New Mexico Administrative Code
Title 9 - HUMAN RIGHTS
Chapter 2 - AGE
Part 19 - LONG TERM CARE OMBUDSMAN
Section 9.2.19.7 - DEFINITIONS

A. "Area agency on aging" (AAA) means an agency designated by the department to arrange for the provision of aging services in its planning and service area pursuant to an area plan.

B. "Certification" means the designation provided by the state ombudsman to an individual who meets minimum qualifications, is free of conflicts of interest, and has successfully completed training and other criteria stipulated in Section 9.2.19.13 NMAC hereof, which authorizes such individual to act as a representative of the long-term care ombudsman program (program) in the capacity for which he or she is certified.

C. "Complaint" means information regarding action, inaction, or decisions that may adversely affect the health, safety, welfare, or rights of residents which is raised by or brought to the attention of an ombudsman.

D. "Guardian" means the person or entity appointed by a court to exercise the legal rights and powers of another individual.

E. "Immediate family" means those persons related to an individual as a spouse, child, sibling, or parent.

F. "Informed consent" means an agreement by a resident or a resident's surrogate decision-maker to allow a disclosure of information, made with full knowledge of the risks involved and the available alternatives, that is made in writing or through the use of auxiliary aids and services or communicated by a resident or a resident's surrogate decision-maker orally, visually or through the use of auxiliary aids and services and such consent is documented contemporaneously by a representative of the office.

G. "Long term care facility" means any residential facility that provides care services to one or more persons unrelated to the owner or operator of the facility, including, but not limited to, those facilities enumerated in Subsection F of Section 28-17-3 NMSA 1978.

H. "Long-term care ombudsman program (LTCO)" means the program through which functions and duties of the office are carried out, consisting of the state ombudsman, the office headed by the state ombudsman and the representatives of the office.

I. "Provider agency" means the entity designated by the state ombudsman to provide ombudsman services in a particular service area.

J. "Representatives" means the employees or volunteers designated by the state ombudsman to fulfill the duties set forth in 45 CFR 1324.19(a), whether personnel supervision is provided by the state ombudsman or his or her designee.

K. "Resident" means any patient, client or person residing in and receiving care in a facility.

L. "State long-term care ombudsman" means the individual who heads the office and is responsible to personally, or through representatives of the office, fulfill the functions, responsibilities and duties as set forth in 45 CFR 1324.13 and 1324.19.

M. "Surrogate decision maker" means a legally appointed agent, guardian or surrogate who is authorized to act on behalf of a resident to include the duties enumerated in Subsection O of Section 28-17-3 NMSA 1978.