Oklahoma Administrative Code › Title 340 - Department of Human Services › Chapter 105 - Aging Services › Subchapter 11 - State Long-Term Care Ombudsman Program › Part 37 - STATE LONG-TERM CARE OMBUDSMAN PROGRAM › Section 340:105-11-231 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used in this Subchapter
					 shall have the following meaning unless the context clearly indicates
					 otherwise:
"Assistant Secretary"
means the Assistant
					 Secretary for Aging; the administrative head of the Administration on Aging of
					 the United States Department of Health and Human Services.
"Business day"
means a consecutive eight-hour
					 period of time when the Office of the State Long-Term Care Ombudsman (Office)
					 is open for business.
"Confidential information"
means all
					 information that relates to specific individuals who live in long-term care
					 facilities, complainants, and other informants including, but not limited to,
					 names, identifying information, and all problem and complaint
					 documentation.
"Deputy state long-term care ombudsman"
or
"deputy ombudsman"
an individual employed by the Office to
					 assist with management and operations and supervised by the State Long-Term
					 Care Ombudsman (Ombudsman).
"Designated entity"
means an agency, not-for
					 profit business, or organization that the Ombudsman has designated in writing
					 to host Office representatives.
"Designation"
means the appointment of an
					 agency, individual, or both, as the official Office representative.
"Immediate family"
means a member of the
					 household or a relative with whom there is a close personal or significant
					 financial relationship.
"Leave of absence"
means an ombudsman
					 volunteer's excused absence from official duties not to exceed three
					 months.
"Long-term care facility"
means any nursing
					 facility, specialized facility, residential care home, or assisted living
					 center per Sections
					 1-820,
					 1-890.2,
					 and
					 1-1902 of
					 Title 63 of the Oklahoma Statutes (O.S. 63 §§ 1-820, 1-890.2, and
					 1-1902).
(A)
"Nursing facility"
means a home,
					 establishment, or institution primarily engaged in providing:
(i) skilled nursing care and related services for residents
					 ;
(ii) rehabilitation services; or
(iii) on a regular basis, health-related care and services
					 to individuals who because of mental or physical conditions require care and
					 services beyond the level of care provided by a residential care home per 63
					 O.S. §
										1-1902(9).
(B)
"Residential care home"
means any
					 establishment or institution other than an adult companion home, group home,
					 hotel, motel, fraternity or sorority house, or college or university dormitory
					 that offers, provides, or supports residential accommodations, food service,
					 and supportive assistance to any of its residents; or houses any resident
					 requiring supportive assistance who is not related to the owner or
					 administrator of the home by blood or marriage. The resident must be ambulatory
					 and essentially capable of participating in his or her own activities of daily
					 living, and not routinely requiring nursing services per 63 O.S. §
					 1-820.12.
(C)
"Specialized facility"
means any home,
					 establishment, or institution that offers or provides inpatient long-term care
					 services on a 24 - hour basis to a limited category of persons requiring such
					 services including, but not limited to, a facility providing health or
					 habilitation services for persons who are living with intellectual or
					 developmental disabilities per 63 O.S. §
										1-1902(11).
(D)
"Assisted living center"
means any home or
					 establishment offering, coordinating, or providing services to two or more
					 persons who:
(i) are domiciled therein;
(ii) are unrelated to the operator;
(iii) by choice or because of functional impairments, need
					 assistance with personal care or nursing supervision;
(iv) may need intermittent or unscheduled nursing
					 care;
(v) may need medication assistance; and /or
(vi) may need assistance with transfer, ambulation, or both
					 per 63 O.S. §
										1-890.2.
"Long-term care ombudsman"
means a person who
					 receives and resolves complaints made by or on behalf of residents of long-term
					 care facilities and is trained and designated as an official representative by
					 the Office.
"Office of the State Long-Term Care Ombudsman
					 (Office)"
means the office created within the Oklahoma Department of
					 Human Services (DHS) that carries out the Long-Term Care Ombudsman Program per
					 the Older Americans Act (OAA) of 1965, as Amended, and per federal regulations
					 under the auspices and general direction of the state long-term care
					 ombudsman.
"Planning and Service Area (PSA)"
means a
					 geographic area specified by DHS per Section 305(a)(1)(E) of the Older
					 Americans Act (OAA) of 1965, as Amended for purposes of planning for and
					 serving the needs of individuals 60 years of age and above.
"Representative"
means the employee or
					 volunteer designated by the Ombudsman to fulfill duties per Oklahoma
					 Administrative Code (OAC)
					 340:105-11-234,
					 whether personnel supervision is provided by the Ombudsman or designees or by
					 an agency hosting a local ombudsman entity designated by the Ombudsman per OAC
					 340:105-11-234.
"Resident representative"
means:
(A) an individual chosen by the resident to act on his or
					 her behalf in order to support the resident in decision-making; accessing the
					 resident's:
(i) medical, social, or other personal information;
(ii) managing financial matters; or
(iii) receiving notifications;
(B) a person authorized by state or federal law including,
					 but not limited to, agents under power of attorney, representative payees, and
					 other fiduciaries to act on the resident's behalf in order to support him or
					 her in:
(i) decision-making;
(ii) accessing the resident's medical, social, or other
					 personal information; and/or
(iii) managing financial matters; or receiving
					 notifications;
(C) a legal representative as used in Section 712 of the
					 OAA; or
(D) the resident's court-appointed guardian or conservator.
					 This definition is not intended to expand the authority of any resident
					 representative beyond that specifically authorized by the resident, state or
					 federal law, or a court of competent jurisdiction.
"State long-term care ombudsman"
or
"Ombudsman"
means the individual who heads the Office and is
					 personally responsible or responsible through Office representatives to fulfill
					 the functions, responsibilities, and duties per OAC
					 340:105-11-232
					 and
					 340:105-11-233.
"State Long-Term Care Ombudsman Program"
or
"Program"
means the program carried out and consisting of the
					 Ombudsman, Office, and Office representatives.
"Willful interference"
means actions or
					 inactions taken by an individual in an attempt to intentionally prevent,
					 interfere with, or attempt to impede the Ombudsman or Office representative
					 from performing any program functions or responsibilities per O.S. 63 §
					 1-2215 or duties per OAC 340:105-11.
Added at 9 Ok Reg
					 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff
					 5-13-02