200 Definitions | LTCO-5100-MANUAL

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 physical harm, mental anguish, or mental illness. (OAA § 102(13))

Activities related to the preparation for or attendance at meetings of the Long-Term Care Ombudsman Program Advisory Council. (See Section III-300 Documentation Guidelines)

An agency designated by the Division of Aging Services to arrange for the provision of aging services in its planning and service area. (See OAA § 305(a)(2)(A))

A plan developed by an area agency on aging for its relevant planning and service area as set forth in the Older Americans Act. (OAA § 306(b))

An Associate Certified Volunteer is a designated volunteer category with responsibility for responding to certain complaints. Associate Certified Volunteers are independent citizen advocates who visit the residents of long-term care facilities, identifying complaints and concerns. They investigate specific complaint categories and work with facility staff to resolve problems, advocating from the resident point of view and with resident permission. Associate Certified Volunteers are recruited and trained by the Local Long-Term Care Ombudsman Program and are assigned to serve at long-term care facilities in their local communities.

The designation provided by the State Long-Term Care Ombudsman to an individual who meets minimum qualifications, is free of conflicts of interest, and has successfully completed training and other criteria stipulated in the Certification Requirements for Ombudsman Representatives (Appendix B). Designation authorizes such individual to act as a representative of the Long-Term Care Ombudsman Program. (See OAA § 712(a)(5); O.C.G.A. § 31-8-52)

Presentations to community groups, other agencies, or professionals, or to groups of residents or families (other than resident or family councils) on long-term care issues. (See Section III-300 Documentation Guidelines)

A plan submitted by the Coordinator of the local Ombudsman entity annually for approval by the State Ombudsman and, where applicable, by the area agency on aging in its area plan, which sets forth goals and objectives for the local Ombudsman entity.

An expression of dissatisfaction or concern brought to, or initiated by, the Ombudsman program which requires Ombudsman program investigation and resolution on behalf of one or more residents of a long-term care facility.

Services to assist residents of long-term care facilities to resolve problems or complaints through investigation, verification, and notification. (See Section III – 300, Documentation Guidelines)

The illegal or improper act or process of an individual, including a caregiver, using the resources of an older individual for monetary or personal benefit, profit, or gain. (OAA § 102(24))

Provision of technical assistance, information, training, or support to family members of residents and/or facility staff regarding developing, informing, or maintaining a family council. (See Section III-300 Documentation Guidelines)

A grievance is an actual or perceived circumstance that causes a party, known as the aggrieved, to feel that he or she has been treated unfairly or that a circumstance resulted in an unjust outcome. A grievance is not a complaint as defined at 200.9 in the Policy Manual, but rather specifically relates to the responsibilities of the Office of the State Long-Term Care Ombudsman, its representatives, agents or volunteers associated with that office. (45 CFR 1324.11(7))

Person or entity appointed by a court to exercise the legal rights and powers of another individual. (See O.C.G.A. §§ 29-1-1 et seq)

Those persons related to an individual as a spouse, child, sibling, parent, grandchild, or grandparent.

Services which provide information to individuals on long-term care or the needs/rights of long-term care residents. (See Section III-300 Documentation Guidelines)

Activities which involve meeting or coordinating with other agencies to learn about and/or improve conditions for one or more residents of long-term care facilities. (See Section III-300 Documentation Guidelines)

Activities supporting and promoting issues which benefit residents of long-term care facilities. (See Section III-300 Documentation Guidelines)

An agent under a valid power of attorney, provided that the agent is acting within the scope of his or her agency; an agent under a durable power of attorney for health care; or an executor, executrix, administrator, or administratix of the estate of a deceased resident. (O.C.G.A. § 31-8-55(b))

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 Components. (See OAA§ 712(a)(5); 45 CFR 1324.1))

A set of health, personal care, and social services delivered over a sustained period of time to persons who have lost or never acquired some degree of functional mental or physical capacity. (Institute of Medicine, Real People, Real Problems: An Evaluation of the Long-Term Care Ombudsman Programs of the Older Americans Act, 1995 at p. 290)

Phrase used to describe the Office of the State Long-Term Care Ombudsman and the Local Ombudsman Entities and the services provided by them. (See OAA §§ 711, 712(a)(5); 45 CFR 1324.1))

Federal law that authorizes the Long-Term Care Ombudsman Program. (See OAA, 42 U.S. §§ 3001 et seq)

The failure to provide for oneself the goods or services that are necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caregiver to provide the goods and services. (OAA § 102(34))

The organizational unit which is headed by the State Long-Term Care Ombudsman. (OAA § 712(a)(1)(A); 45 CFR 1324.1)

The individual who heads the Office of the State Long-Term Care Ombudsman and is responsible to personally, or through representatives of the Office, fulfill the functions, responsibilities and duties of the Long-Term Care Ombudsman Program. (OAA § 712 (a)(2); 45 CFR 1324.1)

The data collection system used to record Ombudsman program activities including complaints. The system includes confidential information and is only accessible by designated staff and volunteers.

The employees or volunteers designated by the Ombudsman to fulfill the Program Components whether personnel supervision is provided by the Ombudsman or his or her designees or by the local Ombudsman entity designated by the Ombudsman. (OAA § 712 (a)(5); 45 CFR 1324.1)

Services of the Long-Term Care Ombudsman Program performed with the goal of protecting the health, safety, welfare, and rights of long-term care residents.

The entity designated by the State Ombudsman to provide ombudsman services in a particular service area. (OAA § 712 (a)(5); 45 CFR 1324.1)

Provision of technical assistance, information, training, or support to residents and/or facility staff regarding developing, informing, or maintaining a resident council. (See Section III-300 Documentation Guidelines)

The resident directs all activities, even the visit with an Ombudsman Representative. Ombudsman Representatives represent the residents. Nothing begins or ends without the consumer’s or resident’s consent. (See 45 CFR 1324.13 and 45CFR 1324.19 (b))

The complaint has been resolved to the resident’s satisfaction. If the resident cannot communicate his/her satisfaction, the Ombudsman Representative may seek resolution to the satisfaction of the resident’s representative or complainant if consistent with the rights and interests of the resident. (See Section III-300 Documentation Guidelines)

Visits to a long-term care facility by an Ombudsman Representative for the purpose of providing residents with access to an Ombudsman Representative and for monitoring and assessing the general condition of residents and/or the physical plant of the facility. (See Section III-300 Documentation Guidelines)

A Senior Certified Volunteer Ombudsman Representative (Senior Certified Volunteer) is a designated volunteer category with responsibility for responding to complaints. Senior Certified Volunteers are independent citizen advocates who visit the residents of long-term care facilities, identifying complaints and concerns. They investigate complaints and work with facility staff to resolve problems, advocating from the resident point of view and with resident permission. Senior Certified Volunteers are recruited by the local Ombudsman entity and are assigned to serve at long-term care facilities in their local communities. Senior Certified Volunteers go through a rigorous training including much of the same training that Ombudsman Representative staff receive. Senior Certified Volunteers must pass the same written and oral exam as an Ombudsman Representative.

Presentations to long-term care facility staff on long-term care issues. (See Section III-300 Documentation Guidelines)

Recruiting, training, managing, and providing technical assistance to volunteers assisting the local Ombudsman entity in carrying out its responsibilities.

A volunteer who is not certified but who visits residents in coordination with the local Ombudsman entity and otherwise provides assistance to the program. A Volunteer Visitor must work under the direct supervision of a certified staff Ombudsman Representative and is not authorized to investigate complaints.