Pennsylvania Code › Title 55 - HUMAN SERVICES › Part IV - Adult Services Manual › Subpart E - Residential Agencies/Facilities/Services › Chapter 2800 - ASSISTED LIVING RESIDENCES › GENERAL PROVISIONS › Section 2800.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
ADL-Activities of daily living
-The term
						includes eating, drinking, ambulating, transferring in and out of a bed or
						chair, toileting, bladder and bowel management, personal hygiene, securing
						health care, managing health care, self-administering medication and proper
						turning and positioning in a bed or chair.
Abuse
-The occurrence of one or more of
						the following acts:
(i) The infliction
					 of injury, unreasonable confinement, intimidation or punishment with resulting
					 physical harm, pain or mental anguish.
(ii) The willful deprivation by the assisted
					 living residence or its staff persons of goods or services which are necessary
					 to maintain physical or mental health.
(iii) Sexual harassment, rape or abuse, as
					 defined in 23 Pa.C.S. Chapter 61 (relating to protection from abuse).
(iv) Exploitation by an act or a course of
					 conduct, including misrepresentation or failure to obtain informed consent
					 which results in monetary, personal or other benefit, gain or profit for the
					 perpetrator, or monetary or personal loss to the resident.
(v) Neglect of the resident, which results in
					 physical harm, pain or mental anguish.
(vi) Abandonment or desertion by the assisted
					 living residence or its staff persons.
Adult
-An individual who is 18 years of
						age or older.
Age in place
or
aging in
						place
-Receiving care and services at a licensed assisted living
						residence to accommodate changing needs and preferences in order to remain in
						the assisted living residence.
Agent
-An individual authorized by the
						Department to enter, visit, inspect or conduct an investigation of an assisted
						living residence.
Ancillary staff person
-An individual who
						provides services for the residents other than direct assistance with
						activities of daily living. Ancillary staff may include staff who do not
						provide direct care but who conduct assessment, care planning or care
						management activities, and who meet the direct care staff qualifications and
						training requirements. Ancillary staff may also include RNs, LPNs, dieticians,
						or skilled professionals who meet the requirements of their professional
						licensure and the direct care staff requirements, if they also provide direct
						assistance with activities of daily living. Other ancillary staff may include
						activities planners, housekeepers, cooking staff or facilities staff.
Appropriate assessment agency-
An
						organization serving adults who are older or adults with disabilities, such as
						a county mental health/intellectual disability agency, a drug and alcohol
						agency, an area agency on aging or another human service agency, or an
						individual in an occupation maintaining contact with adults who are older and
						adults with disabilities, such as medicine, nursing or rehabilitative
						therapies.
Area agency on aging
-The local agency
						designated by the Department of Aging as defined in section 2202-A of The
						Administrative Code of 1929 (71 P. S. §
												581-2).
Assessment
-An instrument that includes
						screening of a resident or potential resident to determine whether the resident
						or potential resident requires the services of an assisted living
						residence.
Assisted living residence
						administrator
-An individual who is charged with the general
						administration of an assisted living residence, whether or not the individual
						has an ownership interest in the residence or his function and duties are
						shared with other individuals.
Assisted living residence
or
residence
-Any premises in which food, shelter, assisted living
						services, assistance or supervision and supplemental health care services are
						provided for a period exceeding 24-hours for four or more adults who are not
						relatives of the operator, who require assistance or supervision in matters
						such as dressing, bathing, diet, financial management, evacuation from the
						residence in the event of an emergency or medication prescribed for
						self-administration.
Assisted living services
-Services as
						defined in §
											2800.220(b)
						(relating to service provision).
Basic cognitive support services
-These
						services include the following:
(i)
					 Intermittent cueing.
(ii)
					 Redirecting.
(iii) Environmental
					 cues.
(iv) Measures to address
					 wandering.
(v) Dementia-specific
					 activity programming.
(vi)
					 Specialized communication techniques.
CAM-Complementary and alternative
						medications
-Practices, substances and ideas used to prevent or treat
						illness or promote health and well-being outside the realm of modern
						conventional medicine. Alternative medicine is used alone or instead of
						conventional medicine. Complementary medicine is used along with or in addition
						to conventional medicine.
CPB
-Cognitive, physical,
						behavioral.
CPR
-Cardiopulmonary
						resuscitation.
Cognitive support services
-
(i) Services provided to an individual who
					 has memory impairments and other cognitive problems which significantly
					 interfere with his ability to carry out ADLs without assistance and who
					 requires that supervision, monitoring and programming be available 24 hours per
					 day, 7 days per week, in order to reside safely in the setting of his
					 choice.
(ii) The term includes
					 assessment, health support services and a full range of dementia-capable
					 activity programming and crisis management.
Commercial boarding home
-A type of
						residential living facility providing only food and shelter, or other services
						normally provided by a hotel, for payment, for individuals who require no
						services beyond food, shelter and other services usually found in hotel or
						apartment rental.
Common living area
-Includes any of the
						following:
(i) Dining room.
(ii) Indoor activity space.
(iii) Recreational space.
(iv) Swimming area, if located in the
					 residence.
Complaint
-A written or oral criticism,
						dispute or objection presented by or on behalf of a resident to the Department
						regarding the care, operations or management of an assisted living
						residence.
Day
-Calendar day.
Dementia
-A clinical syndrome
						characterized by a decline of long duration in mental function in an alert
						individual. Symptoms of dementia may include memory loss, personality change,
						chronic wandering and the loss or diminishing of other cognitive abilities,
						such as learning ability, judgment, comprehension, attention and orientation to
						time and place and to oneself.
Department
-The Department of Public
						Welfare of the Commonwealth.
Designated person
-An individual who may
						be chosen by the resident and documented in the resident's record, to be
						notified in case of an emergency, termination of service, assisted living
						residence closure or other situations as indicated by the resident or as
						required by this chapter. A designated person may be the resident's legal
						representative or an advocate.
Designee
-A staff person authorized in
						writing to act in the administrator's absence.
Direct care staff person
-A staff person
						who directly assists residents with activities of daily living, and
						instrumental activities of daily living and provides services or is otherwise
						responsible for the health, safety and well-being of the residents.
Discharge
-Termination of an individual's
						residency in an assisted living residence.
Distinct part
-A portion of a building
						that is visually separated such as a wing or floor, or sections or parts of
						floors.
Emergency medical plan
-A plan that
						ensures immediate and direct access to medical care and treatment for serious
						injury or illness, or both.
Financial management
-
(i) An assisted living service requested or
					 required by the resident in accordance with his support plan, which includes
					 taking responsibility for or assisting with paying bills, budgeting,
					 maintaining accurate records of income and disbursements, safekeeping funds and
					 making funds available to the resident upon request.
(ii) The term does not include solely storing
					 funds in a safe place as a convenience for a resident.
Fire safety expert
-A member of a local
						fire department, fire protection engineer, Commonwealth-certified fire
						protection instructor, college instructor in fire science, county or
						Commonwealth fire school, volunteer trained and certified by a county or
						Commonwealth fire school, an insurance company loss control representative,
						Department of Labor and Industry building code inspector or construction code
						official.
Health care or human services field-
Includes the following:
(i) Child
					 welfare services.
(ii) Adult
					 services.
(iii) Older adult
					 services.
(iv) Mental
					 health/intellectual disability services.
(v) Drug and alcohol services.
(vi) Services for individuals with
					 disabilities.
(vii)
					 Medicine.
(viii) Nursing.
(ix) Rehabilitative services.
(x) Any other human service or occupation
					 that maintains contact with adults who are older or adults and children with
					 disabilities.
Housekeeping
-The cleaning of the living
						unit and common living areas. Cleaning of the living unit includes at least
						weekly dusting, sweeping, vacuuming, mopping, emptying trash, and cleaning of
						bathroom, counters, refrigerator and microwave oven, if these appliances are in
						the resident's living area. Housekeeping for common living areas means keeping
						them in clean sanitary condition.
IADL-Instrumental activities of daily
						living
-The term includes the following activities when done on behalf
						of a resident:
(i) Doing
					 laundry.
(ii) Shopping.
(iii) Securing and using
					 transportation.
(iv) Financial
					 management.
(v) Using a
					 telephone.
(vi) Making and keeping
					 appointments.
(vii) Caring for
					 personal possessions.
(viii)
					 Writing correspondence.
(ix)
					 Engaging in social and leisure activities.
(x) Using a prosthetic device.
(xi) Obtaining and keeping clean, seasonal
					 clothing.
INRBI
-Intense neurobehavioral
						rehabilitation after brain injury.
Informed consent agreement
-A formal,
						mutually agreed upon, written understanding which:
(i) Results after thorough discussion among
					 the assisted living residence staff, the resident and any individuals the
					 resident wants to be involved.
(ii)
					 Identifies how to balance the assisted living residence's responsibilities to
					 the individuals it serves with a resident's choices and capabilities with the
					 possibility that those choices will place the resident or other residents at
					 risk of harm.
LPN
-Licensed practical nurse.
Legal entity
-A person, society,
						corporation, governing authority or partnership legally responsible for the
						administration and operation of an assisted living residence.
Legal representative
-An individual who
						holds a power of attorney, a court-appointed guardian or other person legally
						authorized to act for the resident.
License
-A certificate of compliance
						issued by the Department permitting the operation of an assisted living
						residence, at a given location, for a specific period of time, for a specified
						capacity, according to Chapter 20 (relating to licensure or approval of
						facilities and agencies).
Licensee
-A person legally responsible
						for the operations of an assisted living residence licensed in accordance with
						this chapter.
Long-term care ombudsman
-A
						representative of the Office of the State Long-Term Care Ombudsman in the
						Department of Aging who investigates and seeks to resolve complaints made by or
						on behalf of individuals who are 60 years of age or older who are consumers of
						long-term care services. These complaints may relate to action, inaction or
						decisions of providers of long-term care services, of public agencies, of
						social service agencies or their representatives, which may adversely affect
						the health, safety, well-being or rights of these consumers.
Mobile resident
-
(i) A resident who is physically and mentally
					 capable of vacating the assisted living residence on the resident's own power
					 or with limited physical or oral assistance in the case of an emergency,
					 including the capability to ascend or descend stairs if present on the exit
					 path.
(A) Physical assistance means assistance
					 in getting to one's feet or into a wheelchair, walker or prosthetic
					 device.
(B) Oral assistance means
					 giving instructions to assist the resident in vacating the assisted living
					 residence.