action" means an act,
				decision, or a failure to act or to make a decision by an owner, employee, or
				agent of a long-term care facility or by a public agency that affects the
				provision of services to a resident.
2. "Basic care facility" means any residence,
				not licensed under North Dakota Century Code chapter 23-16 by the state
				department of health, that provides room and board to five or more individuals
				who are not related by blood or marriage to the owner or manager of the
				residence and who, because of impaired capacity for independent living, require
				health, social, or personal care services, but do not require regular
				twenty-four-hour medical or nursing services.
3. "Complaint" means a written or verbal
				statement of alleged violation of a statute, rule, regulation, or policy, or
				other alleged wrongful act or omission related to health, safety, welfare,
				personal, or civil rights of a long-term care resident.
4. "Department" means the department of human
				services.
5. "Immediate family"
				means a member of the household or a relative with whom there is a close
				personal or significant financial relationship.
6. "Legal representative" means the long-term
				care resident's legal counsel, an individual who possesses the resident's
				unlimited power of attorney or power of attorney that specifically includes the
				authority to release confidential information, a guardian with unlimited power,
				or a guardian or conservator whose grant of authority specifically includes the
				authority to release confidential information.
7. "Long-term care facility" means a facility
				defined in North Dakota Century Code chapter 50-10.1, as any skilled nursing
				facility, intermediate care facility, basic care facility, nursing home as
				defined in subsection 3 of North Dakota Century Code section
				43-34-01, boardinghouse, or swing
				bed hospital approved to furnish long-term care services; provided, that a
				facility, as defined by subsection 2 of North Dakota Century Code section
				25-01.2-01, providing services to
				developmentally disabled persons is not a long-term care facility.
8. "Medical record" means a record maintained
				by a long-term care facility relating to the medical and physical condition,
				care, and treatment of a particular long-term care resident. The medical record
				includes social and other information as required by the facility and the
				resident.
9. "Reasonable access"
				means the ombudsman's right to access a long-term care facility, a long-term
				care resident, or a long-term care resident's records, based on the ombudsman's
				need to know information in the provision of services.
10. "Resident" means an individual residing
				in and receiving personal care from a long-term care facility.
11. "Volunteer ombudsman" means an individual
				appointed by the department as an ombudsman on the community level as opposed
				to the local or state level.
General Authority:
NDCC
					 50-10.1-03(8);
					 42 U.S.C.
					 3011, et seq.
Law Implemented:
NDCC
					 50-10.1-03(8)