Current through December 3, 2024
Section 210-RICR-50-00-7.3 - DefinitionsA. As used herein, the following terms are defined as follows:1. "Assisted living residence" means a publicly or privately operated residence that provides directly or indirectly by means of contracts or arrangements personal assistance and may include the delivery of limited health services, as defined under R.I. Gen. Laws § 23-17.4-2(12), to meet the resident's changing needs and preferences, lodging, and meals to six (6) or more adults who are unrelated to the licensee or administrator, excluding however, any privately operated establishment or facility licensed pursuant to R.I. Gen. Laws Chapter 23-17 and those facilities licensed by or under the jurisdiction of the Department of Behavioral Healthcare, Development Disabilities and Hospitals, the Department of Children, Youth, and Families, or any other state agency.2. "Department of Human Services" or "DHS" means the State agency established under the provisions of R.I. Gen. Laws Chapter 40-1 that is empowered to administer certain human services. The DHS has been delegated the authority through an interagency service agreement with the Executive Office of Health and Human Services (EOHHS), the Medicaid Single State Agency, to determine Medicaid eligibility in accordance with applicable State and federal laws, rules and regulations.3. "Executive Office of Health and Human Services" or "EOHHS" means the state agency established in 2006 under the provisions of R.I. Gen. Laws Chapter 42-7.2 within the executive branch of state government which serves as the principal agency for managing the Departments of Children, Youth, and Families (DCYF); Health (DOH); Human Services (DHS); and Behavioral Healthcare, Developmental Disabilities, and Hospitals (BHDDH).4. "Intermediate care facility for persons with intellectual/developmental disabilities" or "ICF/ID" means a State-licensed health care facility that provides long-term services and supports to persons with intellectual/developmental disabilities.5. "Long-term care facility" means and includes nursing facilities (NF), assisted living residences (ALR), long-term care hospitals (LTH), and intermediate care facilities for persons with intellectual/ developmental disabilities (ICF-I/DD). Assisted living residences are also included for this rule only, although not licensed as health care facilities under R.I. Gen. Laws Chapter 23-17.6. "Nursing facility" means an institutional setting that provides long-term care and is licensed in accordance with R.I. Gen. Laws Chapter 23-17, "Licensing of Health Care Facilities."7. "Resident representative" means 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 but not limited to 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, as used in §712 of the Older Americans Act (P.L. 114-144); ord. The court-appointed guardian or conservator of a resident.e. Nothing in this rule is intended 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.8. "Transfer" or "discharge" means movement of a resident to a bed outside of the long-term care facility whether that bed is in the same physical plant or not. "Transfer" or "discharge" does not refer to the movement of a resident to a bed within the same long-term care facility.210 R.I. Code R. 210-RICR-50-00-7.3