N.Y. Comp. Codes R. & Regs. Tit. 10§ 415.2 - Definitions
The following definitions, unless context clearly requires otherwise shall apply to this Article:
(a) Ambulant resident (see section
415.37[a][3] of
this Part).
(b) Certified nurse
aide shall mean an individual who is listed in the New York State Nursing Home
Nurse Aide Registry as specified in section
415.26(d) of this
Part.
(c) Clinical skills evaluator
(see section
415.26[d][1][iii]
of this Part).
(d) Commissioner
shall mean the State Commissioner of Health.
(e) Department shall mean the New York State
Department of Health.
(f)
Designated representative shall mean the individual or individuals designated
in accordance with this subdivision to receive information and to assist and/or
act in behalf of a particular resident to the extent permitted by State law; it
being understood that a designated representative specified in subparagraph
(1)(iii) of this subdivision is not a health care agent as defined in article
29-C of the Public Health Law.
(1) Such
individual or individuals shall be designated, with such designation noted in
the clinical record:
(i) by a court of law
when the designation of an individual, committee or guardian has been
sought;
(ii) by the resident if the
resident has the capacity to make such designation; or
(iii) by family members and other parties who
have an interest in the well-being of the resident who, after discussion with
the facility, identify the individual or individuals most personally involved
in the resident's care, if the resident lacks the capacity to make such
designation.
(2) The
designated representative shall:
(i) receive
any written and oral information required by this Part to be provided to the
resident if such resident lacks the capacity to understand or make use of such
information, and also receive any information required to be provided to both
the resident and the designated representative; and
(ii) participate to the extent authorized by
State law in decisions and choices regarding the care, treatment and well-being
of the resident if such resident lacks the capacity to make such decisions and
choices.
(g)
Governing body shall mean the policy-making body of a government agency, the
board of directors or trustees of a corporation or the proprietor or
proprietors of a proprietary nursing home to which the department has issued an
operating certificate.
(h) Nurse
aide (see section
415.13(d)(1) of
this Part).
(i) Nurse aide trainee
shall mean an individual who is participating in a State approved residential
health care facility nurse aide training program.
(j) Nurse aide training program coordinator
(see section
415.26[d][1][i]
of this Part).
(k) Nursing home,
also referred to in this Part as a residential health care facility or a
facility, shall mean a facility, institution, or portion thereof subject to
article 28 of the New York State Public Health Law, providing therein, lodging
for 24 or more consecutive hours to three or more nursing home residents who
are not related to the operator by marriage or by blood within the third degree
of consanguinity, who need regular nursing services or other professional
services but who shall not need the services of a general hospital.
(l) Primary instructor (see section
415.26[d][1][ii]
of this Part).
(m) Resident, or
nursing home resident, shall mean an individual who has been admitted to and
who resides in a nursing home and who is entitled to receive care, treatment
and services in accordance with the requirements of this Part.
(n) Resident care unit or nursing unit shall
mean a designated area including a group of resident rooms with adequate
supporting rooms, areas, facilities, services, and personnel providing nursing
care and management of residents which is planned, organized, operated and
maintained to function as a unit so as to encourage the efficient delivery of
resident services and effective observation of and communication with
residents.
(o) Resident council
shall mean the resident organization created by residents of a nursing home and
recognized by the facility as the group that represents the interests of its
membership.
(p) Respiratory care
and therapy shall mean the care for any portion of the respiratory tract,
especially the lungs. This care may include but not be limited to the
following: percussion or cupping, postural drainage, positive pressure machine
and where appropriate, use of oxygen to administer drugs.
(q) Respiratory therapist or respiratory
therapy technician shall mean a person who holds a baccalaureate degree,
associate degree, certificate or diploma in respiratory or inhalation therapy
from a college, university, institution, hospital school or program accredited
by the State Education Department of the Joint Review Committee for Inhalation
Therapy Education, or who demonstrates equivalent proficiency to the employing
facility by means of an evaluation by two qualified medical
specialists.
(r) Qualified
specialist shall mean a physician who holds a current license to practice
medicine in the State of New York, and who:
(1) is a diplomate of the appropriate
American board or who has been certified as a specialist by the American
Osteopathic Specialty Board for the respective specialty; or
(2) has been notified of admissibility to
examination by such board, or presents evidence of completion of an approved
qualifying residency in such specialty; or
(3) holds the rank of attending or associate
attending specialist in an accredited voluntary or governmental hospital which
is approved for training in the speciality in which the physician has
privileges; or
(4) holds an
appropriate specialist rating granted by the Workers' Compensation Board after
May 1960, provided the award is based on training approved by the respective
specialty board.
(s)
Sponsor shall mean the agency or the person or persons, other than the
resident, responsible in whole or in part for the financial support of the
resident, including the costs of care in the facility.
(t) Withdrawal of equity (see section
415.26[h][7] of
this Part).
(u) Feeding assistant
(see section
415.13[d][1] of
this Part).
(v) Local Contact
Agency shall mean an agency designated by the Department to accept referrals of
nursing home residents that wish to receive information about services in the
community. Local Contact Agencies shall contact referred nursing home residents
and provide them with information and counseling on available home - and
community - based services. Local Contact Agencies shall also either assist
residents directly with transition services or refer residents to organizations
that assist with transition services, as appropriate.
Notes
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