R510-200-3. Definitions

  (1) "Area Agency on Aging" hereinafter "AAA" is as defined in UC 62A-3-101.

  (2) "Direct Supervision" means a supervisor is present at all times, either physically or by telephone.

  (3) "Division" is as defined in UC 62A-3-101.

  (4) "Family Council" is the organized forum for families, as a group, to influence the quality of care for the residents.

  (5) "Government Agency" is as defined in UC 62A-3-202.

  (6) "Immediate Family" means a member of the household or a relative with whom there is a close personal or significant financial relationship.

  (7) "Long-Term Care Ombudsman," hereinafter "LTCO" means the employees or volunteers designated by the State Long-Term Care Ombudsman to fulfill the duties of the State Long-Term Care Ombudsman Program. They are advocates for resident rights to help protect the quality of life and quality of care for anyone who resides in a long-term care facility.

  (8) "Long-Term Care Ombudsman Program," hereinafter "LTCOP" means the Local LTCOP and includes its employees, officers, agents, and volunteers, which are designated by the Division to implement the LTCOP within the defined geographic area of the AAA or Provider Agency.

  (9) "Long-Term Care Facility" is as defined in UC 62A-3-202.

  (10) "Office of the State Long-Term Care Ombudsman," hereinafter "Office," means the organizational unit in a State or territory which is headed by a SLTCO.

  (11) "Provider Agency" is defined as an entity designated by the SLTCO to provide ombudsman services in a particular area.

  (12) "Resident" is defined as an individual who resides in a long-term care facility.

  (13) "Resident Council" is an independent, organized group of residents living in a long-term care facility that meets on a regular basis to discuss concerns, develop suggestions on improving services, and plan social activities.

  (14) "Resident Representative" means, excluding any intention 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, 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 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; or

  (d) the court-appointed guardian or conservator of a resident.

  (15) "Resident Rights" means the basic human rights that residents of long-term care facilities are entitled to regardless of residency in such facilities.

  (16) "State Long-Term Care Ombudsman," hereinafter "SLTCO," means the individual who heads the Office and is responsible to personally or through representatives of the Office, advocate for residents.

  (17) "State Long-Term Care Ombudsman Program," hereinafter "SLTCOP," means the program through which the functions and duties of the Office are carried out, consisting of the ombudsman, the Office headed by the ombudsman, and the representatives of the Office.

  (18) "Willful Interference" means actions or inactions taken by an individual in an attempt to intentionally prevent, interfere with, or attempt to impede the ombudsman from performing any of his or her responsibilities, or from performing any of the duties of the Office.