Current through Register Vol. XLI, No. 45, November 8, 2024
Section 64-85-2 - Definitions2.1. Activities of daily living -- The activities that individuals generally perform regularly in the course of maintaining their physical selves, such as eating, dressing, oral hygiene, toileting, personal grooming, and moving themselves from one location to another, as for example, in moving from a bed to a chair, or from one (1) room to another.2.2. Advertise. -- To make publicly and generally known, usually by printed notice or broadcast.2.3. Alzheimer's/Dementia Special Care Units and Programs 2.3.a. Alzheimer's/Dementia Special Care Programs. -- Any licensed facility, as defined in this rule, that provides specialized services, for a specified number of hours, for residents with a diagnosis of alzheimer's disease or a related dementia; and that advertises, markets, or otherwise promotes the facility as providing specialized alzheimer's/dementia care services.2.3.b. Alzheimer's/Dementia Special Care Units. -- Any licensed facility, as defined in this rule, that provides specialized services, twenty-four (24) hours per day, in a specialized unit in the facility, for residents with a diagnosis of alzheimer's disease or related dementia; and that advertises, markets, or otherwise promotes the facility as providing a specialized unit for residents requiring alzheimer's/dementia care services.2.4. Alzheimer's disease. -- A progressive, neurodegenerative disease characterized by a loss of function and death of nerve cells in several areas of the brain, leading to loss of mental functions such as memory and learning. This disease is considered to be the most common form of dementia.2.5. Dementia. -- A deterioration of intellectual function and other cognitive skills, leading to a decline in the ability to perform activities of daily living.2.6. Disclosure. -- The disclosure required by W. Va. Code § 16-5R-4, which is a written document prepared by the facility and provided to individuals and their families, prior to admission of the resident, to disclose the form of care or treatment provided that distinguishes it as being especially applicable to, or suitable for, individuals.2.7. Legal Representative[1]. - 2.7.a. A conservator, temporary conservator or limited conservator appointed pursuant to the West Virginia guardianship and conservatorship act, W. Va. Code, § 44A-1-1 l et seq., within the limits set by the order;2.7.b. A guardian, temporary guardian or limited guardian appointed pursuant to the West Virginia guardianship and conservatorship act, W. Va. Code, § 44A-1-1 et seq., within the limits set by the order;2.7.c. An individual appointed as committee or guardian prior to June 9, 1994, within the limits set by the appointing order and W. Va. Code § 44A-1-2(d);2.7.d. An individual having a medical power of attorney pursuant to the West Virginia health care decisions act, W. Va.. Code § 16-30-1 et seq., within the limits set by the law and the appointment;2.7.e. An individual named as representative payee under the United States social security act, title 42 U.S.C. §301 et seq., within the limits of the payee's legal authority;2.7.f. A health care surrogate appointed pursuant to the West Virginia health care decisions act, W. Va. Code § 16-30-1 et seq., within the limits set by the appointment;2.7.g. An attorney in fact appointed with power of attorney under common law or pursuant to uniform durable power of attorney, W. Va. Code § 39-4-1 et seq., within the limits set by the appointment; or [1] Owners and administrators should note that the various types of legal representatives do not necessarily have the lawful authority to act on behalf of the resident in all matters that may require action by a legal representative. For example, a conservator may have responsibility for financial affairs, but not personal affairs, such as medical care.
2.7.h. An individual lawfully appointed in a similar or like relationship of responsibility for a resident under the laws of this state, or another state or legal jurisdiction, within the limits of the applicable statute and appointing authority; and2.7.i. Who has no financial ties to the health care facility.2.8. Market. -- To expose for sale or promotion. This includes but is not limited to individual letters written to prospective users or purchasers of services, brochures and advertisements.2.9. Promote. -- To advocate the adoption or use of; to try to sell or popularize by publicity.