SECTION 340:105-11-231. Definitions

  The following words and terms when used in this Subchapter shall have the following meaning unless the context clearly indicates otherwise:

"Assistant Secretary" means the Assistant Secretary for Aging; the administrative head of the Administration on Aging of the United States Department of Health and Human Services.

"Business day" means a consecutive eight-hour period of time when the Office of the State Long-Term Care Ombudsman (Office) is open for business.

"Confidential information" means all information that relates to specific individuals who live in long-term care facilities, complainants, and other informants including, but not limited to, names, identifying information, and all problem and complaint documentation.

"Deputy state long-term care ombudsman" or "deputy ombudsman" an individual employed by the Office to assist with management and operations and supervised by the State Long-Term Care Ombudsman (Ombudsman).

"Designated entity" means an agency, not-for profit business, or organization that the Ombudsman has designated in writing to host Office representatives.

"Designation" means the appointment of an agency, individual, or both, as the official Office representative.

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

"Leave of absence" means an ombudsman volunteer's excused absence from official duties not to exceed three months.

"Long-term care facility" means any nursing facility, specialized facility, residential care home, or assisted living center per Sections 1-820, 1-890.2, and 1-1902 of Title 63 of the Oklahoma Statutes (O.S. 63 §§ 1-820, 1-890.2, and 1-1902).

(A)   "Nursing facility" means a home, establishment, or institution primarily engaged in providing:

(i)   skilled nursing care and related services for residents;

(ii)   rehabilitation services; or

(iii)   on a regular basis, health-related care and services to individuals who because of mental or physical conditions require care and services beyond the level of care provided by a residential care home per 63 O.S. § 1-1902(9).

(B)   "Residential care home" means any establishment or institution other than an adult companion home, group home, hotel, motel, fraternity or sorority house, or college or university dormitory that offers, provides, or supports residential accommodations, food service, and supportive assistance to any of its residents; or houses any resident requiring supportive assistance who is not related to the owner or administrator of the home by blood or marriage. The resident must be ambulatory and essentially capable of participating in his or her own activities of daily living, and not routinely requiring nursing services per 63 O.S. § 1-820.12.

(C)   "Specialized facility" means any home, establishment, or institution that offers or provides inpatient long-term care services on a 24-hour basis to a limited category of persons requiring such services including, but not limited to, a facility providing health or habilitation services for persons who are living with intellectual or developmental disabilities per 63 O.S. § 1-1902(11).

(D)   "Assisted living center" means any home or establishment offering, coordinating, or providing services to two or more persons who:

(i)   are domiciled therein;

(ii)   are unrelated to the operator;

(iii)   by choice or because of functional impairments, need assistance with personal care or nursing supervision;

(iv)   may need intermittent or unscheduled nursing care;

(v)   may need medication assistance; and/or

(vi)   may need assistance with transfer, ambulation, or both per 63 O.S. § 1-890.2.

"Long-term care ombudsman" means a person who receives and resolves complaints made by or on behalf of residents of long-term care facilities and is trained and designated as an official representative by the Office.

"Office of the State Long-Term Care Ombudsman (Office)" means the office created within the Oklahoma Department of Human Services (DHS)that carries out the Long-Term Care Ombudsman Program per the Older Americans Act (OAA) of 1965, as Amended, and per federal regulations under the auspices and general direction of the state long-term care ombudsman.

"Planning and Service Area (PSA)" means a geographic area specified by DHS per Section 305(a)(1)(E) of the Older Americans Act (OAA) of 1965, as Amended for purposes of planning for and serving the needs of individuals 60 years of age and above.

"Representative" means the employee or volunteer designated by the Ombudsman to fulfill duties per Oklahoma Administrative Code (OAC) 340:105-11-234, whether personnel supervision is provided by the Ombudsman or designees or by an agency hosting a local ombudsman entity designated by the Ombudsman per OAC 340:105-11-234.

"Resident representative" means:

(A)   an individual chosen by the resident to act on his or her behalf in order to support the resident in decision-making; accessing the resident's:

(i)   medical, social, or other personal information;

(ii)   managing financial matters; or

(iii)   receiving 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 the resident's behalf in order to support him or her in:

(i)   decision-making;

(ii)   accessing the resident's medical, social, or other personal information; and/or

(iii)   managing financial matters; or receiving notifications;

(C)   a legal representative as used in Section 712 of the OAA; or

(D)   the resident's court-appointed guardian or conservator. This definition is not intended to expand the authority of any resident representative beyond that specifically authorized by the resident, state or federal law, or a court of competent jurisdiction.

"State long-term care ombudsman" or "Ombudsman" means the individual who heads the Office and is personally responsible or responsible through Office representatives to fulfill the functions, responsibilities, and duties per OAC 340:105-11-232 and 340:105-11-233.

"State Long-Term Care Ombudsman Program" or "Program" means the program carried out and consisting of the Ombudsman, Office, and Office representatives.

"Willful interference" means actions or inactions taken by an individual in an attempt to intentionally prevent, interfere with, or attempt to impede the Ombudsman or Office representative from performing any program functions or responsibilities per O.S. 63 § 1-2215 or duties per OAC 340:105-11.

[Source: Added at 9 Ok Reg 2431, eff 6-25-92; Amended at 19 Ok Reg 1170, eff 5-13-02; Amended at 34 Ok Reg 1624, eff 9-15-17]