Section 15-6-002 - DEFINITIONS002.01ADULT PROTECTIVE SERVICES. The Adult Protective Services program of the Nebraska Department of Health and Human Services.002.02AGENCY. Any entity seeking designation or redesignation by the Department to operate and administer a local long-term care ombudsman program in accordance with Neb. Rev. Stat. §§ 81-2237 to 81-2264 and with these rules and regulations.002.03CONFLICT OF INTEREST. The existence of any interest which impairs an individual's ability to carry out his or her official duties in an impartial manner.002.04CONTINUING CARE COMMUNITY. Any facility which provides care to an individual pursuant to an agreement effective for life, at the same or another location; housing; and at a minimum, access to health-related services, that is, priority for nursing home admission or assistance in the activities of daily living, except convenience services such as meals and housekeeping, or a system of managed health care.002.05DEPARTMENT. The Nebraska Department of Health and Human Services.002.06DIRECTOR. The Director of the Nebraska State Unit on Aging.002.07LOCAL LONG-TERM CARE OMBUDSMAN. A representative of the Office, other than the State Long-Term Care Ombudsman, of a local program, who is trained and certified by the Office of the State Long-Term Care Ombudsman to carry out duties in accordance with these rules and regulations.002.08LOCAL LONG-TERM CARE OMBUDSMAN PROGRAM. The public or private and non-profit entity designated by the Office to provide long-term care ombudsman services within a designated region of the state as defined in the Older Americans Act and in accordance with these rules and regulations.002.09LONG-TERM CARE FACILITY. Those facilities defined in Neb. Rev. Stat. § 71-2017.01, which are licensed or otherwise regulated to provide continuous care.002.10OFFICE. The Office of the State Long-Term Care Ombudsman as established by the Department.002.11 OLDER AMERICANS ACT. The Older Americans Act of 1965, as amended.002.12 OMBUDSMAN ADVOCATE. A volunteer of the Office, who is trained and certified by the Office of the State Long-Term Care Ombudsman to carry out duties in accordance with these rules and regulations.002.13REPRESENTATIVE OF THE OFFICE. An employee or volunteer of the Office who is trained and certified by the Office to carry out duties in accordance with these rules and regulations.002.14 RESIDENT REPRESENTATIVE. 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 on 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; or(D) The court-appointed guardian or conservator of a resident.002.15STATE LONG-TERM CARE OMBUDSMAN. The employee appointed by the Department's Chief Executive Officer to be responsible for the implementation of the Long-Term Care Ombudsman Program in accordance with the Older Americans Act of 1965, 42 U.S.C. Sections 3058f-3058h, as amended; 42 CFR Sections 483.10 through 483.13, Neb. Rev. Stat. §§ 81-2237 to 81-2264 and these rules and regulations.15 Neb. Admin. Code, ch. 6, § 002
Adopted effective 9/21/2020