For the purposes of this chapter, the term:
(1) "Administrator" means the person who is responsible for the day-to-day operation and management of a long-term care facility, including, in the case of a community residence facility, the residence director.
(2) "Court" means the Superior Court of the District of Columbia.
(3) "Department of Consumer and Regulatory Affairs" means the District of Columbia Department of Consumer and Regulatory Affairs established pursuant to Reorganization Plan No. 1 of 1983.
(3A) "Department of Health, Health Regulations and Licensing Administration" means the administrative office established in January 17, 2007 under the Department of Health.
(4) "Department of Human Services" means the District of Columbia Department of Human Services established pursuant to Reorganization Plan No. 2 of 1979 and Reorganization Plan No. 3 of 1986.
(4A) "Department of Mental Health" means the Department of Mental Health established as a separate cabinet-level agency pursuant to § 7-1131.03.
(5) "Designee" means a person who:
(A) Has received a minimum of 15 hours of certified training in accordance with § 7-702.04(a)(15);
(B) Is an employee or volunteer of the program established pursuant to § 7- 702.01 or has written authorization to act on behalf of the ombudsman pursuant to § 7-702.04(a)(3).
(6) "Director" means the Executive Director of the District of Columbia Office on Aging established by § 7-503.02.
(6A) "Home care agency" shall have the same meaning as provided in § 44- 501(a)(7).
(7) "Long-term care facility" means:
(A) A "community residence facility" as defined in § 44-501(a)(4);
(B) A "nursing home" as defined in § 44-501(a)(3); or
(C) An "assisted living residence" as defined in § 44-101.01(4).
(7A) "Long-term care services" means services received at a long-term care facility and services provided to residents in the community who need a nursing home level of care and receive home health care through the Medicaid Elderly and Physically Disabled Waiver.
(8) "Ombudsman" means the District of Columbia Long-Term Care Ombudsman established by § 7-702.02(a) and designated under § 307(a)(12) of the Older Americans Act of 1965; (42 U.S.C. § 3027(a)(12)), to perform the mandated functions of the Long-Term Care Ombudsman Program.
(9) "Office on Aging" means the District of Columbia Office on Aging established by § 7-503.01.
(10) "Person" means an individual, an agent, a corporation, a partnership, or any other organizational entity.
(11) "Program" means the District of Columbia Long-Term Care Ombudsman Program established by § 7-702.01.
(12) "Record" means:
(A) Medical, social, personal, or financial information maintained by a health-care facility covered by the Health-Care and Community Residence Facility, Hospice and Home Care Licensure Act of 1983, or by a District of Columbia ("District") government agency that has responsibility for the care and maintenance of a resident in a long-term care facility; and
(B) An administrative record, cost or incident report, or a report of a civil infraction, inspection, or deficiency maintained by a long-term care facility or a District government agency.
(13) "Resident" means a resident of a long-term care facility or an individual receiving long-term care services from a home care agency through the Medicaid Elderly and Physically Disabled Waiver.
(14) "Representative of a resident" means:
(A) A person who is knowledgeable about the circumstances of a resident and has been designated by that resident to represent him or her; or
(B) A person, other than a facility, who has been appointed by a court to administer the financial or personal affairs of a resident or to protect and advocate for the rights of a resident; or
(C) The ombudsman or his or her designee, if no person has been designated or appointed in accordance with subparagraph (A) or (B) of this paragraph.
(Mar. 16, 1989, D.C. Law 7-218, § 101, 36 DCR 534; Mar. 12, 2011, D.C. Law 18-321, § 2(a), 57 DCR 12438; Mar. 14, 2012, D.C. Law 19-111, § 2(a), 59 DCR 455.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3501.
Effect of Amendments
D.C. Law 18-321 added pars. (3A) and (4A); in par. (5)(B), substituted "Is an employee or volunteer" for "Is an employee"; and, in par. (7), deleted "or" from the end of subpar. (A), substituted "; or" for a period at the end of subpar. (B), and added subpar. (C).
D.C. Law 19-111 added pars. (6A) and (7A); and rewrote par. (13), which formerly read:
"(13) 'Resident' means a resident of a long-term care facility."
Legislative History of Laws
Law 7-218, the "District of Columbia Long-Term Care Ombudsman Program Act of 1988," was introduced in Council and assigned Bill No. 7-334, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 6, 1989, it was assigned Act No. 7-293 and transmitted to both Houses of Congress for its review.
Law 18-321, the "Long-Term Care Ombudsman Program Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-1003, which was referred to the Committee on Aging and Community Affairs. The Bill was adopted on first and second readings on November 9, 2010 , and November 23, 2010, respectively. Signed by the Mayor on December 9, 2010, it was assigned Act No. 18-642 and transmitted to both Houses of Congress for its review. D.C. Law 18-321 became effective on March 12, 2011.
Law 19-111, the "Long-Term Care Ombudsman Program Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-213, which was referred to the Committee on Aging and Community Affairs. The Bill was adopted on first and second readings on December 6, 2011, and January 4, 2012, respectively. Signed by the Mayor on January 20, 2012, it was assigned Act No. 19-281 and transmitted to both Houses of Congress for its review. D.C. Law 19-111 became effective on March 14, 2012.
References in Text
The "Health-Care and Community Residence Facility, Hospice, and Home Care Licensure Act of 1983", referred to in paragraph (12), is D.C. Law 5-48.
