Section 218-RICR-40-00-1.2 - Definitions1.2.1Definitions A. For the purpose of these rules and regulations, the following words and phrases shall be construed as follows: 1. An "act" of any facility or government agency includes any failure or refusal to act by any facility or government agency.2. "Client" and "Resident", as used herein, shall have the same meaning.3. "Department" means the Rhode Island Department of Human Services, Division of Elderly Affairs.4. "Director" means the Director of the Division of Elderly Affairs or his/her designated agent.5. "Division" means the Division of Elderly Affairs.6. "Elderly" means any individual sixty (60) years of age or older who is a resident of any facility.7. "Facility" means any facility or institution, home care provider, home hospice care provider or home nursing care provider, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. "Facilities" include, but are not limited to, nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, home care agencies, homes for the aged, veterans' homes, boarding homes, and adult supportive care, residential care and assisted living residences.8. "Financial interest" means an ownership interest or investment in a facility by a representative of the Office or a relative of the representative of the Office.9. "Governing body" means a. a public agency within which the Office is located; orb. the board of directors of any non-profit organization within which the Office is located, however named, charged with overall responsibility for the activities of the organization, as delineated in its articles of incorporation, by-laws and/or other legally adopted document(s) related to the organization's governance. 10. "Government agency" means any federal or state agency responsible for the administration of benefits to the elderly. This shall include, but not be limited to, any such agency responsible for the administration of programs affecting residents of long term care facilities.11. "Immediate family" pertaining to conflicts of interest as described in §712(a)(5) of the Older American Act, 42 U.S.C. § 3058g, as amended, means a member of the household or a relative with who there is a close personal or significant financial relationship.12. "Interfere" means willing and continuous conduct which prevents the ombudsperson from performing her or his official duties.13. "Legal Representative" means a guardian appointed by a court of competent jurisdiction or the holder of a valid power of attorney with the authority to act on the matter at issue as specifically set forth in that power of attorney.14. "Office of the State Long Term Care Ombudsperson" or "Office" means the organizational unit headed by the State Long Term Care Ombudsman, including the representatives of the Office.15. "Official duties" means responsibilities pursuant to the long term care ombudsperson program authorized by the federal Older Americans Act or the long term care ombudsperson program authorized by state law and carried out under the auspices and general direction of the state long term care ombudsperson.16. "Ombudsperson" shall have the meaning set forth in §1.3.1 of this Part below.17. "Person" means any individual, trust, or estate, partnership, limited liability corporation, corporation (including associations, joint stock companies, and insurance companies), state, or political subdivision or instrumentality of a state.18. "Public agency" means any department, division, office, bureau, board, commission, authority, or any other agency or instrumentality created by any municipality or by the state, or to which the state is a party.19. "Relative" means a member of the immediate family.20. "Remedy" means an action, restriction of action, restriction of contact, or other means proposed to the Division that would neutralize a conflict of interest and ensure that the conflict will not adversely influence the activities of the representative on behalf of the Office.21. "Representatives of the Office of the Long Term Ombudsman or "Representative" means the employees or volunteers designated by the Ombudsperson to fulfill the duties set forth in R.I. Gen. Laws Chapter 42-66.7, as amended, as well as in §712 of the Older Americans Act, as amended, 42 U.S.C. § 3058g.22. "Resident" means any individual age sixty (60) years of age or older who is receiving treatment, care, or housing in any facility in all of its aspects including, but not limited to, admission, retention, confinement, period of residence, transfer, discharge, and in any instances directly related to that status. Residents include patients and clients. Residents shall also include disabled individuals under sixty (60) years of age residing in nursing homes, or clients of residential and assisted living facilities and home care providers/home hospice care providers/home nursing care providers and long term care units at the Eleanor Slater Hospital, including the Zambarano facility.23. "Waiver" means the Division has determined that sufficient circumstances exist to eliminate a conflict of interest and the need to remedy a conflict of interest.218 R.I. Code R. 218-RICR-40-00-1.2