Indiana Administrative Code
Title 455 - DIVISION OF AGING
Article 1 - AGING
Rule 8 - Indiana Long Term Care Ombudsman Program
Section 8-2 - Definitions

Universal Citation: 455 IN Admin Code 8-2

Current through September 18, 2024

Authority: IC 12-9.1-2-3; IC 12-10-13-17

Affected: IC 12-9-1-1; IC 12-10-3; IC 12-10-13-3.3; IC 16-18-2-167

Sec. 2.

(a) The definitions in this section apply throughout this rule.

(b) "Adult protective services program" means the program established under IC 12-10-3.

(c) "Adult protective services unit" means the unit defined in 455 IAC 1-2-2.

(d) "Conflict of interest" means that other interests intrude upon, interfere with, threaten to negate, or give the appearance of interfering with or negating the ability of the state ombudsman, state level staff of the office, local ombudsmen, volunteers, or local ombudsman entities to advocate without compromise on behalf of residents of long term care facilities. It also means any situation that would create a reasonable appearance of a conflict of interest.

(e) "Consult" or "consultations" means to share information with and to keep apprised.

(f) "Dedesignation" means revocation of the designation of a representative of the office or a local ombudsman entity by the state ombudsman.

(g) "Division" means the division of disability, aging, and rehabilitative services established in IC 12-9-1-1. (h) "Financial interest" means the following:

(1) Any ownership or investment interest represented by equity, debt, or other financial relationship in a long term care facility, long term care service, or home care organization; or

(2) The right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation agreement with an owner or operator of a long term care facility or home care organization.
(i) "Health facility" or "nursing facility" means a facility as defined in IC 16-18-2-167.

(j) "Identifying information" means the name, age, address, social security number, telephone number, name of facility, diagnosis, physical disability, or any other information that may be used to identify the individual or individuals to whom the complaint refers, or the individual or individuals making the complaint.

(k) "Immediate family member" means a spouse, parent, stepparent, brother, sister, stepbrother, stepsister, child, or stepchild.

(l) "Legal representative" has the meaning specified in IC 12-10-13-3.3.

(m) "Local ombudsman" means an individual designated by the state ombudsman under section 8 of this rule.

(n) "Local ombudsman entity" means an entity designated by the state ombudsman under section 5 of this rule as the entity to house the local ombudsman.

(o) "Long term care facility" or "facility" means a health facility or an adult care home.

(p) "Office" means office of the state long term care ombudsman established under IC 12-10-13.

(q) "Officer" means the president, vice-president, chairperson, director, executive director, or chief executive officer of an agency or entity.

(r) "Person" means an association, a corporation, a limited liability company, an individual, a governmental agency, or a partnership.

(s) "Program" means the long term care ombudsman program authorized under IC 12-10-13 and 42 U.S.C. 3058g.

(t) "Program records" means the following:
(1) The medical, financial, and social records of residents or clients obtained for the purpose of identifying, investigating, or attempting to resolve a complaint or concern by or on behalf of residents or clients.

(2) Records obtained which are necessary for the investigation of a complaint by or on behalf of residents or clients.

(3) Administrative records, policies, and documents of long term care facilities and home care service organizations obtained during the process of investigating or attempting to resolve a complaint or concern.

(4) Any data relating to complaints and conditions in long term care facilities or home care organizations.

(5) Any other records compiled and maintained by representatives of the office in carrying out their duties pursuant to this rule. (u) "Representative of the office" means the state ombudsman, other state level ombudsman staff, local ombudsmen, or volunteer ombudsmen.

(v) "Resident" means the resident of a long term care facility.

(w) "State long term care ombudsman" or "state ombudsman" means an individual appointed by the director of the division.

Transferred from the Division of Disability and Rehabilitative Services ( 460 IAC 1-7-2) to the Division of Aging ( 455 IAC 1-8-2) by P.L. 153-2011, SECTION 21, effective July 1, 2011.

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