Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 50 - Medicaid Long-Term Services and Supports › Subchapter 00 - Long-Term Services › Part 7 - Involuntary Discharge from a Long-Term Care Facility (210-RICR-50-00-7) › Section 210-RICR-50-00-7.3 - Definitions

Current through June 14, 2024
A. As used herein, the following terms are
				  defined as follows:
1. "Assisted living
				  residence" means a publicly or privately operated residence that provides
				  directly or indirectly by means of contracts or arrangements personal
				  assistance and may include the delivery of limited health services, as defined
				  under R.I. Gen. Laws §
											23-17.4-2(12),
				  to meet the resident's changing needs and preferences, lodging, and meals to
				  six (6) or more adults who are unrelated to the licensee or administrator,
				  excluding however, any privately operated establishment or facility licensed
				  pursuant to R.I. Gen. Laws Chapter 23-17 and those facilities licensed by or
				  under the jurisdiction of the Department of Behavioral Healthcare, Development
				  Disabilities and Hospitals, the Department of Children, Youth, and Families, or
				  any other state agency.
2.
				  "Department of Human Services" or "DHS" means the State agency established
				  under the provisions of R.I. Gen. Laws Chapter 40-1 that is empowered to
				  administer certain human services. The DHS has been delegated the authority
				  through an interagency service agreement with the Executive Office of Health
				  and Human Services (EOHHS), the Medicaid Single State Agency, to determine
				  Medicaid eligibility in accordance with applicable State and federal laws,
				  rules and regulations.
3.
				  "Executive Office of Health and Human Services" or "EOHHS" means the state
				  agency established in 2006 under the provisions of R.I. Gen. Laws Chapter
				  42-7.2 within the executive branch of state government which serves as the
				  principal agency for managing the Departments of Children, Youth, and Families
				  (DCYF); Health (DOH); Human Services (DHS); and Behavioral Healthcare,
				  Developmental Disabilities, and Hospitals (BHDDH).
4. "Intermediate care facility for persons
				  with intellectual/developmental disabilities" or "ICF/ID" means a
				  State-licensed health care facility that provides long-term services and
				  supports to persons with intellectual/developmental disabilities.
5. "Long-term care facility" means and
				  includes nursing facilities (NF), assisted living residences (ALR), long-term
				  care hospitals (LTH), and intermediate care facilities for persons with
				  intellectual/ developmental disabilities (ICF-I/DD). Assisted living residences
				  are also included for this rule only, although not licensed as health care
				  facilities under R.I. Gen. Laws Chapter 23-17.
6. "Nursing facility" means an institutional
				  setting that provides long-term care and is licensed in accordance with R.I.
				  Gen. Laws Chapter 23-17, "Licensing of Health Care Facilities."
7. "Resident representative" means any of the
				  following:
a. An individual chosen by the
				  resident to act on behalf of the resident in order to support the resident in
				  decision-making; access medical, social or other personal information of the
				  resident; manage financial matters; or receive 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 behalf of the resident
				  in order to support the resident in decision-making; access medical, social or
				  other personal information of the resident; manage financial matters; or
				  receive notifications;
c. Legal
				  representative, as used in §712 of the Older Americans Act (P.L.
				  114-144); or
d. The court-appointed guardian or
				  conservator of a resident.
e.
				  Nothing in this rule is intended to expand the scope of authority of any
				  resident representative beyond that authority specifically authorized by the
				  resident, state or federal law, or a court of competent
				  jurisdiction.
8.
				  "Transfer" or "discharge" means movement of a resident to a bed outside of the
				  long-term care facility whether that bed is in the same physical plant or not.
				  "Transfer" or "discharge" does not refer to the movement of a resident to a bed
				  within the same long-term care facility.