Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE
Chapter 17 - INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED
Section 175-17-002 - DEFINITIONS
Active treatment means treatment that meets the requirements specified in 42 CFR 483.440(a).
Activities of daily living (See definition of "Care".)
Adjoining means located to allow access without having to enter a general corridor area used or observed by other facility occupants.
Administrator means the operating officer of an Intermediate Care Facility for the Mentally Retarded and may include titles such as administrator, manager, chief operating officer, director or similar designation.
Admission date means the date of the individual's arrival at the facility.
Applicant means the individual, government, corporation, partnership, limited liability company or other form of business organization who applies for a license.
Care means the exercise of concern or responsibility for the comfort, welfare, and habilitation of persons, including a minimum amount of supervision and assistance with or the provision of personal care, activities of daily living, health maintenance activities, or other supportive services. For purposes of this chapter:
1. Activities of daily living means transfer, ambulation, exercise, toileting, eating, self-administered medication, and similar activities.
2. Health maintenance activities means noncomplex interventions which can safely be performed according to exact directions, which do not require alteration of the standard procedure, and for which the results and individual responses are predictable.
3. Personal care means bathing, hair care, nail care, shaving, dressing, oral care, and similar activities.
Caretaker means a parent, foster parent, family member, friend, or legal guardian who provides care for an individual.
CFR means the Code of Federal Regulations.
Complaint means any expression of concern or dissatisfaction.
Completed application means an application that contains all the information specified in 175 NAC 17-003 and includes all required attachments, documentation, and the licensure fee.
Dementia means the disorders characterized by the development of multiple cognitive deficits, including memory impairment, that are due to the direct physiological effects of a general medical condition (not including trauma), to the persisting effects of a substance, or to multiple etiologies such as the combined effects of cerebrovascular disease and Alzheimer's disease.
Department means the Department of Health and Human Services Regulation and Licensure.
Director means the Director of Regulation and Licensure.
Developmental disability (See definition of "Related Conditions".)
Direction and monitoring means, for the purpose of medication administration, the acceptance of responsibility for observing and taking appropriate action regarding any desired effects, side effects, interactions, and contraindications associated with the medication. Direction and monitoring can be done by a:
1. Recipient with capability and capacity to make informed decision about medications for himself or herself;
2. Recipient-specific caretaker; or
3. Licensed health care professional.
Existing facility means a licensed health care facility or a facility whose construction or remodeling plans were approved by the Department prior to the effective date of 175 NAC 17.
Facility means an intermediate care facility for the mentally retarded.
Five rights means getting the right drug to the right recipient in the right dosage by the right route at the right time.
Food means nourishment or meals directly provided or arranged for the individual by the facility.
Food Code means the Nebraska Food 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.
Foreign when applied to corporations means all those created by authority other than that of the State of Nebraska.
Grievance means a written expression of dissatisfaction which may or may not be the result of an unresolved complaint.
Habilitation services (See definition of "Active Treatment.")
Health care facility means a(n) ambulatory surgical center, assisted-living facility, center or group home for the developmentally disabled, critical access hospital, general acute hospital, health clinic, hospital, intermediate care facility, intermediate care facility for the mentally retarded, long-term care hospital, mental health center, nursing facility, pharmacy, psychiatric or mental hospital, public health clinic, rehabilitation hospital, skilled nursing facility, or substance abuse treatment center.
Health maintenance activities (See definition of "Care".)
Individual means the person served. May also be referred to as person or individual or individual served.
ICF/MR means intermediate care facility for the mentally retarded.
Licensee means the individual, government, corporation, partnership, limited liability company, or other form of business organization legally responsible for the operation of the facility and to whom the Department has issued a license.
Medical practitioner means any licensed physician, osteopathic physician, dentist, podiatrist, optometrist, chiropractor, physician assistant, certified registered nurse anesthetist, advanced practice registered nurse, or nurse midwife.
Medication means any prescription or nonprescription drug intended for treatment or prevention of disease or to affect body function in humans.
Medication administration includes, but is not limited to:
1. Providing medications for another person according to the five rights;
2. Recording medication provision; and
3. Observing, monitoring, reporting, and otherwise taking appropriate actions regarding desired effects, side effects, interaction, and contraindications associated with the medication.
Medication aide means a person who is listed on the medication aide registry operated by the Department as provided in 172 NAC 95 and 96.
Mental retardation means significantly sub-average general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period.
NAC means Nebraska Administrative Code.
New construction means a facility or a distinct part of a facility in which services are to be provided and which is enlarged, remodeled or altered in any fashion or is built from the ground up on or after the effective date of 175 NAC 17.
New facility means a facility or a distinct part of a facility in which services are to be provided and which is not currently licensed as a health care facility. New facility also includes those facilities, which were previously licensed for care and treatment in another licensure category, that now intend to seek licensure in a different category.
Nurse assistant means any person, other than licensed registered or practical nurse, employed by the ICF/MR for the purpose of aiding a licensed registered or practical nurse through the performance of non-specialized tasks related to the personal care and comfort of individuals.
Nursing care means complex nursing interventions which require nursing judgement to safely alter standard procedures in accordance with the needs of the individual, which require nursing judgement to determine how to proceed from one step to the next, or which require a multidimensional application of the nursing process.
Personal care (See definition of "Care".)
Premises means a facility, the facility's grounds, and each building or grounds on contiguous property used for administering and operating a facility.
PRN means an administration scheme, in which a medication is not routine, is taken as needed, and requires assessment for need and effectiveness.
Qualified inspector means a professional architect or engineer licensed to practice in Nebraska, an official or employee of a local jurisdiction authorized by that jurisdiction to make inspections of particular building equipment or systems, or an individual certified by a nationally recognized organization to make such inspections.
Qualified mental retardation professional or QMRP means a person specified in 42 CFR 483.430(a).
Related conditions means conditions specified in 42 CFR 435.1009. A severe, chronic disability that meets all of the following conditions:
1. It is attributable to:
a. Cerebral palsy or epilepsy, or
b. Any other condition, other than mental illness, found to be closely related to mental retardation because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons and requires treatment or services similar to those required for these persons;
2. It is manifested before the person reaches the age of 22;
3. It is likely to continue indefinitely; and
4. It results in substantial functional limitations in three or more of the following areas of major life activities:
a. Self care;
b. Understanding and use of language;
c. Learning;
d. Mobility;
e. Self-direction; and
f. Capacity for independent living.
Schematic plan means a diagram of the facility which describes the number and location of beds, the location of service areas, Life Safety Code construction and occupancy classifications locations, fire compartments, and Fire Marshal-approved points of safety.
Shelter means lodging directly provided or arranged for the individual by the facility.
Supervision means the daily observation and monitoring of individuals by direct care staff or oversight of staff by the administrator or administrator's designee.
Supportive services means those services which support personal care, provision of medications, activities of daily living, and health maintenance activities.
Terminally ill means that the individual has a medical prognosis that his or her life expectancy is six months or less if the illness runs its normal course.
Training means aggressive implementation of a systematic program of formal and informal techniques (competent interactions), continuously targeted toward the individual achieving the measurable behavioral level of skill competency specified in individual program plan objectives, conducted in all applicable settings, and conducted by all personnel involved with the individual.
Treatment means a therapy, modality, product, device, or other intervention used to maintain well being or to diagnose, assess, alleviate, or prevent a disability, injury, illness, disease, or other similar condition.
Unlicensed direct care staff means personnel who are not licensed or certified under the Uniform Licensing Law or other state laws governing the practice of health care and whose primary responsibility is to manage, supervise and/or provide direct care of individuals' daily needs such as bathing, dressing, feeding, toileting, recreation, and reinforcement of active treatment. Unlicensed direct care staff includes staff qualified as nursing assistants, medication aides, and other personnel with this responsibility and with job titles designated by the facility.
