Section 175-5-002 - DEFINITIONSThe definitions in the Health Care Facility Licensure Act, in 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 care, treatment or services to a consumer.002.02AGREEMENT OF PARTICIPATION. A written agreement negotiated between the adult day service and the consumer served or designee.002.03CAREGIVER. For the purpose of this chapter, has the same meaning as caretaker found in Neb. Rev. Stat. § 71-6721.002.04COMMUNITY-BASED. Serving consumers at a defined location outside of the consumer's home or a health care facility not licensed as an adult day service.002.05DEVICE. 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.002.06EVALUATION. A written action plan based on the identified needs of the consumer and the strategy for providing care to meet those needs.002.07EXPLOITATION. 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.002.08FOOD 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.002.09FUNCTIONAL IMPAIRMENT. A condition marked by physical disabilities such as sensory loss, loss of mobility, incontinence, loss of speech, and, mental or emotional disabilities such as social isolation, depression, or behavioral disorders.002.10MENTAL ABUSE. Humiliation, harassment, threats of punishment or deprivation, or other actions causing mental anguish.002.11NEGLECT. A failure to provide care, treatment, or services necessary to avoid physical harm or mental anguish of a consumer.002.12PHYSICAL ABUSE. Hitting, slapping, pinching, kicking, or other actions causing injury to the body.002.13SERVICE PLAN. A written action plan based on evaluation and assessment data that identifies the consumer's needs and the strategy for addressing care, treatment, and services to meet those needs within the scope of the adult day service.002.14SEXUAL ABUSE. Sexual harassment, sexual coercion, or sexual assault.002.15SOCIAL SERVICES. Those activities that assist the consumer in carrying out their therapeutic activities as outlined in their agreement of participation.002.16SUPERVISION. The daily observation and monitoring of the consumer by direct care staff and oversight of staff by the administrator or administrator's designee.002.17SUPPORTIVE SERVICES. Services which support personal care, provision of medications, activities of daily living, and health maintenance activities.002.18THERAPEUTIC ACTIVITY. A professionally directed set of actions designed to improve, maintain or lessen the decline of physical, cognitive, or social functioning.002.19VERBAL ABUSE. The use of oral, written, or gestured language including disparaging or derogatory terms to consumers or within hearing distance of the consumer or within the consumer's sight.002.205 RIGHTS. The meaning found in Neb. Rev. Stat. § 71-6721.175 Neb. Admin. Code, ch. 5, § 002
Amended effective 3/20/2024