Section 175-16-002 - DEFINITIONS Definitions set out in the Health Care Facility Licensure Act, 175 Nebraska Administrative code (NAC) 1, and the following apply to this chapter.
002.01ABUSE. Any knowing, intentional, or negligent act or omission on the part of a person which results in physical, sexual, verbal, or mental abuse, unreasonable confinement, cruel punishment, exploitation, or denial of essential care, treatment, or services to a consumer.002.02ADVANCE DIRECTIVES. Advance directives include living wills, durable powers of attorney, powers of attorney for health care, or other instructions recognized by state law that relate to the provision of medical care if the individual becomes incapacitated.002.03APARTMENT. A portion of a building that contains: living and sleeping areas; storage room(s); separate room(s) containing a toilet, lavatory, and bathtub or shower; and a kitchen area with a sink, cooking, and refrigeration appliances.002.04BASIC THERAPEUTIC CARE. Basic therapeutic care has the meaning found in Neb. Rev. Stat. § 71-6602.002.05BATHING SERVICES. Assisting an individual to perform bathing activities including, but not limited to, performing a sponge bath, a bed bath, a tub bath, or a shower. This includes, but is not limited to, assisting an individual into and out of the tub bath or shower.002.06BEREAVEMENT COUNSELING. Counseling services provided to the consumer and the consumer's family prior to the consumer's death and to the family after the consumer's death.002.07BEREAVEMENT SERVICES. Services provided under the supervision of a qualified professional including a plan of care for bereavement service that reflects family needs and a clear delineation of services to be provided for not less than one year following the death of the hospice consumer.002.08CAREGIVER. A caregiver has the same meaning as caretaker found in Neb. Rev. Stat. § 71-6721.002.09CERTIFIED SOCIAL WORKER. A person who has received a baccalaureate or master's degree in social work from an approved educational program and holds a current certificate issued by the Department.002.10CHEMICAL RESTRAINT. A psychopharmacologic drug that is used for discipline or convenience and is not required to treat medical symptoms.002.11DEVICE. An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a medical practitioner and dispensed by a pharmacist or other person authorized by law to do so.002.12DWELLING. A building that contains: living and sleeping areas; storage rooms; separate rooms containing a toilet, lavatory, and bathtub or shower; and a kitchen area with a sink and cooking and refrigeration appliances.002.13EMPLOYEE. An employee, for the purpose of this chapter, is an employee of the hospice or, if the hospice is a subdivision of an agency or organization, an employee of the agency or organization who is appropriately trained and assigned to the hospice. Employee also refers to a volunteer under the jurisdiction of the hospice.002.14EXPLOITATION. The taking of property of a consumer by means of undue influence, breach of a fiduciary relationship, deception, or extortion, or by any unlawful means.002.15FOOD CODE. The Nebraska Food Code as defined in Neb. Rev. Stat. § 81-2,244.01 and as published by the Nebraska Department of Agriculture, except for compliance and enforcement provisions in the food code.002.16GEOGRAPHIC AREA SERVED. Includes all counties pre-approved by the Department where the hospice can provide hospice care, treatment and services. Counties must be contiguous with the county where the parent hospice is located and travel distance between the county seat for the parent hospice to the county seat for all Department-approved counties must not exceed 150 miles.002.17HEALTH CARE. Any treatment, procedure, or intervention to diagnose, cure, care for, or treat the effects of disease, injury, and degenerative conditions.002.18HOME. The consumer's permanent or temporary residence.002.19HOME HEALTH AIDE. Home health aide has the meaning found in Neb. Rev. Stat. § 71-6602.002.20HOME HEALTH AIDE SERVICES. The use of a trained, supervised paraprofessional to provide one or more of the following: personal care, assistance with activities of daily living, or basic therapeutic care, to consumers of a hospice or hospice service.002.21HOMEMAKER. A person employed by, or a volunteer of, a hospice to provide domestic services including, but not limited to, meal preparation, laundry, light housekeeping, errands, and chore services as defined by hospice policy.002.22HOSPICE INTERDISCIPLINARY TEAM. The attending physician, hospice medical director, registered nurse, certified social worker, pastoral or other counselor, and, as determined by the interdisciplinary plan of care, providers of special services, such as mental health services, pharmacy services, home health aides, trained volunteers, dietary services, and any other appropriate health services, to meet the physical, psychosocial, and spiritual needs which are experienced during the final stages of illness, dying, and bereavement.002.23HOSPICE CONSUMER. A consumer who is diagnosed as terminally ill with a medical prognosis that the consumer's life expectancy is 6 months or less if the illness runs its normal course and who with informed consent is admitted into a hospice program.002.24INPATIENT. A person who receives, or is to receive, 24-hour care, treatment, or services and is admitted to the hospital or inpatient facility by a physician.002.25INPATIENT HOSPICE FACILITY. A facility in which the hospice provides inpatient care, treatment, or services directly for respite and general inpatient care.002.26MEDICAL DIRECTOR. A hospice employee or contracted individual who is a doctor of medicine or osteopathy who is responsible for the overall coordination of medical care, treatment and services provided by the hospice.002.27MEDICAL PRACTITIONER. Any licensed physician, osteopathic physician, dentist, podiatrist, optometrist, chiropractor, physician assistant, certified registered nurse anesthetist, advanced practice registered nurse, or certified nurse midwife.002.28MEDICATION REMINDERS. Verbal reminders to a person to take the person's medication which does not include touching or handling of the medication or the container where the medication is stored. Medication reminders do not include administration or provision of medication as defined in the Medication Aide Act and related regulations.002.29MENTAL ABUSE. Humiliation, harassment, threats of punishment or deprivation, or other actions causing mental anguish.002.30MULTIPLE LOCATIONS. Those locations from which the parent hospice has been approved by the Department to provide the same full range of hospice core services provided by the parent hospice issued the license within a portion of the total approved geographic area served by the parent hospice. Multiple locations are part of the parent hospice and share administration, supervision and services with the parent hospice on a daily basis.002.31NEGLECT. Failure to provide care, treatment, or services necessary to avoid physical harm or mental anguish of a consumer.002.32PALLIATIVE CARE. Treatment directed at controlling pain, relieving other physical and emotional symptoms, and focusing on the special needs of the hospice consumer and hospice consumer's family as they experience the dying process rather than treatment aimed at cure or prolongation of life.002.33PARENT HOSPICE. The hospice issued the license and is responsible for consumer admissions; care, treatment, and services provided to consumers and the consumer's family; implementation of the plan of care; and ensuring administrative and supervisory control of its multiple locations.002.34PHYSICAL ABUSE. Hitting, slapping, pinching, kicking, or other actions causing injury to the body.002.35PHYSICAL RESTRAINT. Any manual method or physical or mechanical device, material, or equipment attached or adjacent to the consumer's body that the consumer cannot remove easily and that restricts freedom of movement or normal access to the consumer's own body.002.36PHYSICIAN. An individual authorized to practice as a physician under the Uniform Credentialing Act to practice medicine and surgery or osteopathic medicine and surgery.002.37RESPITE. An interval of rest or relief provided for the caregiver of a consumer who is a recipient of hospice services.002.38RESPITE CARE. A person or any legal entity, not otherwise licensed under the Health Care Facility Licensure Act, which provides short term care or related services on an intermittent basis to persons with special needs when the person's regular caregiver is unavailable to provide such care or services and such care or services are not provided at a health care facility licensed under the Act.002.39SEXUAL ABUSE. Sexual harassment, sexual coercion, or sexual assault.002.40STAFF. An individual who is a direct or contracted employee of the hospice. Staff also refers to a volunteer of the hospice.002.41SUPERVISION. The daily observation and monitoring of the consumer by direct care staff and oversight of staff by the administrator or administrator's designee.002.42TERMINAL CONDITION. An incurable and irreversible medical condition caused by injury, disease, or physical illness which, to a reasonable degree of medical certainty, will result in death within six months regardless of the continued application of medical treatment including life-sustaining procedures.002.43VERBAL ABUSE. The use of oral, written, or gestured language including disparaging and derogatory terms to consumers or within hearing distance of the consumer or within the consumer's sight.002.44VOLUNTEER. An individual specifically trained and supervised to provide support and supportive services to the hospice consumer and hospice consumer's family under the supervision of a designated hospice volunteer coordinator. A volunteer does not include an individual who provides care, treatment, home health aide services, or medication aide services.002.455 RIGHTS. 5 rights has the meaning found in Nebr. Rev. Stat. § 71-6721.175 Neb. Admin. Code, ch. 16, § 002
Amended effective 6/2/2024