New Mexico Administrative Code › Title 9 - HUMAN RIGHTS › Chapter 2 - AGE › Part 19 - LONG TERM CARE OMBUDSMAN › Section 9.2.19.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "
Area agency
				on aging
" (AAA) means an agency designated by the department to arrange
				for the provision of aging services in its planning and service area pursuant
				to an area plan.
B.
				"
Certification
" means the designation provided by the state
				ombudsman to an individual who meets minimum qualifications, is free of
				conflicts of interest, and has successfully completed training and other
				criteria stipulated in Section
				9.2.19.13 NMAC hereof, which
				authorizes such individual to act as a representative of the long-term care
				ombudsman program (program) in the capacity for which he or she is
				certified.
C.
				"
Complaint
" means information regarding action, inaction, or
				decisions that may adversely affect the health, safety, welfare, or rights of
				residents which is raised by or brought to the attention of an
				ombudsman.
D.
				"
Guardian
" means the person or entity appointed by a court to
				exercise the legal rights and powers of another individual.
E. "
Immediate family
" means
				those persons related to an individual as a spouse, child, sibling, or
				parent.
F. "
Informed
				consent
" means an agreement by a resident or a resident's surrogate
				decision-maker to allow a disclosure of information, made with full knowledge
				of the risks involved and the available alternatives, that is made in writing
				or through the use of auxiliary aids and services or communicated by a resident
				or a resident's surrogate decision-maker orally, visually or through the use of
				auxiliary aids and services and such consent is documented contemporaneously by
				a representative of the office.
G.
				"
Long term care facility
" means any residential facility that
				provides care services to one or more persons unrelated to the owner or
				operator of the facility, including, but not limited to, those facilities
				enumerated in Subsection F of Section
				28-17-3 NMSA 1978.
H.
"Long-term care ombudsman program
				(LTCO)
" means the program through which functions and duties of the
				office are carried out, consisting of the state ombudsman, the office headed by
				the state ombudsman and the representatives of the office.
I. "
Provider agency
" means the
				entity designated by the state ombudsman to provide ombudsman services in a
				particular service area.
J.
				"
Representatives
" means the employees or volunteers designated by
				the state ombudsman to fulfill the duties set forth in
				45 CFR
				1324.19(a), whether
				personnel supervision is provided by the state ombudsman or his or her
				designee.
K.
				"
Resident
" means any patient, client or person residing in and
				receiving care in a facility.
L.
"State long-term care ombudsman"
means the individual who heads
				the office and is responsible to personally, or through representatives of the
				office, fulfill the functions, responsibilities and duties as set forth in
				45 CFR
				1324.13 and
				1324.19.
M.
"Surrogate decision maker"
means a legally appointed agent, guardian or surrogate who is authorized to act
				on behalf of a resident to include the duties enumerated in Subsection O of
				Section 28-17-3 NMSA 1978.