For the purposes of this subpart, the following terms are defined as follows:

1. (1)

   1. (A) “Activities of daily living (ADLs)” means the tasks for self-care that are performed either:

      1. (i) Independently;
      2. (ii) With supervision;
      3. (iii) With assistance; or
      4. (iv) By others.

   2. (B) “Activities of daily living” include, but are not limited to:

      1. (i) Ambulating;
      2. (ii) Transferring;
      3. (iii) Grooming;
      4. (iv) Bathing;
      5. (v) Dressing;
      6. (vi) Eating; and
      7. (vii) Toileting;

2. (2)

   1. (A) “Advertise” means to make publicly and generally known.

   2. (B) For purposes of this definition, “advertise” includes, but is not limited to:

      1. (i) Signs, billboards, or lettering;
      2. (ii) Electronic publishing or broadcasting, including the use of the Internet or email; and
      3. (iii) Printed material;

3. (3) “Alzheimer’s special care unit” means a separate and distinct unit within a long-term care facility that:

   1. (A) Segregates and provides a special program for residents with a diagnosis of probable Alzheimer’s disease or related dementia; and
   2. (B) Advertises or otherwise holds itself out as having one (1) or more special units for residents with a diagnosis of probable Alzheimer's disease or related dementia;
4. (4) “Alzheimer’s disease” means an organic, neurological disease of the brain that causes progressive degenerative changes;

5. (5)

   1. (A) “Common areas” means portions of the Alzheimer's special care unit exclusive of residents’ rooms and bathrooms.
   2. (B) Common areas include any facility grounds accessible to residents of the Alzheimer's special care unit (ASCU);

6. (6) “Continuous” means available at all times without:

   1. (A) Cessation;
   2. (B) Break; or
   3. (C) Interruption;

7. (7)

   1. (A) “Dementia” means a loss or decrease in intellectual ability that is of sufficient severity to interfere with social or occupational functioning.

   2. (B) It describes a set of symptoms such as:

      1. (i) Memory loss;
      2. (ii) Personality change;
      3. (iii) Poor reasoning or judgment; and
      4. (iv) Language difficulties;
8. (8) “Department” means the Department of Human Services, Division of Medical Services or Office of Long-Term Care;

9. (9) “Direct care staff” means an individual who:

   1. (A) Is an employee of the facility or an employee of a temporary agency assigned to work in the facility;
   2. (B) Has received, or will receive, in accordance with this subpart, specialized training regarding Alzheimer's or related dementia; and
   3. (C) Is responsible for providing direct, hands-on care or services to residents in the ASCU;
10. (10) “Disclosure statement” means a written statement prepared by the facility and provided to individuals or their responsible parties, and to individuals’ families, prior to admission to the unit, disclosing form of care, treatment, and related services especially applicable or suitable for the ASCU;
11. (11) “Facility” means a long-term care facility that houses an ASCU;

12. (12) “Individual assessment team” means a group of individuals possessing the knowledge and skills to:

    1. (A) Identify the medical, behavioral, and social needs of a resident; and
    2. (B) Develop services designed to meet those needs;
13. (13) “Individual support plan” means a written plan developed by an individual assessment team that identifies services to a resident;
14. (14) “Nursing personnel” means registered or licensed practical nurses who have specialized training, or will undergo specialized training by the Alzheimer's special care unit, in accordance with this subpart; and

15. (15)

    1. (A) “Responsible party” means an individual who, at the request of the applicant or resident, or by appointment by a court of competent jurisdiction, agrees to act on behalf of a resident or applicant for the purposes of making decisions regarding the needs and welfare of the resident or applicant.
    2. (B) This subpart, and this definition, does not grant or permit, nor should be construed as granting or permitting, any individual authority or permission to act for, or on behalf of, a resident or applicant in excess of the authority or permission granted by law.

    3. (C) A competent resident may:

       1. (i) Select a responsible party; or
       2. (ii) Choose not to select a responsible party.

    4. (D) In no event may an individual act for, or on behalf of, a resident or applicant when the resident or applicant has:

       1. (i) A legal guardian;
       2. (ii) An attorney-in-fact; or
       3. (iii) Other legal representative.

    5. (E) For purposes of this part only, “responsible party” will also refer to the terms:

       1. (i) “Legal representative”;
       2. (ii) “Legal guardian”;
       3. (iii) “Power of attorney”; or
       4. (iv) Similar phrase.