West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions
				incorporated by reference. -- Those terms defined in W. Va. Code
				§§16-5D-1,
et seq.
,
				are incorporated herein by reference.
2.2. Abuse. -- The willful infliction of
				injury, unreasonable confinement, intimidation, or punishment with resulting
				physical harm, pain, or mental anguish. Abuse also includes the deprivation by
				an individual, including a caretaker, of goods and services that are necessary
				to attain or maintain physical, mental, and psychosocial well-being. Instances
				of abuse of all residents, irrespective of any mental or physical condition,
				cause physical harm, pain, or mental anguish. It includes verbal abuse, sexual
				abuse, physical abuse, and mental abuse including abuse facilitated or enabled
				through the use of technology. Willful, as used in this definition of abuse,
				means the individual must have acted deliberately, not that the individual must
				have intended to inflict injury or harm.
2.3. Activities of Daily Living. -- The
				activities that an individual generally performs regularly in the course of
				maintaining his or her physical self, such as eating, dressing, oral hygiene,
				toileting, personal grooming, and moving themselves from one location to
				another.
2.4. Administration of
				Medication. -- Assisting a person in the ingestion, application or inhalation
				of medications, including both prescription drugs and non-prescription
				drugs.
2.5. Administrator. -- The
				owner or individual selected by the licensee to be responsible for the
				day-to-day operation of the assisted living residence.
2.6. Adult Day Care. -- Care and supervision
				for elderly or disabled adults during daytime hours only.
2.7. Bed Capacity. -- The number of residents
				an assisted living residence is licensed to house.
2.8. Classification of Standards. -- The
				designation assigned to the requirements in this rule indicating the level of
				impact the requirement has on the health, safety, and welfare of the residents.
				There are three levels used, indicated by Class I, Class II and Class III, with
				Class I having the most impact and Class III the least.
2.9. Communicable Disease. -- An illness
				caused by an infectious agent or its toxic product that is transmitted,
				directly or indirectly, to a susceptible host from an infected person or
				animal, or through the agency of an intermediate host or a vendor or through
				the inanimate environment.
2.10.
				Developmental Disorder. -- A group of disorders in which the predominant
				disturbance is in the acquisition of cognitive, language, motor, or social
				skills. The disturbance may involve a general delay, as in mental retardation,
				or a delay or failure to progress in a specific area of skill acquisition or
				multiple areas in which there are qualitative distortions of normal
				development.
2.11. Direct Care
				Staff. -- Individuals who assist or actually perform activities for residents
				such as eating, dressing, oral hygiene, toileting, personal grooming,
				repositioning, ambulating residents from one location to another, or provide
				care to residents who have one or more inappropriate behaviors that reasonably
				requires additional staff to control.
2.12. Disability. -- Any limitation of
				physical, mental, or social activity of an individual as compared with other
				individuals of similar age, sex, and occupation. It frequently refers to
				limitation of the usual or major activities, most commonly
				vocational.
2.13. Exploitation. --
				The act or process of taking unjust advantage of another individual for one's
				own benefit that includes, but is not limited to, the deliberate misplacement
				or wrongful use of a resident or the resident's belongings or money without the
				resident's consent.
2.14. Extensive
				Nursing Care. -- The nursing care required when there is a major deviation from
				normal in a body system or multiple body systems of such magnitude that the
				deviations are life threatening and the individual's condition is unstable and
				unpredictable.
2.15. Functional
				Needs Assessment. -- Any measurement tool that identifies for the resident and
				the licensee those services that the licensee will need to obtain or provide
				for the resident in order to promote the resident's health, comfort, dignity,
				and independence.
2.16. Health Care
				Facility. -- A public or privately-owned institution, entity or adult
				residential facility or any part or unit thereof, that offers or provides
				health care services, such as personal assistance, supervision, nursing care,
				or behavioral health care, that are required to be licensed in accordance with
				state law to provide the services.
2.17. Immediate and Serious Threat. -- A
				situation that presents a high probability of serious harm or injury to one or
				more residents. An immediate or serious threat need not result in actual harm
				to any resident.
2.18. Imminent
				Danger. -- A situation that could reasonably be expected to immediately cause
				or contribute to death, serious physical harm, or illness to a resident,
				household member, or staff before the situation can be eliminated through a
				plan of correction according to subsection 3.10. of this rule.
2.19. Legal Representative. -- A person
				chosen by the resident or appointed by an individual or by a duly authorized
				agency or court, or otherwise authorized by law to exercise some degree of
				control over a resident's affairs. Legal representatives may have limited
				authority to act on behalf of the resident. For example, a conservator has
				responsibility for financial affairs, but not personal affairs such as medical
				care. Legal representatives include:
2.19.1. A
				conservator, temporary conservator or limited conservator appointed pursuant to
				the West Virginia Legal Guardianship and Conservatorship Act, W. Va. Code
				§§44A-1-1,
et
				seq.
, within the limits set by the most recent court order;
2.19.2. A guardian, temporary guardian or
				limited guardian appointed pursuant to the West Virginia Guardianship and
				Conservatorship Act, W. Va. Code §§44A-1-1,
et
				seq.
, within the limits set by the most recent court order;
2.19.3. An individual appointed as committee
				or guardian prior to June 9, 1994, within the limits set by the appointing
				order and W. Va. Code §44A-11-2(d) and §§44A-1-1,
et
				seq.
;
2.19.4. An
				individual having a medical power of attorney pursuant to the West Virginia
				Health Care Decisions Act, W. Va. Code §§16-30-1,
et seq.
,
				within the limits set by law and the appointment;
2.19.5. A representative payee under the U.S.
				Social Security Act, Title 42 U.S. Code §§301,
et
				seq.
, within the limits of the payee's legal authority;
2.19.6. A health care surrogate
				decision-maker appointed pursuant to the West Virginia Health Care Decisions
				Act, W. Va. Code §§16-30-1,
et
				seq.
, within the limits set by the appointment;
2.19.7. An individual having a durable power
				of attorney pursuant to W. Va. Code §39B-1-101, or a power of attorney
				under common law, within the limits of the appointment;
2.19.8. An individual identified pursuant to
				W. Va. Code §16-3C-4, to grant consent for
				HIV-related testing and for the authorization of the release of test
				results;
2.19.9. A parent or
				guardian of a minor; or
2.19.10. An
				individual lawfully appointed in a similar or like relationship of
				responsibility for a resident under the laws of this state, or another legal
				jurisdiction, within the limits of the applicable law and appointing
				authority.