Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 7 - PROGRAM ADMINISTRATION FOR ADULT DAY CARE FACILITIES › Section 7-3 - Definitions

Current through July 13, 2024
The following definitions shall apply in the interpretation
				  and enforcement of these rules. Where the context in which words are used in
				  these rules indicates that such is the intent, words in the singular number
				  shall include the plural and vice versa. Throughout these rules, gender
				  pronouns are used interchangeably. The drafters have attempted to utilize each
				  gender pronoun in equal numbers, in random distribution. Words in each gender
				  shall include individuals of the other gender.
For purpose of these regulations, the following shall
				  apply:
(a)
"ADAAG"
means the Adult with Disabilities Act
				Accessibility Act Guidelines.
(b)
"Administer medicine"
means to read the label, to open
				the container of medicine, to remove the prescribed dosage, and to give it to
				the person for whom it is prescribed. State of Wyoming Nurse Practice Act
				states that only people authorized by state law may administer medicine. People
				authorized to administer medicine include licensed physicians, registered
				nurses, licensed practical nurses, physicians assistants, and other individuals
				who meet the requirements of the law.
(c)
"Adult"
for the
				purposes of these rules means any person eighteen(18) years of age or older in
				accordance with W.S. §
									
										35-2-901(a)(xxiii).
(d)
"Adult Day Care Center
				Facility"
means any facility not otherwise certified by the
				Department of Health, engaged in the business of providing activities of daily
				living support and supervision services programming based on a social model, to
				four (4) or more persons eighteen(18) years or older with physical or mental
				disabilities.
(e)
"Ambulatory"
means the ability of a person who is
				physically and mentally able to make an exit from a building in an emergency
				without the assistance of another person or without the use of any device such
				as, but not limited to, a wheelchair, walker or leg prosthesis. The
				determination of whether a person is ambulatory shall be based on information
				contained in the report of the physical examination as required by Section
				12(b)
				(iii) of these rules and regulations. NOTE:
				This is not a medical definition, but is related to the placement of elderly
				and impaired adults in buildings that are appropriate in terms of fire
				safety.
(e)
"Care"
means assistance with the activities/tasks of
				daily living provided to participants.
(f)
"Certified Nurses Aid
				(CNA)"
means a person who has been certified by the Wyoming State
				Board of Nursing.
(g)
"Complaint Investigation"
means those investigations
				required to be performed by the Long-Term Care Ombudsman per W.S. §
									
										9-2-1305.
(h)
"Conservator"
means a person appointed by the court to have custody of the person of the
				ward.
(i)
"Contrast"
means a significant difference in diversity
				of adjacent parts by color, tone, and/or light.
(j)
"Department"
means the Wyoming Department of Health.
(k)
"Departments
				Representative"
means an employee of the Wyoming Department of
				Health who is acting as the authorized agent of the Division on Aging in
				carrying out responsibilities and duties of his/her position.
(l)
"DFS"
means the
				Department of Family Services.
(m)
"Director"
means the person who has been delegated
				responsibility for the programmatic and the administrative supervisory
				functions of the adult day care program.
(n)
"Disabled"
means
				the inability to perform some or all of the activities/tasks of daily living
				due to physical or mental disability(s), weakness, illness, or
				injuries.
(o)
"Distribute medicine"
means to give the container of
				medicine to the person for whom it is prescribed, which is distinguished from
				administer medicine as defined in Section
				3(b) of these
				rules.
(p)
"Division"
means the Division on Aging.
(q)
"Facility"
means
				the adult day care facility.
(r)
"Fire official having jurisdiction"
means the Wyoming
				Department of Fire Prevention and Electrical Safety or designated
				representative.
(s)
"Fire prevention and building construction"
means the
				standards adopted by the Wyoming Department of Fire Prevention and Electrical
				Safety.
(t)
"Guardian"
means the person appointed by the court to
				have custody of the person of the ward.
(u)
"License"
means
				the authority granted by the Office of Health Quality, Planning and Program
				Evaluation to operate an adult day care facility pursuant to a survey performed
				by the Division on Aging.
(v)
"Licensee"
means any person, association, legal
				entity, partnership, or corporation to whom the adult day care license is
				issued.
(w)
"Licensing
				Division Office"
means the Department of Health, Office of Health
				Quality, Planning and Program Evaluation.
(x)
"Licensed Practical Nurse
				(LPN)"
means any individual who holds a current, valid license
				from the State of Wyoming as an LPN.
(y)
"Long Term Care Home and
				Community-Based Services Waiver (LTC/HCBS Waiver)"
is the Wyoming
				waiver for the Elderly and Physically Disabled granted under the authority of
				Section 1915(c) of the Social Security Act.
(z)
"LTC/HCBS Case
				Manager"
means a person who meets the qualifications in
				performance of their duties of Case Manager for Long-Term Care Home and
				Community-Based Services waiver.
(aa)
"MFCU (Medicaid Fraud
				Control Unit)"
means the Medicaid Fraud Control Unit of the
				Attorney Generals Office, its agent, designee, or successor.
(bb)
"Nonambulatory"
means the inability of a person, who because of physical or mental impairment,
				must be led, assisted, or carried by another person, or who is dependent on the
				use of a device such as, but not limited to, a walker, wheelchair or leg
				prosthesis to make an exit from a building in an emergency. The determination
				of whether a person is nonambulatory shall be based on information contained in
				the report of the physical examination as required by Section
				12(b)(ii) of these rules
				and regulations. NOTE: This is not a medical definition, but is related to the
				placement of elderly and impaired adults in buildings that are appropriate in
				terms of fire safety.
(cc)
"Nurse"
means any individual who holds a current,
				valid license from the State of Wyoming Board of Nursing as a licensed
				practical nurse (LPN) or as a registered nurse (RN).
(dd)
"Ombudsman"
means the Long-Term Care Ombudsman as established in W.S. §
									
										9-2-1301 through
				9-2-1309.
(ee)
"Participant"
means an elderly, blind or disabled adult who takes part in the program of care
				and receives services from the facility.
(ff)
"Program
				Administration"
means the rules and regulations promulgated by the
				Department of Health and developed by the program division for the day-to-day
				operations of adult day care facilities as per W.S. §
									
										9-2-1208(v).
(gg)
"Program
				Division"
means the Wyoming Department of Health, Division on
				Aging.
(hh)
"Program
				Plan"
means the activity plan developed on admission and updated
				periodically that addresses participants needs and strategies to meet those
				needs.
(ii)
"Physician"
means any individual licensed to practice
				medicine in any of the fifty (50) states or the District of Columbia.
(jj)
"Protection"
means the intent to prevent harm and to provide oversight of the
				participant.
(kk)
"Recommended Daily Allowances"
(RDA) are the levels of
				intake of essential nutrients considered to be adequate to meet the known
				nutritional needs of healthy persons, in the judgment of the Committee on
				Dietary Allowances of the Food and Nutrition Board, National Academy of
				Sciences, National Research Council on the basis of available scientific
				knowledge.
(ll)
"Registered Nurse"
means any individual who holds a
				current, valid license as an RN from the State of Wyoming.
(mm)
"Responsible
				person"
means the person who assumes the responsibility for
				arranging for care and services for the participant. The responsible person may
				or may not be the legal guardian for the participant, and may or may not be
				related to the participant.
(nn)
"Snack"
means a light meal or nutritious meal
				supplement.
(oo)
"Staff
				or staff person"
means administrative, program, service, and
				volunteer personnel of the facility.
(pp)
"Supplementary
				Care"
means a part of the total care that is required by
				participants. Supplementary care augments the care that the family or other
				persons provide. Care provided by an adult day care facility is supplementary
				care.
(qq)
"Supervision"
means the general oversight of the
				physical and mental well-being of participants who are physically present in
				the adult day care facility.
(rr)
"Survey"
means an annual on-site evaluation conducted
				by the Division on Aging to determine compliance with Program Administration
				Rules and Regulations for Adult Day Care Facilities.
(ss)
"Unit dose"
means a packaged amount of medicine containing one dose of the
				medicine.
(tt)
"Volunteer Personnel"
means persons who provide
				services at the facility on a voluntary, non-paid basis. If these persons meet
				all the personnel and health requirements for staff pursuant to Section
				9,
				Personnel, they may be counted in the staff-to-participant ratio.