Nebraska Administrative Code
Topic - HEALTH AND HUMAN SERVICES SYSTEM
Title 175 - HEALTH CARE FACILITIES AND SERVICES LICENSURE
Chapter 5 - ADULT DAY SERVICES
Section 175-5-002 - DEFINITIONS

002.01 ABUSE. Any knowing, intentional, or negligent act or omission on the part of a person which results in physical, sexual, verbal, or mental abuse, unreasonable confinement, cruel punishment, exploitation, or denial of care, treatment or services to a consumer.

002.02 AGREEMENT OF PARTICIPATION. A written agreement negotiated between the adult day service and the consumer served or designee.

002.03 CAREGIVER. For the purpose of this chapter, has the same meaning as caretaker found in Neb. Rev. Stat. § 71-6721.

002.04 COMMUNITY-BASED. Serving consumers at a defined location outside of the consumer's home or a health care facility not licensed as an adult day service.

002.05 DEVICE. An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a medical practitioner and dispensed by a pharmacist or other person authorized by law to do so.

002.06 EVALUATION. A written action plan based on the identified needs of the consumer and the strategy for providing care to meet those needs.

002.07 EXPLOITATION. The taking of property of a consumer by means of undue influence, breach of a fiduciary relationship, deception, or extortion or by any unlawful means.

002.08 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.

002.09 FUNCTIONAL IMPAIRMENT. A condition marked by physical disabilities such as sensory loss, loss of mobility, incontinence, loss of speech, and, mental or emotional disabilities such as social isolation, depression, or behavioral disorders.

002.10 MENTAL ABUSE. Humiliation, harassment, threats of punishment or deprivation, or other actions causing mental anguish.

002.11 NEGLECT. A failure to provide care, treatment, or services necessary to avoid physical harm or mental anguish of a consumer.

002.12 PHYSICAL ABUSE. Hitting, slapping, pinching, kicking, or other actions causing injury to the body.

002.13 SERVICE PLAN. A written action plan based on evaluation and assessment data that identifies the consumer's needs and the strategy for addressing care, treatment, and services to meet those needs within the scope of the adult day service.

002.14 SEXUAL ABUSE. Sexual harassment, sexual coercion, or sexual assault.

002.15 SOCIAL SERVICES. Those activities that assist the consumer in carrying out their therapeutic activities as outlined in their agreement of participation.

002.16 SUPERVISION. The daily observation and monitoring of the consumer by direct care staff and oversight of staff by the administrator or administrator's designee.

002.17 SUPPORTIVE SERVICES. Services which support personal care, provision of medications, activities of daily living, and health maintenance activities.

002.18 THERAPEUTIC ACTIVITY. A professionally directed set of actions designed to improve, maintain or lessen the decline of physical, cognitive, or social functioning.

002.19 VERBAL ABUSE. The use of oral, written, or gestured language including disparaging or derogatory terms to consumers or within hearing distance of the consumer or within the consumer's sight.

002.20 5 RIGHTS. The meaning found in Neb. Rev. Stat. § 71-6721.