New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle Y - New York State Office for the Aging
Chapter IV - Long-term Care Ombudsman Program
Part 6660 - Long-term Care Ombudsman
Section 6660.1 - Definitions

Universal Citation: 9 NY Comp Codes Rules and Regs ยง 6660.1

Current through Register Vol. 46, No. 12, March 20, 2024

For the purposes of this Part, the following terms shall have the following meanings:

(a) Administrative action means any action or decision by an owner, employee, or agent of a long -term care facility, or by a government agency, which affects the provision of service to residents of or applicants for admission to long-term care facilities.

(b) Immediate family, pertaining to conflicts of interest, means a member of the household or a relative with whom there is a close personal or significant financial relationship.

(c) Local ombudsman entity means any entity designated to operate a local long-term care ombudsman program.

(d) Long-term care facilities means residential health care facilities as defined in subdivision three of section twenty-eight hundred one of the public health law, adult care facilities as defined in subdivision twenty-one of section two of the social services law, and assisted living residences, as defined in article forty-six-B of the public health law, or any facilities which hold themselves out or advertise themselves as providing assisted living services and which are required to be licensed or certified under the social services law or the public health law. Within the amounts appropriated therefor, "long-term care facilities" shall also mean managed long term care plans and approved managed long term care or operating demonstrations as defined in section forty-four hundred three-f of the public health law and the term "resident", "residents", "patient" and "patients" shall also include enrollees of such plans.

(e) A long-term care ombudsman or ombudsman means a person who:

(1) is an employee or volunteer of the state office for the aging or of a designated local long-term care ombudsman program;

(2) has been certified as having successfully completed a training program developed by the state ombudsman; and

(3) has a current designation as a long-term care ombudsman by the state long-term care ombudsman.

(f) Resident representative means any of the following:

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

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

(g) State long-term care ombudsmanor state 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 of the office of the state long-term care ombudsman.

(h) Willful interferencemeans actions or inactions taken by an individual in an attempt to intentionally prevent, interfere with, or attempt to impede an ombudsman from performing any of the functions or responsibilities of the office of the state long-term care ombudsman.

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