Md. Code Regs. 07.02.16.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.16.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Abuse" means the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by a person.

(2) "Adult" means a person 18 years old or older.

(3) "Assisted living manager" means an individual who is designated by the licensee to oversee the day-to-day operation of the assisted living program.

(4) Assisted Living Program.

(a) "Assisted living program" means a residential or facility-based program that provides assistance in performing the activities of daily living or instrumental activities of daily living, in a way that promotes optimum dignity and independence of the individuals, such as providing:

(i) Housing and supportive services;

(ii) Supervision;

(iii) Personalized assistance;

(iv) Health-related services; or

(v) A combination of these services.

(b) "Assisted living program" does not include:

(i) A nursing home, as defined under Health-General Article, §19-301, Annotated Code of Maryland;

(ii) A State facility, as defined under Health-General Article, §10-101, Annotated Code of Maryland;

(iii) A program licensed or approved by the Department of Health and Mental Hygiene under Health-General Article, Title 7 or Title 10, Annotated Code of Maryland; or

(iv) A hospice care program licensed by the Department of Health and Mental Hygiene under Health-General Article, Title 19, Annotated Code of Maryland.

(5) "Director" means the director of the local department of social services.

(6) "Disabled person" means an adult who has been judged by a court for purposes of adult public guardianship of the person to be unable to provide for his daily needs sufficiently to protect his health or safety due to:

(a) A mental disability;

(b) Disease;

(c) Habitual drunkenness; or

(d) Addiction to drugs.

(7) "Emergency" means that an adult is living in conditions which present a substantial risk of death or immediate and serious physical harm to himself or others.

(8) "Exploitation" means any action which involves the misuse of a vulnerable adult's funds, property, or person.

(9) "Guardian of the person" means an individual, agency, or corporation appointed by a court to undertake certain actions in the interest of a disabled person. The guardian is authorized by the court to make responsible decisions for the disabled person about the disabled person's health care, shelter, or daily needs for food or clothing and to receive and spend money from the disabled person's assets to meet those needs.

(10) "Guardian of the property" means a person or agency appointed by the court to manage the property of a disabled person or a minor.

(11) "Law enforcement agency" means a State, county, or municipal police department, bureau, or agency.

(12) "Licensee" means the person, association, partnership, or corporation to whom the license is issued.

(13) "Local department" means the department of social services or the Montgomery County Department of Health and Human Services, in the jurisdiction where the:

(a) Vulnerable adult lives; or

(b) Abuse, neglect, or exploitation is alleged to have taken place.

(14) "Local State's Attorney" means the State's Attorney for the jurisdiction where the:

(a) Vulnerable adult lives; or

(b) Abuse, neglect, or exploitation is alleged to have taken place.

(15) Neglect.

(a) "Neglect" means the willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or supervision.

(b) "Neglect" does not include the providing of nonmedical remedial care and treatment for the healing of injury or disease if the nonmedical care and treatment is recognized by State law and is done with the informed consent of the vulnerable adult.

(16) "Office of Health Care Quality" means the State office authorized to license and regulate quality of care in hospitals and health-related facilities in Maryland, as provided under COMAR 10.07.14.

(17) "Police officer" means a State or local officer who is authorized to make arrests as part of the officer's official duty.

(18) "Resident" means an individual 18 years old or older who requires assisted living services.

(19) "Review board" means the Adult Public Guardianship Review Board.

(20) "Self-neglect" means the inability of a vulnerable adult to perform activities of daily living or to provide the vulnerable adult with the services:

(a) That are necessary for the vulnerable adult's physical and mental health; and

(b) The absence of which impairs or threatens the vulnerable adult's well-being.

(21) "Vulnerable adult" means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.

Md. Code Regs. 07.02.16.02

Regulation .02B amended effective July 28, 2008 (35:15 Md. R. 1347)