1.For purposes of this chapter, unless the context otherwise requires:
a.“Administrative action” means an action or decision made by an owner, employee,
or agent of a long-term care facility, assisted living program, elder group home, or by a
governmental agency, which affects the service provided to residents or tenants covered in
this chapter.
b.“Assisted living program” means a program which provides assisted living as defined
pursuant to section 231C.2 and which is certified under chapter 231C.
c.“Brain injury” means the same as defined in section 135.22.
d.“Certified volunteer long-term care ombudsman” or “certified volunteer” means a
volunteer long-term care ombudsman certified pursuant to section 231.45.
e.“Council” means the council on health and human services created in sec
Free access — add to your briefcase to read the full text and ask questions with AI
1. For purposes of this chapter, unless the context otherwise requires:
a. “Administrative action” means an action or decision made by an owner, employee,
or agent of a long-term care facility, assisted living program, elder group home, or by a
governmental agency, which affects the service provided to residents or tenants covered in
this chapter.
b. “Assisted living program” means a program which provides assisted living as defined
pursuant to section 231C.2 and which is certified under chapter 231C.
c. “Brain injury” means the same as defined in section 135.22.
d. “Certified volunteer long-term care ombudsman” or “certified volunteer” means a
volunteer long-term care ombudsman certified pursuant to section 231.45.
e. “Council” means the council on health and human services created in section 217.2.
f. “Department” means the department of health and human services.
g. “Director” means the director of health and human services.
h. “Elder group home” means elder group home as defined in section 231B.1 which is
certified under chapter 231B.
i. “Equivalent support” means in-kind contributions of services, goods, volunteer support
time, administrative support, or other support reasonably determined by the department as
equivalent to a dollar amount.
j. “Federal Act” means the Older Americans Act of 1965, 42 U.S.C. §3001 et seq., as
amended.
k. “Home and community-based services” means a continua of services available in an
individual’s home or community which include but are not limited to case management
services, options counseling, family caregiving, homemaker services, personal care services,
adult day services, respite services, congregate and home delivered meals, nutrition
counseling, nutritioneducation, andothermedicalandsocialserviceswhichcontributetothe
health and well-being of individuals and their ability to reside in a home or community-based
care setting.
l. “Legalrepresentative”meansatenant’slegalrepresentativeasdefinedinsection231B.1
or231C.2, oraresident’sguardian, conservator, representativepayee, oragentunderapower
of attorney.
m. “Long-term care facility” means a long-term care unit of a hospital or a facility licensed
under section 135C.1 whether the facility is public or private.
n. “Long-term care ombudsman” means an advocate for residents and tenants of
long-term care facilities, assisted living programs, and elder group homes who carries out
duties as specified in this chapter.
o. “Older individual” means an individual who is sixty years of age or older.
p. “Options counseling” means a service involving an interactive process, which may
include a needs assessment, directed by the recipient individual and which may include
other participants of the individual’s choosing and the individual’s legal representative, in
which the individual receives guidance to make informed choices about long-term living and
community support services in order to sustain independent living.
q. “Resident” means an individual residing in a long-term care facility, excluding facilities
licensed primarily to serve persons with an intellectual disability or mental illness.
r. “Tenant” means an individual who receives assisted living services through an assisted
living program or an individual who receives elder group home services through an elder
group home.
s. “Unit of general purpose local government” means the governing body of a city, county,
township, metropolitan area, or region within the state that has a population of one hundred
thousand or more, that is recognized for areawide planning, and that functions as a political
§231.4, HEALTH AND HUMAN SERVICES — AGING AND DISABILITY SERVICES 4
subdivision of the state whose authority is general and not limited to only one function or
combination of related functions, or a tribal organization.
2. Forthepurposesofthischapter, “aginganddisabilityresourcecenter”, “areaagencyon
aging”, “focal point”, “greatest economic need”, “greatest social need”, “planning and service
area”, and “tribal organization” mean as those terms are defined in the federal Act.