Sec. 32.03.02.01. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Legal representative" means a person acting under a power of attorney, as a representative payee (unless the facility is the representative payee), or as a guardian of the person or property.

(2) "Local ombudsman" means the Director of the local Nursing Home Ombudsman Program.

(3) "Patient advocate" means the director of the local Nursing Home Ombudsman Program, the Director of the State Nursing Home Ombudsman Program, or the professional staff and volunteers working in those programs.

(4) "Related Institution".

(a) "Related institution" means an organized institution, environment, or home that:

(i) Maintains conditions or facilities and equipment to provide domiciliary, personal, or nursing care for two or more unrelated individuals who are dependent on the administrator, operator, or proprietor for nursing care or the subsistence of daily living in a safe, sanitary, and healthful environment; and

(ii) Admits or retains the individuals for overnight care.

(b) "Related institution" does not include:

(i) An adult residential environment or home that is certified by the Department of Human Services; or

(ii) A nursing facility or visiting nurse service that is conducted only by or for adherents of a recognized church or religious denomination, in accordance with tenets and practices that include reliance on treatment by spiritual means alone for healing.

(5) "Secretary" means the Secretary of Aging.

(6) "State ombudsman" means the Director of the State Nursing Home Ombudsman Program.