Section Omb 402.01 - Definitions(a) "Abuse" means "abuse" as defined in RSA 161-F: 43.(b) "Adult protection" means the program administered by the department of health and human services that investigates reports of abuse, neglect, and exploitation of vulnerable adults and carries out the responsibilities set forth in RSA 161-F:42-57.(c) "Bureau of Health Facilities Administration (BHFA)" means the bureau within the department of health and human services responsible for licensing health care facilities in accordance with RSA 151, and conducting surveys of nursing facilities to ensure compliance with Medicaid certification requirements.(d) "Case" means each inquiry brought to or initiated by the long-term care ombudsman on behalf of a resident, or group of residents, regarding one or more complaints or problems, which requires the opening of a case file that summarizes the investigation activities of the long-term care ombudsman representative.(e) "Certified ombudsman volunteer representatives" mean individuals trained and supervised in accordance with Omb 411.01, Omb 411.02.(f) "Complainant" means a resident of a facility who reports a complaint, or a person acting for or on behalf of a resident, including but not limited to, a family member, friend, facility, staff member, or representative of a citizen's organization or government agency.(g) "Complaint" means complaint as defined in RSA 161-F:11, III namely, "a problem, concern, issue or situation identified or received by the office that is made by, or on behalf of, residents that may adversely affect the health, safety, welfare and rights of residents, including the appointment and activities of legal representatives, providers of long-term care services, public agencies and health and social services agencies."(h) "Elderly," means "elderly" as defined in RSA 161-F:11, IV, namely a person aged 60 or older.(i) "Informed consent" means permission provided by the resident or complainant documented in the case file, allowing the OLTCO to investigate a complaint, make a referral, or to share identifying information of the resident or the complainant during the investigation, or referral. Informed consent includes written, oral, or visually communicated permission, including communication through the use of auxiliary aids and services which is documented contemporaneously by the OLTCO in the case file.(j) "Exploitation" means "exploitation" as defined in RSA 161-F: 43, IV.(k) "Facility" means "facility" as defined in RSA 161-F:11, V.(l) "Incapacitated" means a condition of well-being defined in RSA 464-A:2, XI where a resident has been determined to be incapacitated by a court order and a hearing pursuant to RSA 464-A.(m) "Investigation" means the process described in Omb 405 which is followed to obtain and review thoroughly the facts and circumstances of a complaint.(n) "Legal representative" means "legal representative" as defined in RSA 161-F:11, VII, namely "any individual, duly appointed or designated in the manner required by law to act on behalf of another individual, including:(2) A guardian or conservator; and(3) An agent acting pursuant to a power of attorney."(o) "Long-term care ombudsman (LTCO)" means "long-term care ombudsman" as defined in RSA 161-F:11, VIII.(p) "Long-term care ombudsman representative (LTCOR)" means "long-term care ombudsman representative" as defined in RSA 161-F:11, IX.(q) "Neglect" means "neglect" as defined in RSA 161-F: 43, III.(r) "Not verified" means the status of a complaint following an investigation where the LTCO determined that there was insufficient information to substantiate or prove the complaint by a preponderance of the evidence.(s) "Office of the Long-Term Care Ombudsman (OLTCO)" means "Office" as defined in RSA 161-F:11, XI. The term includes the term "office."(t) "Patient personal representative" means "patient personal representative" as defined in RSA 151:19, V namely, "a person, other than the licensee of, an employee of, or a person having a direct or indirect ownership interest in, a facility, who is designated in writing by a patient or patient's legal guardian for a specific, limited purpose for the general purpose of assisting the patient in the exercise of any rights. The term includes personal patient representative."(u) "Resident" means an individual living in a long-term care facility.(v) "Retaliation" means an adverse action taken against a person.(w) "Verified" means the status of a complaint following an investigation where the LTCO determined there was sufficient information to substantiate or prove the complaint by a preponderance of the evidence.(x) "Vulnerable" means "vulnerable" as defined in RSA 161-F:43, VII.(y) "Willful interference" means actions or inactions taken by an individual, or a facility representative or staff, in an attempt to intentionally prevent, interfere with, or attempt to impede the long-term care ombudsman, or long-term care ombudsman representative from performing any of the duties set forth in RSA 161-F:13-19.N.H. Admin. Code § Omb 402.01
Derived From Volume XXXVII Number 41, Filed October 12, 2017, Proposed by #12379, Effective 9/13/2017, Expires 9/13/2027.