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

1. (1) “Activities of daily living (ADLs)” means:

   1. (A) Ambulating;
   2. (B) Toileting;
   3. (C) Grooming;
   4. (D) Eating;
   5. (E) Bathing; or
   6. (F) Dressing;

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 (ASCU)” 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, markets, or otherwise promotes the facility as providing specialized Alzheimer’s disease or related dementia care services;
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 ASCU, exclusive of residents’ rooms and bathrooms.
   2. (B) Common areas include any facility grounds accessible to residents of the ASCU;
6. (6) “Continuous” means available at all times without cessation, break, or 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 Department of Human Services, Division of Medical Services, or Office of Long-Term Care;
9. (9) “Direct care staff” means an individual, such as a nurse or a certified nurse’s aide, who is an employee of the facility or who is an employee of a temporary agency assigned to work in the facility, and who has received, or will receive, in accordance with this part, specialized training regarding Alzheimer's disease or related dementia, and is responsible for providing direct, hands-on care or services to residents in the ASCU;

10. (10)

    1. (A) “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.

    2. (B) The disclosure statement shall be approved by the Department of Human Services prior to use, and shall include, but not be limited to, the following information about the facility’s ASCU:

       1. (i) The philosophy of how care and services are provided to the residents;
       2. (ii) The preadmission screening process;
       3. (iii) The admission, discharge, and transfer criteria and procedures;
       4. (iv) Training topics, amount of training time spent on each topic, and the name and qualification of the individuals used to train the direct care staff;
       5. (v) The minimum number of direct care staff assigned to the unit each shift;
       6. (vi) A copy of the Residents' Bill of Rights;

       7. (vii)

          1. (a) (a) Assessment, ISP, and implementation.
          2. (b) (b) This is the process used for assessment and establishment of the plan of care and its implementation, including the method by which the plan of care evolves and is responsive to changes in condition;
       8. (viii) Planning and implementation of therapeutic activities and the methods used for monitoring; and
       9. (ix) Identification of what stages of Alzheimer’s disease or related dementia for which the unit will provide care;
11. (11) “Facility” means a Level II assisted living facility that houses an ASCU;
12. (12) “Individual assessment team (IAT)” means a group of individuals possessing the knowledge and skills to identify the medical, behavioral, and social needs of a resident and to develop services designed to meet those needs;

13. (13)

    1. (A) “Individual support plan (ISP)” means a written plan developed by an IAT that identifies services to a resident.

    2. (B) The plan shall include and identify professions, disciplines, and services that:

       1. (i) Identify and state the resident’s medical needs, social needs, disabilities, and their causes;
       2. (ii) Identify the resident's specific strengths;
       3. (iii) Identify the resident's specific behavioral management needs;
       4. (iv) Identify the resident’s need for services without regard to the actual availability of services;
       5. (v) Identify and quantify the resident's speech, language, and auditory functioning;
       6. (vi) Identify and quantify the resident's cognitive and social development; and
       7. (vii) Identify and specify the independent living skills and other services provided by the facility to meet the needs of the resident;
14. (14) “Nursing personnel” means registered or licensed practical nurses who have specialized training or will undergo specialized training, in accordance with this part, by the ASCU; 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 part and this definition do 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 select a responsible party or may choose to not 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 a legal guardian, attorney-in-fact, or 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.