18 Miss. Code. R. 26-1-B
Abuse: Negligent or willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish; or deprivation by a person, including a caregiver, of goods or services that are necessary to avoid physical harm, mental anguish, or mental illness or sexual abuse.
ADL: Activities of Daily Living, including but not limited to, bathing, walking, excretory functions, feeding, personal grooming, and dressing. These have been revised to: mobility/ambulation; community mobility; transferring; eating and meal preparation.
Advanced Health-Care Directive (AHCD): Designating an agent to make health-care decisions. MS has the Uniform Health-Care Decisions Act in § 41-41-201 through § 41-41-229 of the MS Code which combines the power of attorney for health care along with a living will. An example is provided in § 41-41-209.
Advisory Council: This group provides guidance and advice to the SLTCO in order to enhance the effectiveness of the statewide LTCOP. Each AAA has an Advisory Council.
Area Agency on Aging (AAA): An agency designated by the DAAS to arrange for providing the aging services in its planning and service area (PSA). There are 10 AAAs in Mississippi that contract with DAAS to provide services under Title III and Title VII of the OAA.
Area Plan: A plan developed by AAA for its relevant planning and service area as required by the Older Americans Act (OAA) §306.
Assisted Living Facility (ALF): Facility that provides personal care and the addition of supplemental services to include, but not be limited to, the provision of medical services (i.e., medication procedures and medication administration) and emergency response services. These are for individuals who want to maintain some level of independence, but require support with activities of daily living (ADLs).
Case: Each inquiry brought to, or initiated by, the ombudsman on behalf of a resident or group of residents involving one or more complaints relating to the health, safety, welfare, or rights of residents which requires opening a case and includes ombudsman investigation, strategy to resolve, and follow-up. One or more complaints constitutes a case. You cannot have a case without a complaint.
Certification: The designation provided by the State Long-Term Care Facilities Ombudsman to an individual who meets minimum qualifications, is free of conflicts of interest, and has successfully completed training and other criteria stipulated in the Certification Requirements for the Mississippi Ombudsman Program. Designation authorizes such individual to act as a representative of the Long-Term Care Ombudsman Program. An ombudsman (even a volunteer) shall not be authorized to investigate a complaint without being certified by the State Long-Term Care Facilities Ombudsman.
Closed Case: A case is where none of the complaints within the case require any further action on the part of the ombudsman and every complaint has been assigned the appropriate disposition code.
Community Education: Presentations to community groups, other agencies or professionals or to groups of residents or families (other than resident & family councils) on long-term care issues. Each Ombudsman district is required to do two community education events each federal fiscal year.
Complaint: A concern brought to, or initiated by, the ombudsman for investigation and action by or on behalf of one or more residents of a long-term care facility relating to the health, safety, welfare or rights of a resident. One or more complaints constitutes a case. You cannot have a case without a complaint.
Complainant: An individual who lodges a complaint. This could be a resident, family member, facility staff, ombudsman, banker, police officer, social worker, etc.
Conservator: An individual appointed by the Court to make financial decisions for and exercise the legal rights and powers of an adult where the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property. A conservator has priority over the power of attorney agent. See § 93-13-251 through § 93-13-267 of the MS Code.
Consultation: Means providing information and technical assistance to facilities and individuals regarding long-term care issues. It is often by telephone. It does not involve investigating and working to resolve a complaint (a consultation is not a case, therefore, isn't a complaint). If you refer someone to another agency and are not actively involved in investigating and working to resolve the problem, it is not a case or complaint. However, it is counted as a consultation.
Designation: Status which authorizes an individual (whether a district or local ombudsman or volunteer) to act as a Representative of the Office. Said individual has successfully completed the training requirements and is also free of conflicts of interest.
District Ombudsman: An ombudsman who acts in a supervisory position over local ombudsman in their respective AAA region. There are currently 10 district ombudsmen in the Mississippi Long-Term Care Facilities Ombudsman Program.
Exploitation: The illegal or improper act or process of an individual, including a caregiver, using the resources (money, assets, property) of an older or vulnerable individual for monetary or personal benefit, profit or gain without the informed consent of the resident.
Family Council: Family members of residents and/or facility staff that meet regularly where the ombudsman can provide technical assistance, information, training and support.
Guardian: An individual or entity appointed by the Court to make personal and/or property decisions for and exercise the legal rights and powers of an adult where the court finds the adult lacking sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety. Even residents who have been adjudicated incapacitated and to whom a guardian has been appointed retain some rights. These residents need to have their desires and preferences considered even if the guardian has the legal responsibility over that decision.
Immediate Family: A member of the household or adult relative with whom there is a close personal or significant relationship. Examples include father, mother, son, daughter, brother, sister, aunt, uncle, first cousin, nephew, niece, wife, husband, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepparent, stepbrother, stepsister, stepchild, half-sister, half-brother, grandparent or grandchild. This definition is limited to conflict of interest only.
Information & Assistance: Services which provide information to individuals on long-term care or the needs/rights of long-term care residents.
In-Service Education to a Facility: Presentations to long-term facility staff on long-term care issues. Each Ombudsman district is required to do five (5) In-Service Education seminars per federal fiscal year.
Legal Representative: An agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care or health care agent under an advance health care directive; or an executor or administrator of the estate of a deceased resident. Residents who have a legal representative with decision-making power retain their ability to participate in their own care and to exercise their rights.
Local Long-Term Care Ombudsman: An individual designated by the SLTCO to be an advocate for residents in long-term care facilities to protect their health, safety, welfare and rights.
Long-Term Care: Refers to extended medical and social services required by people with chronic conditions to help them live as independently as possible despite significant challenges. It may be delivered in community settings (adult day care), institutionalized settings (nursing homes) or informal settings (home of friends or family).
Long-Term Care Facility: Any skilled nursing facility, extended care home, intermediate care facility, personal care home or boarding home which is subject to regulation or licensure by the State Department of Health (Mississippi Code § 43-7-55).
Neglect: It is the failure to care for a person in a manner which would avoid physical or emotional harm or pain, or the failure to react to a situation which may be harmful. It may or may not be intentional.
Not Verified: It is determined after work (interviews, record inspection, observations, etc.) that the circumstances described in the complaint are not accurate.
Office of State Long-Term Care Facilities Ombudsman: Organizational unit in MS which is led by the State Long-Term Care Ombudsman. The organizational unit consists of the SLTCO only.
PNA (Personal Needs Allowance): After an applicant is determined eligible for Medicaid in a nursing facility, the individual is required to pay toward the cost of their care if income allows. This is referred to as Medicaid Income. It is total income less allowable deductions. PNA is one such deduction. It is currently $44 per month. Veterans and surviving spouses who receive a $90 VA pension get a $90 PNA. Medicaid Income is not paid by a HCBS participant.
Representatives of the Office: District, local or volunteer ombudsmen selected by an area agency on aging who have been designated by the State Ombudsman to act as resident advocates on behalf of the state.
Resident: Any resident, prospective resident, prior resident or deceased resident of any long-term care facility, regardless of age.
Resident Council: Residents of long-term care facilities and/or facility staff that meet regularly to discuss issues relating to their care and quality of life. Assisted living facilities are not required by federal law to facilitate meetings, unlike nursing homes.
Resident Representative: means either:
Resolved: This is how the complaint has been resolved depending on the resident's satisfaction. It can either be partially resolved, not resolved or resolved to the satisfaction of the resident.
Skilled Nursing Facility (SNF): Facility in which medical care must be provided 24-hours by trained individuals, such as a registered nurse and physical, speech and occupational therapists. Examples of skilled nursing services include wound care, intravenous (IV) therapy, injections, physical therapy, and monitoring of vital signs & medical equipment.
State Long-Term Care Ombudsman (SLTCO): An individual who is the head of the Ombudsman Program for the State of Mississippi on a full-time basis to fulfill the duties and responsibilities of Older Americans Act. Said individual is responsible for ensuring that all residents of long-term care facilities in Mississippi have adequate access to the services of the LTCOP and that each AAA has at least one designated ombudsman.
Systems Advocacy: Activities which support and promote issues which benefit a group of long-term care residents.
Volunteer Ombudsman: An individual over 18 years old who has completed a Certification Training prescribed by the State Ombudsman Program and is designated to act as a representative to participate in the ombudsman program.
Willful Interference: means the actions or inactions taken by an individual in an attempt to intentionally prevent or interfere with the State Ombudsman Program from performing any of their functions or duties.
WellSky: The statewide reporting system used to collect data relating to complaints, consultations, training provided, and other activities of the ombudsman program. This data is used when submitting the NORS annual report to the AOA. It is due by January 31st of each year and represents information from the previous federal fiscal year (Oct. 1st-Sept. 30th).
18 Miss. Code. R. 26-1-B