N.M. Code R. § 9.2.1.7 - DEFINITIONS
The following words and terms, when used in these rules, shall have the following meanings unless the context clearly indicates otherwise or a different definition has been provided:
A. "Abuse" is the willful infliction of
injury, unreasonable confinement, intimidation, or cruel punishment with
resulting physical harm or pain or mental anguish or the deprivation by a
person, including a caregiver, of goods or services which are necessary to
avoid physical harm, mental anguish, or mental illness.
B. The "administration on aging" is the
federal agency, which is a part of the U.S. department of health and human
services, charged with the responsibility of implementing the Older Americans
Act.
C. "Advocacy" is defined as
non-lobbying activities designed to create change in legislation and policies
which benefit both individuals and groups of individuals.
D. "Aging and disability resource center"
(ADRC) means an entity established as part of the state system of long-term
care to provide comprehensive information on public and private long-term care
programs, options, providers and resources; personal counseling to assist
individuals in assessing existing or anticipated long-term care needs, and
developing and implementing plans to meet their specific needs and
circumstances; and access to the range of publicly-supported long-term care
programs for which consumers may be eligible, by serving as a convenient
point-of-entry for such programs.
E. "Aging network" means programs and
services for older adults throughout New Mexico that receive federal or state
funds under contract with the department or area agencies on aging. The aging
network includes, but is not limited to, programs sponsored by tribal
governments, local governments and private, nonprofit organizations.
F. An "area agency on aging" (AAA) is an
organization designated by the department to develop and administer a
comprehensive and coordinated system of services for older persons within one
or more planning and service areas.
G. "Area plan" is a document submitted by an
area agency on aging to the department which provides for the provision of
services and centers to meet the needs of older individuals in the planning and
service area(s) administered.
H.
"Assistant secretary" is the assistant secretary of aging of the administration
on aging, U.S. department of health and human services.
I. "Civic engagement" means an individual or
collective action designed to address a public concern or an unmet human,
educational, health care, environmental, or public safety need.
J. The "corporation for National and
community service" (CNCS) is the federal agency that administers federal
domestic volunteer programs.
K.
"Department" means the New Mexico aging and long-term services department
(ALTSD).
L. "Disability" means
(except when such term is used in the phrases "severe disability,"
"developmental disability," and "physical disability") a mental or physical
impairment or a combination of the two, resulting in a functional limitation in
one or more of the following activities of daily living: self-care, receptive
and expressive language, learning, mobility, self-direction, capacity for
independent living, economic self-sufficiency, cognitive functioning and
emotional adjustment. The term "severe disability" means a severe, chronic
mental or physical impairment, or a combination of mental or physical
impairments, that is likely to continue indefinitely and results in substantial
functional limitation in three or more activities of daily living.
M. "Exploitation" is the illegal or improper
act or process of an individual, including a caregiver or fiduciary, using the
resources of another person for monetary or personal benefit, profit or
gain.
N. A "focal point" means a
facility established to encourage the maximum collocation and coordination of
services for older individuals.
O.
"Greatest economic need" is need resulting from an income level at or below the
federal poverty level.
P. "Greatest
social need" is need caused by noneconomic factors which include physical and
mental disabilities; language barriers; and cultural, social or geographical
isolation, including isolation caused by racial or ethnic status, that
restricts an individual's ability to perform normal daily tasks or which
threatens an individual's capacity to live independently.
Q. "In-home services" includes: homemaker and
home health aides; visiting; telephone reassurance; chore maintenance; in-home
respite care for families; adult day care as a respite service for families;
minor modification of homes that is necessary to facilitate the ability of
older individuals to remain at home, and that is not available under other
programs; and personal care services and other services necessary to facilitate
the ability of older individuals to remain at home, as may be defined in the
State Plan or in an approved Area Plan.
R. "Indian tribal organization" is the
recognized governing body of any Indian tribe or any legally established
organization of Indians which is controlled, sanctioned, or chartered by the
governing body.
S. "Indian tribe"
means any tribe, band, nation or other organized group or community of Indians,
which is either:
(1) Recognized as eligible
for the special programs and services provided by the United States to Indians
because of their status as Indians; or
(2) Located on, or in proximity to, a federal
or state reservation.
T.
"Long-term care" means any service, care, or item intended to assist
individuals in coping with, or compensating for, a functional impairment in
carrying out activities of daily living; furnished at home, in a community care
setting, or in a long term care facility; and not furnished to prevent,
diagnose, treat, or cure a medical disease or condition.
U. "Long-term care ombudsman" (LTCO) means an
individual trained and certified to act as a representative of the office of
the state long-term care ombudsman.
V. "Low income" is defined as having an
annual family income at or below one hundred twenty fve percent (125%) of the
federal poverty level.
W.
"Minorities" are individuals who are of Hispanic, Native American Indian
(including Hawaiian and Eskimo), African-American or Asian heritage.
X. "Neglect" is the failure to provide for
oneself the goods or services which are necessary to avoid physical harm,
mental anguish or mental illness or the failure of a caregiver or fiduciary to
provide the goods or services that are necessary to maintain the health or
safety of an individual.
Y. "Older
Americans Act" means the Older Americans Act of 1965,
42 U.S.C. Sections
3001 to
3058, and implementing
regulations.
Z. "Older individual"
means an individual who is at least fatty (50) years of age or older, unless
otherwise specified in these rules.
AA. "Participants" are individuals who are
eligible to receive services or to participate in particular programs
administered by the department or its designees.
BB. "Planning and service area" (PSA) is a
portion or portions of the state designated by the department for purposes of
planning, development, delivery and overall administration of services for
older individuals.
CC. "Poverty
level" is the official poverty level as defined by the United States office of
management and budget, and adjusted by the secretary of the U.S. department of
health and human services in accordance with the community services Block Grant
Act, 42 U.S.C. Sections
9901 to
9926.
DD. "Provider" means an entity that is
awarded a grant or contract from an area agency on aging or the department to
provide services.
EE. "Reservation"
means any federally or state recognized Indian tribe's reservation or
pueblo.
FF. "Right of first
refusal" is a provision in the Older Americans Act which requires the
department to give priority to public agencies or units of general purpose
local government when designating area agencies on aging.
GG. "Self-directed care" means an approach to
providing services intended to assist an individual with activities of daily
living, in which services are planned, budgeted, and purchased under the
direction and control of such individual; and such individual is provided with
information and assistance as necessary and appropriate to enable him or her to
make informed decisions about care options.
HH. "Senior center" is a community focal
point where older adults come together for services and activities. A center
may include multi-generational programs and serve as a resource for the entire
community for information on aging, support for family caregivers, and
training.
II. "State ombudsman"
means an individual with expertise and experience in the fields of long-term
care advocacy, designated by the department secretary to fulfil the duties
defined in the Long-Term Care Ombudsman Act, Sections
28-17-1 to
28-17-19 NMSA 1978.
JJ. "State Plan on Aging" or "State Plan" is
a document submitted by the state in order to receive grants from its
allotments under the Older Americans Act.
KK. "Unit of general purpose local
government" means a political subdivision of the state whose authority is
general and not limited to one function or combination of related functions, or
an Indian tribal organization.
Notes
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