Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 40 - Division of Elderly Affairs › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Long Term Care Ombudsperson Program (218-RICR-40-00-1) › Section 218-RICR-40-00-1.2 - Definitions

Current through June 14, 2024
1.2.1
Definitions
A. For the purpose of these rules and
				  regulations, the following words and phrases shall be construed as follows:
1. An "act" of any facility or government
				  agency includes any failure or refusal to act by any facility or government
				  agency.
2. "Client" and "Resident",
				  as used herein, shall have the same meaning.
3. "Department" means the Rhode Island
				  Department of Human Services, Division of Elderly Affairs.
4. "Director" means the Director of the
				  Division of Elderly Affairs or his/her designated agent.
5. "Division" means the Division of Elderly
				  Affairs.
6. "Elderly" means any
				  individual sixty (60) years of age or older who is a resident of any
				  facility.
7. "Facility" means any
				  facility or institution, home care provider, home hospice care provider or home
				  nursing care provider, whether public or private, offering health or health
				  related services for the institutionalized elderly, and which is subject to
				  regulation, visitation, inspection, or supervision by any government agency.
				  "Facilities" include, but are not limited to, nursing homes, intermediate care
				  facilities, extended care facilities, convalescent homes, rehabilitation
				  centers, home care agencies, homes for the aged, veterans' homes, boarding
				  homes, and adult supportive care, residential care and assisted living
				  residences.
8. "Financial interest"
				  means an ownership interest or investment in a facility by a representative of
				  the Office or a relative of the representative of the Office.
9. "Governing body" means
a. a public agency within which the Office is
				  located; or
b. the board of
				  directors of any non-profit organization within which the Office is located,
				  however named, charged with overall responsibility for the activities of the
				  organization, as delineated in its articles of incorporation, by-laws and/or
				  other legally adopted document(s) related to the organization's governance.
10. "Government agency"
				  means any federal or state agency responsible for the administration of
				  benefits to the elderly. This shall include, but not be limited to, any such
				  agency responsible for the administration of programs affecting residents of
				  long term care facilities.
11.
				  "Immediate family" pertaining to conflicts of interest as described in
				  §712(a)(5) of the Older American Act,
				   42 U.S.C. §
													3058g, as amended, means a member of the
				  household or a relative with who there is a close personal or significant
				  financial relationship.
12.
				  "Interfere" means willing and continuous conduct which prevents the
				  ombudsperson from performing her or his official duties.
13. "Legal Representative" means a guardian
				  appointed by a court of competent jurisdiction or the holder of a valid power
				  of attorney with the authority to act on the matter at issue as specifically
				  set forth in that power of attorney.
14. "Office of the State Long Term Care
				  Ombudsperson" or "Office" means the organizational unit headed by the State
				  Long Term Care Ombudsman, including the representatives of the
				  Office.
15. "Official duties" means
				  responsibilities pursuant to the long term care ombudsperson program authorized
				  by the federal Older Americans Act or the long term care ombudsperson program
				  authorized by state law and carried out under the auspices and general
				  direction of the state long term care ombudsperson.
16. "Ombudsperson" shall have the meaning set
				  forth in §1.3.1 of this Part below.
17. "Person" means any individual, trust, or
				  estate, partnership, limited liability corporation, corporation (including
				  associations, joint stock companies, and insurance companies), state, or
				  political subdivision or instrumentality of a state.
18. "Public agency" means any department,
				  division, office, bureau, board, commission, authority, or any other agency or
				  instrumentality created by any municipality or by the state, or to which the
				  state is a party.
19. "Relative"
				  means a member of the immediate family.
20. "Remedy" means an action, restriction of
				  action, restriction of contact, or other means proposed to the Division that
				  would neutralize a conflict of interest and ensure that the conflict will not
				  adversely influence the activities of the representative on behalf of the
				  Office.
21. "Representatives of the
				  Office of the Long Term Ombudsman or "Representative" means the employees or
				  volunteers designated by the Ombudsperson to fulfill the duties set forth in
				  R.I. Gen. Laws Chapter 42-66.7, as amended, as well as in §712 of the
				  Older Americans Act, as amended,
				   42 U.S.C. §
													3058g.
22. "Resident" means any individual age sixty
				  (60) years of age or older who is receiving treatment, care, or housing in any
				  facility in all of its aspects including, but not limited to, admission,
				  retention, confinement, period of residence, transfer, discharge, and in any
				  instances directly related to that status. Residents include patients and
				  clients. Residents shall also include disabled individuals under sixty (60)
				  years of age residing in nursing homes, or clients of residential and assisted
				  living facilities and home care providers/home hospice care providers/home
				  nursing care providers and long term care units at the Eleanor Slater Hospital,
				  including the Zambarano facility.
23. "Waiver" means the Division has
				  determined that sufficient circumstances exist to eliminate a conflict of
				  interest and the need to remedy a conflict of interest.