As used in 10 CMR 30.00, unless the context requires otherwise,
these terms will have the following meanings.
Access
. The authority of an ombudsman
representative to enter any facility to:
(1) perform the actions and duties of the Ombudsman Program as
set forth in 101 CMR 30.00;
(2) meet with residents to obtain permission to conduct an
investigation of a complaint;
(3) obtain the name and contact information of all resident
representatives;
(4) review medical, social, and other relevant records with the
consent of the resident or the resident representative; or
(5) with the consent and approval of the State Ombudsman,
review medical, social, and other records of a resident who is unable to give
informed consent and has no resident representative.
Area Agency on Aging (AAA)
. A public
agency or nonprofit organization designated by the Executive Office of Elder
Affairs (EOEA) in a planning and service area under the Older Americans Act,
42 U.S.C.
3025, which is responsible for developing and
administering an area plan as defined under
42
U.S.C. 3026.
Case
. An inquiry brought to or
initiated by the State Ombudsman or ombudsman representative on behalf of a
resident or group of residents. A case includes the complaint, or multiple
related complaints, the Ombudsman Program investigation, strategy for
resolution, and related records.
Certification
. The process by which a
person associated with a local ombudsman program, or the Statewide Long-term
Care Ombudsman Program, who after completing the training and other criteria
set forth in 101 CMR 30.09, now qualifies to be certified and designated by the
State Ombudsman to be an ombudsman representative.
Complainant
. A resident, resident
representative, or an individual, organization, or government agency, including
the State Ombudsman or ombudsman representative, who files or initiates a
complaint with the Ombudsman Program.
Complaint
. A concern brought to, or
initiated by, the State Ombudsman or an ombudsman representative for
investigation and action on behalf of one or more residents relating to the
health, safety, welfare, rights, or quality of life of one or more residents,
including the failure of a facility, organization, or government agency to
comply with governing statutes or regulations.
Conflict of Interest
. A situation
where an interest may intrude upon, interfere with, threaten to negate, or give
the appearance of interfering with or undermining the impartiality of a person
and their ability to act without compromise due to competing duties or
obligations. A conflict of interest includes an individual or organizational
conflict of interest as set forth in 101 CMR 30.16(1) and (2).
EOHHS
. The Executive Office of Health
and Human Services established under M.G.L. c. 6A.
EOEA
. The Massachusetts Executive
Office of Elder Affairs established under M.G.L. c. 19A.
Facility
. A long-term care facility
subject to licensure by the Massachusetts Department of Public Health pursuant
to M.G.L. c. 111, § 71 or
42 U.S.C.
3001
et seq., or an assisted
living residence certified by the Executive Office of Elder Affairs pursuant to
M.G.L. c. 19D.
Facility Administrator. A
person:
(1) who is licensed under M.G.L. c. 112, §§ 108
through 117 to administer, manage, supervise, or have general administrative
charge of a long-term care facility, whether or not such individual has an
ownership interest in such entity and whether his or her functions and duties
are shared with one or more individuals, or a suitable and responsible person
who administers, manages, supervises, or is in general administrative charge of
a rest home as further defined in
105 CMR 150.002:
Standards for Long-term Care Facilities; or
(2) who has general administrative charge of an assisted living
residence certified pursuant to M.G.L. c. 19D and 651 CMR 12.00:
Certification Procedures and Standards for Assisted Living
Residences.
Host Agency
. An agency designated by
the State Ombudsman to house and support a local ombudsman program for a
specific geographic area. Only an AAA, a public agency, or a nonprofit
organization may be designated as a host agency.
Informed Consent
. The process of
informing a resident of the risks and benefits associated with certain actions
and decisions that results in the resident's authorization or agreement to
proceed. For purposes of 101 CMR 30.00, informed consent should be confirmed in
writing, including through the use of auxiliary aids and services as necessary.
If written consent is not possible, consent may be obtained orally or visually,
including through the use of auxiliary aids and services, provided such consent
is documented contemporaneously.
Local Ombudsman Program
. A program
operating in a designated host agency to carry out the functions of the
Ombudsman Program for an assigned geographic area. A local ombudsman program
comprises a local ombudsman program director and ombudsman representatives
employed by or associated with the host agency and designated and certified by
the State Ombudsman to act as ombudsman representatives in that geographic
area.
Local Ombudsman Program Director (also known as a
Local Program Director). An individual employed by or associated
with a local ombudsman program as the director with the responsibility for the
operation of a local ombudsman program and who is certified and designated as
such by the State Ombudsman pursuant to M.G.L. c. 6A, § 16CC, and 101 CMR
30.09(1).
Ombudsman Representative
. An employee
or volunteer of the Ombudsman Program or a local ombudsman program, who has
been certified and designated by the State Ombudsman to act as a representative
of the Ombudsman Program.
Resident
. A person who is receiving
treatment or care in a facility including, but not limited to, application or
admission, retention, confinement, commitment, period of residence, transfer,
discharge, and instances directly related to such status.
Resident Representative.
(1) An individual chosen by the resident to act on the
resident's behalf to support the resident in decision-making: access the
resident's medical, social, or other personal information; manage financial
matters; or receive notifications;
(2) A person authorized by state or federal law including, but
not limited to, agents under power of attorney, health care proxy,
representative payees, and other fiduciaries, to act on behalf of the resident
in order to support the resident in decision-making: access the resident's
medical, social, or other personal information; manage financial matters; or
receive notifications;
(3) A legal representative, as used in section 712 of the Older
Americans Act; or
(4) The court-appointed guardian or conservator of the
resident.
(5) Nothing in this regulation is intended to expand the scope
of authority of a resident representative beyond the authority specifically
authorized by the resident, state or federal law, or a court of competent
jurisdiction.
State Long-term Care Ombudsman (also referred to as
State Ombudsman). An individual appointed by the Secretary of
EOHHS pursuant to M.G.L. c. 6A, § 16CC(b) and in accordance with
42 U.S.C.
3001, et seq., to direct the
Statewide Long-term Care Ombudsman Program.
Statewide Long-term Care Ombudsman Program (also
referred to as the Ombudsman Program). The statewide ombudsman
program established by EOHHS for the purpose of advocating on behalf of
residents, operated separately and independently from EOHHS, and directed by
the State Ombudsman pursuant to M.G.L. c. 6A, § 16CC, and in accordance
with
42 U.S.C.
3001
et seq. The State
Ombudsman Program includes the local ombudsman programs.
Willful Interference
. The actions or
inactions taken by an individual in an attempt to intentionally prevent,
interfere with, or attempt to impede the State Ombudsman or an ombudsman
representative from performing the functions or responsibilities of the
Ombudsman Program.
