Code of Massachusetts Regulations
101 CMR - EXECUTIVE OFFICE FOR HEALTH AND HUMAN SERVICES
Title 101 CMR 30.00 - Statewide Long-term Care Ombudsman Program
Section 30.02 - Definitions

As used in 10 CMR 30.00, unless the context requires otherwise, these terms will have the following meanings.

Access. The authority of an ombudsman representative to enter any facility to:

(1) perform the actions and duties of the Ombudsman Program as set forth in 101 CMR 30.00;

(2) meet with residents to obtain permission to conduct an investigation of a complaint;

(3) obtain the name and contact information of all resident representatives;

(4) review medical, social, and other relevant records with the consent of the resident or the resident representative; or

(5) with the consent and approval of the State Ombudsman, review medical, social, and other records of a resident who is unable to give informed consent and has no resident representative.

Area Agency on Aging (AAA). A public agency or nonprofit organization designated by the Executive Office of Elder Affairs (EOEA) in a planning and service area under the Older Americans Act, 42 U.S.C. 3025, which is responsible for developing and administering an area plan as defined under 42 U.S.C. 3026.

Case. An inquiry brought to or initiated by the State Ombudsman or ombudsman representative on behalf of a resident or group of residents. A case includes the complaint, or multiple related complaints, the Ombudsman Program investigation, strategy for resolution, and related records.

Certification. The process by which a person associated with a local ombudsman program, or the Statewide Long-term Care Ombudsman Program, who after completing the training and other criteria set forth in 101 CMR 30.09, now qualifies to be certified and designated by the State Ombudsman to be an ombudsman representative.

Complainant. A resident, resident representative, or an individual, organization, or government agency, including the State Ombudsman or ombudsman representative, who files or initiates a complaint with the Ombudsman Program.

Complaint. A concern brought to, or initiated by, the State Ombudsman or an ombudsman representative for investigation and action on behalf of one or more residents relating to the health, safety, welfare, rights, or quality of life of one or more residents, including the failure of a facility, organization, or government agency to comply with governing statutes or regulations.

Conflict of Interest. A situation where an interest may intrude upon, interfere with, threaten to negate, or give the appearance of interfering with or undermining the impartiality of a person and their ability to act without compromise due to competing duties or obligations. A conflict of interest includes an individual or organizational conflict of interest as set forth in 101 CMR 30.16(1) and (2).

EOHHS. The Executive Office of Health and Human Services established under M.G.L. c. 6A.

EOEA. The Massachusetts Executive Office of Elder Affairs established under M.G.L. c. 19A.

Facility. A long-term care facility subject to licensure by the Massachusetts Department of Public Health pursuant to M.G.L. c. 111, § 71 or 42 U.S.C. 3001 et seq., or an assisted living residence certified by the Executive Office of Elder Affairs pursuant to M.G.L. c. 19D.

Facility Administrator. A person:

(1) who is licensed under M.G.L. c. 112, §§ 108 through 117 to administer, manage, supervise, or have general administrative charge of a long-term care facility, whether or not such individual has an ownership interest in such entity and whether his or her functions and duties are shared with one or more individuals, or a suitable and responsible person who administers, manages, supervises, or is in general administrative charge of a rest home as further defined in 105 CMR 150.002: Standards for Long-term Care Facilities; or

(2) who has general administrative charge of an assisted living residence certified pursuant to M.G.L. c. 19D and 651 CMR 12.00: Certification Procedures and Standards for Assisted Living Residences.

Host Agency. An agency designated by the State Ombudsman to house and support a local ombudsman program for a specific geographic area. Only an AAA, a public agency, or a nonprofit organization may be designated as a host agency.

Informed Consent. The process of informing a resident of the risks and benefits associated with certain actions and decisions that results in the resident's authorization or agreement to proceed. For purposes of 101 CMR 30.00, informed consent should be confirmed in writing, including through the use of auxiliary aids and services as necessary. If written consent is not possible, consent may be obtained orally or visually, including through the use of auxiliary aids and services, provided such consent is documented contemporaneously.

Local Ombudsman Program. A program operating in a designated host agency to carry out the functions of the Ombudsman Program for an assigned geographic area. A local ombudsman program comprises a local ombudsman program director and ombudsman representatives employed by or associated with the host agency and designated and certified by the State Ombudsman to act as ombudsman representatives in that geographic area.

Local Ombudsman Program Director (also known as a Local Program Director). An individual employed by or associated with a local ombudsman program as the director with the responsibility for the operation of a local ombudsman program and who is certified and designated as such by the State Ombudsman pursuant to M.G.L. c. 6A, § 16CC, and 101 CMR 30.09(1).

Ombudsman Representative. An employee or volunteer of the Ombudsman Program or a local ombudsman program, who has been certified and designated by the State Ombudsman to act as a representative of the Ombudsman Program.

Resident. A person who is receiving treatment or care in a facility including, but not limited to, application or admission, retention, confinement, commitment, period of residence, transfer, discharge, and instances directly related to such status.

Resident Representative.

(1) An individual chosen by the resident to act on the resident's behalf to support the resident in decision-making: access the resident's medical, social, or other personal information; manage financial matters; or receive notifications;

(2) A person authorized by state or federal law including, but not limited to, agents under power of attorney, health care proxy, representative payees, and other fiduciaries, to act on behalf of the resident in order to support the resident in decision-making: access the resident's medical, social, or other personal information; manage financial matters; or receive notifications;

(3) A legal representative, as used in section 712 of the Older Americans Act; or

(4) The court-appointed guardian or conservator of the resident.

(5) Nothing in this regulation is intended to expand the scope of authority of a resident representative beyond the authority specifically authorized by the resident, state or federal law, or a court of competent jurisdiction.

State Long-term Care Ombudsman (also referred to as State Ombudsman). An individual appointed by the Secretary of EOHHS pursuant to M.G.L. c. 6A, § 16CC(b) and in accordance with 42 U.S.C. 3001, et seq., to direct the Statewide Long-term Care Ombudsman Program.

Statewide Long-term Care Ombudsman Program (also referred to as the Ombudsman Program). The statewide ombudsman program established by EOHHS for the purpose of advocating on behalf of residents, operated separately and independently from EOHHS, and directed by the State Ombudsman pursuant to M.G.L. c. 6A, § 16CC, and in accordance with 42 U.S.C. 3001 et seq. The State Ombudsman Program includes the local ombudsman programs.

Willful Interference. The actions or inactions taken by an individual in an attempt to intentionally prevent, interfere with, or attempt to impede the State Ombudsman or an ombudsman representative from performing the functions or responsibilities of the Ombudsman Program.