As used in this part:

1. (1) “Abuse” means willful infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish or deprivation by a person, including a caregiver, of goods or services that are necessary to avoid:

   1. (A) Physical harm;
   2. (B) Mental anguish; or
   3. (C) Mental illness;
2. (2) “Annual services plan” means a written plan, prepared by the Regional Ombudsman for submission to the Office of the State Long-Term Care Ombudsman and the area agency on aging, setting goals and objectives for the regional ombudsman program for the following federal fiscal year;
3. (3) “Area agency on aging” means an agency designated by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services to arrange for the provision of aging services in its planning and service area;

4. (4)

   1. (A) “Certification” means the designation provided by the State Long-Term Care Ombudsman to an individual who:

      1. (i) Meets minimum qualifications;
      2. (ii) Is free of conflicts of interest; and
      3. (iii) Has successfully completed training and other criteria stipulated in Subpart 3 of this part.
   2. (B) Designation authorizes such individual to act as a representative of the Arkansas Long-Term Care Ombudsman Program in accordance with the Older Americans Act § 712(a)(5) and in keeping with this part;
5. (5) “Complaint” means information regarding action, inaction, or decisions that may have adversely affected the health, safety, welfare, or rights of one (1) or more residents that is brought to the attention of, or initiated by, an ombudsman representative for action;
6. (6) “Conflict of interest” means a competing interest, obligation, or duty which compromises, influences, interferes with, or gives the appearance of compromising, influencing, or interfering with the integrity, activities, or conduct of any ombudsman, the Department of Human Services, the Office of the State Long-Term Care Ombudsman, area agencies on aging, or provider agencies in faithfully and effectively fulfilling official duties;

7. (7) “Designation” means the authorization by the State Long-Term Care Ombudsman of:

   1. (A) An entity to host a regional ombudsman program in a specified geographic area; or
   2. (B) An individual who has been certified to have met all minimum qualifications, training, and other criteria in accordance with the Older Americans Act § 712(a)(5) and in keeping with this part;

8. (8) “Exploitation” means the illegal or improper act or process of an individual, including a caregiver, using the resources of an older individual for monetary or personal:

   1. (A) Benefit;
   2. (B) Profit; or
   3. (C) Gain;
9. (9) “Family council activities” means the provision of technical assistance, information, training, or support to family members of residents or facility staff, about the development, education, work, or maintenance of a family council;

10. (10) “Good faith” means evidence of performing duties in “good faith”, including without limitation:

    1. (A) Making reasonable efforts to follow procedures set forth in applicable laws and this part;
    2. (B) Seeking and making reasonable efforts to follow direction from the Office of the State Long-Term Care Ombudsman; and
    3. (C) Seeking and making reasonable efforts to follow direction from the relevant Regional Ombudsman;
11. (11) “Guardian” means a person or entity appointed by a court to exercise the legal rights and powers of another individual as specified in the court order;

12. (12)

    1. (A) “Home and community-based services” means services that provide opportunities for Medicaid beneficiaries to receive services in their own homes or communities rather than institutions or other isolated settings.

    2. (B) These programs serve a variety of targeted population groups, such as people with:

       1. (i) Intellectual or developmental disabilities;
       2. (ii) Physical disabilities; and/or
       3. (iii) Mental illnesses;

13. (13)

    1. (A) “Immediate family” means those persons related to an individual as a:

       1. (i) Spouse;
       2. (ii) Child;
       3. (iii) Sibling;
       4. (iv) Parent;
       5. (v) Grandchild; or
       6. (vi) Grandparent.
    2. (B) An immediate family member is also any member of the household or a relative with whom there is a close personal or significant relationship;
14. (14) “Interagency coordination” means activities that involve meeting or coordinating with other agencies to learn about or improve conditions for one (1) or more residents;
15. (15) “Issue advocacy” means activities supporting and promoting issues which benefit or advance the health, safety, welfare, or rights of residents;

16. (16) “Legal representative” means:

    1. (A) A guardian;
    2. (B) An agent under valid power of attorney, provided that the agent or attorney-in-fact is acting within the scope of his or her agency;
    3. (C) A surrogate decision maker; or
    4. (D) An executor or administrator of the estate of a deceased resident or participant;
17. (17) “Local ombudsman entity” means the local agency designated by the State Long-Term Care Ombudsman to represent the Office of the State Long-Term Care Ombudsman in carrying out the program responsibilities and components;

18. (18)

    1. (A) “Long-term care facility” means any:

       1. (i) Nursing facility;
       2. (ii) Board and care facility; and

       3. (iii) Other adult care home, including:

          1. (a) (a) An assisted living facility;
          2. (b) (b) A board and care facility; and
       4. (c) (c) Other similar facilities.
    2. (B) See the Older Americans Act § 102(35);

19. (19) “Neglect” means:

    1. (A) The failure to provide the goods or services that are necessary to avoid:

       1. (i) Physical harm;
       2. (ii) Mental anguish; or
       3. (iii) Mental illness; or
    2. (B) The failure of a caregiver to provide the goods and services;
20. (20) “NORS” refers to the National Ombudsman Reporting System, which means the state uniform reporting system required for the Office of the State Long-Term Care Ombudsman in the Older Americans Act;
21. (21) “Office of Chief Counsel” means the office that provides legal assistance and representation on administrative matters, litigation pertaining to delivery of services, program administration, personnel, civil rights, and overpayment collections, as applicable, to all the various divisions of the Department of Human Services.
22. (22) “Office of the State Long-Term Care Ombudsman” means the organizational unit headed by the State Long-Term Care Ombudsman.

23. (23) “Ombudsman or State Long-Term Care Ombudsman” means the individual who:

    1. (A) Heads the Office of the State Long-Term Care Ombudsman; and
    2. (B) Is responsible to personally, or through representatives of the office, fulfill the functions, responsibilities, and duties of the Arkansas Long-Term Care Ombudsman Program.
24. (24) “Ombudsman representative” or “Regional Ombudsman” means the employees or volunteers designated by the State Long-Term Care Ombudsman to fulfill the duties of the office, whether personnel supervision is provided by the State Long-Term Care Ombudsman or by an agency hosting a regional long-term care ombudsman program;
25. (25) “Program records” means all files, records, correspondence, documentation, case notes, and communications related to a specific case or client;
26. (26) “Provider agency” or “Local Ombudsman Entity” means the entity designated by the State Long-Term Care Ombudsman to operate a regional ombudsman program in a particular service area;
27. (27) “Volunteer ombudsman” means an ombudsman who performs services without pay;
28. (28) “Willful interference” means actions or inactions taken by an individual in an attempt to intentionally prevent, interfere with, or attempt to impede the State Long-Term Care Ombudsman from performing any of the functions, responsibilities, or duties of the State Long-Term Care Ombudsman.

Codification Notes: 712(a)(5) of the Older Americans Act is codified at 42 U.S.C. § 3058g(a)(5). Section 12(35) of the Older Americans Act is codified at 42 U.S.C. § 3002(35). The Older Americans Act is codified generally at 42 U.S.C. § 3001 et seq.