Terms Used In Rhode Island General Laws > Chapter 5-38.5 - Motor Vehicle Glass Consumer Protection Act

• Abuse: means physical abuse, sexual abuse, and/or emotional abuse of an elderly person by a caregiver as defined in subsection (5). See Rhode Island General Laws 42-66-4.1
• Additional drugs: means non-injectable drugs which require a physician's prescription according to federal law and which are contained in the American Hospital Formulary Service pharmacologic-therapeutic classifications categories that have not been determined by the federal "Drug Efficacy and Safety Implementation (DESI) Commission" to lack substantial evidence of effectiveness, which are not included in the definition of drugs as defined in this subdivision. See Rhode Island General Laws 42-66.2-3
• Adult day care services: means a comprehensive supervised program on a regularly scheduled basis to adults with disabilities for a substantial part of the day in a single physical location for a specified number of participants daily. See Rhode Island General Laws 42-66.4-2
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• assisted living facility: means a publicly or privately operated residential development (including a designated wing or section of that development) certified and financed by the Rhode Island housing and mortgage finance corporation that provides lodging, meals and assisted living supportive services to two (2) or more adults and which is licensed by the state pursuant to Rhode Island General Laws 42-66.8-3
• Assisted living residences: means a publicly or privately operated residence that is licensed pursuant to § 23-17-4 of the general laws as amended. See Rhode Island General Laws 42-66.3-1
• Assisted living supportive services: means : Personal care and services, homemaker, chore, attendant care, companion services, medication oversight (to the extent permitted under state law), therapeutic social and recreational programming, provided in a home-like environment in a licensed assisted living facility, in conjunction with residing in the facility. See Rhode Island General Laws 42-66.8-3
• assisted living unit: means an apartment, condominium, bed or other dwelling quarters in an assisted living facility as defined by this chapter. See Rhode Island General Laws 42-66.8-3
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Care management services: means the coordination of a plan of care and services provided at home or in the home of a responsible adult to an eligible client. See Rhode Island General Laws 42-66.6-2
• Caregiver: means a person who has assumed the responsibility for the care of the elderly person voluntarily, by contract or by order of a court of competent jurisdiction, or who is otherwise legally responsible for the care of the elderly person. See Rhode Island General Laws 42-66-4.1
• Certified: means the assisted living facility has been determined by Rhode Island housing to comply with its rules, regulations and guidelines for assisted living. See Rhode Island General Laws 42-66.8-3
• Certified home health: means a home care services agency which is licensed by the state and which is qualified to participate as a home health agency under the provisions of Rhode Island General Laws 42-66.4-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer: means any full-time resident of the state who fulfills the eligibility requirements set forth in Rhode Island General Laws 42-66.2-3
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means a third party or private vendor capable of administering a program of reimbursement for prescription drugs, and drug program eligibility administrative support as required by the director, the vendor to be determined through a competitive bid process in which the director awards a three (3) year contract for services. See Rhode Island General Laws 42-66.2-3
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Department: means the office of healthy aging. See Rhode Island General Laws 42-66.2-3
• Department: means the Rhode Island department of business regulation and the official actions, duties, and responsibilities of its director, deputy directors, employees, or authorized designees. See Rhode Island General Laws 5-38.5-3
• Director: means the director of the department of elderly affairs unless the context clearly requires a different meaning. See Rhode Island General Laws 42-66.4-2
• Director: means the director of the office of healthy aging. See Rhode Island General Laws 42-66.3-1
• Director: means the director of the office of healthy aging. See Rhode Island General Laws 42-66.7-3
• Director: means the director of the office of healthy aging. See Rhode Island General Laws 42-66.2-3
• Director: shall mean the director of the department of elderly affairs or the director's designee. See Rhode Island General Laws 42-66.1-2
• Director: means the director of the Rhode Island department of business regulation, department officials, or authorized individuals designated by the director to take official actions. See Rhode Island General Laws 5-38.5-3
• elder: means any person sixty (60) years of age or older. See Rhode Island General Laws 42-66-4.1
• Elderly: means any person sixty (60) years of age or older who is a resident of any facility. See Rhode Island General Laws 42-66.7-3
• Eligible drugs: means insulin, injectable drugs for multiple sclerosis, and shall mean non-injectable drugs which require a physician's prescription according to federal law and which are contained in the following American Hospital Formulary Service pharmacologic-therapeutic classifications categories that have not been determined by the federal "Drug Efficacy and Safety Implementation (DESI) Commission" to lack substantial evidence of effectiveness. See Rhode Island General Laws 42-66.2-3
• Emotional abuse: means a pattern of willful infliction of mental or emotional harm upon an elder by threat, intimidation, isolation or other abusive conduct. See Rhode Island General Laws 42-66-4.1
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Exploitation: means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses. See Rhode Island General Laws 42-66-4.1
• Facilities: include , but are not limited to, nursing homes, intermediate care facilities, extended care facilities, convalescent homes, rehabilitation centers, home care agencies, homes for the aged, veterans' homes, boarding homes, and adult supportive care, residential care and assisted living residences. See Rhode Island General Laws 42-66.7-3
• Facility: means any facility or institution, home care provider or home nursing care provider, whether public or private, offering health or health related services for the institutionalized elderly, and which is subject to regulation, visitation, inspection, or supervision by any government agency. See Rhode Island General Laws 42-66.7-3
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Government agency: means any department, division, office, bureau, board, commission, authority, nonprofit community organization, or any other agency or instrumentality created by any municipality or by the state, or to which the state is a party, which is responsible for the regulation, inspection, visitation, or supervision of facilities or which provides services to residents of facilities. See Rhode Island General Laws 42-66.7-3
• Government funds: means funds provided under the provisions of chapter 8 of Title 40. See Rhode Island General Laws 42-66.8-3
• Government funds: means funds provided under the provisions of chapter 8 of Title 40. See Rhode Island General Laws 42-66.4-2
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Health oversight agency: means , for the purposes of this chapter, the office of healthy aging or the person or entity designated as the state's long-term care ombudsperson by the director of the office of healthy aging, including the employees or agents of such person or entity, when they are acting to fulfill the duties and responsibilities of the state's long-term care ombudsperson program in which health information is necessary to oversee the health system and in accordance with the U. See Rhode Island General Laws 42-66.7-3
• Home and community care services: means arranging for, or providing directly to the client, or providing through contract services — such as home health aid/homemaker services and such other services that may be required for a client to remain in the community and as may be promulgated by department regulations. See Rhode Island General Laws 42-66.3-1
• Home care services: means those services provided by: (a) Medicare/Medicaid certified and state licensed home health agency, and (b) state licensed home health aide/homemaker agency. See Rhode Island General Laws 42-66.4-2
• Homebound: means the condition of the client is such that the client does not have the normal ability to leave home, consequently leaving the home requires a considerable and taxing effort by the client. See Rhode Island General Laws 42-66.3-1
• Housing for the elderly: shall mean private and public housing complexes designated by the federal government as housing for the elderly located in the state. See Rhode Island General Laws 42-66.1-2
• in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
• Interfere: means willing and continuous conduct which prevents the ombudsperson from performing her or his official duties. See Rhode Island General Laws 42-66.7-3
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Licensed motor vehicle glass repair shop: means a motor vehicle glass repair shop that has a current, valid license for motor vehicle glass repair issued under this chapter. See Rhode Island General Laws 5-38.5-3
• Long-term care assessment: means a program that provides a uniform health, social and functional assessment of persons in need of long-term care services due to chronic impairment or disability. See Rhode Island General Laws 42-66.6-2
• Long-term care assessment: means a program, approved by the directors of human services and elderly affairs, that provides a uniform health, social and functional assessment of persons in need of long-term care services due to chronic impairment or disability. See Rhode Island General Laws 42-66.8-3
• Long-term care ombudsperson: means the person or persons designated by the director of the office of healthy aging for the purpose of advocating on behalf of recipients of long-term care services and of receiving, investigating and resolving through mediation, negotiation and administrative action complaints filed by recipients of long-term care services; individuals acting on their behalf or any individual organization or government agency that has reason to believe that a long-term care agency has engaged in activities, practices or omissions that constitute a violation of applicable statutes or regulations or that may have an adverse effect upon the health, safety, welfare, rights or the quality of life of recipients of long-term care services. See Rhode Island General Laws 42-66.3-1
• Minority leader: See Floor Leaders
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Motor vehicle glass repair: means the business or act of repairing or replacing damaged or undamaged glass in motor vehicles for compensation. See Rhode Island General Laws 5-38.5-3
• Motor vehicle glass repair shop: means a person or entity who or that, for compensation, or with the intention or expectation of receiving the same, repairs or replaces, or undertakes to repair or replace, motor vehicle glass. See Rhode Island General Laws 5-38.5-3
• Neglect: means the willful failure by a caregiver or other person with a duty of care to provide goods or services necessary to avoid physical harm, mental harm or mental illness to an elderly person, including, but not limited to, "abandonment" (withdrawal of necessary assistance) and denial of food or health related services. See Rhode Island General Laws 42-66-4.1
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Official duties: means work pursuant to the long-term care ombudsperson program authorized by the federal Older Americans Act or the long-term care ombudsperson program authorized by state law and carried out under the auspices and general direction of the state long-term care ombudsperson. See Rhode Island General Laws 42-66.7-3
• Ombudsperson: means the person or persons designated by the director. See Rhode Island General Laws 42-66.7-3
• Oversight: Committee review of the activities of a Federal agency or program.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means individuals, associations, partnerships, firms, and corporations, and the officers, directors, and employees of a corporation. See Rhode Island General Laws 5-38.5-3
• person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
• Person: means any individual, trust, or estate, partnership, limited liability corporation, corporation (including associations, joint stock companies, and insurance companies), state, or political subdivision or instrumentality of a state. See Rhode Island General Laws 42-66.7-3
• Personal property: All property that is not real property.
• Pharmaceutical manufacturer: means any entity holding legal title to or possession of a national drug code number issued by the federal food and drug administration. See Rhode Island General Laws 42-66.2-3
• Pharmacy: means a pharmacy licensed by the state of Rhode Island. See Rhode Island General Laws 42-66.2-3
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Protective services: means services and/or action intended to prevent and/or alleviate the abuse, neglect, exploitation or self-neglect of elderly persons. See Rhode Island General Laws 42-66-4.1
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Resident: means any person age sixty (60) years of age or older who is receiving treatment, care, or housing in any facility in all of its aspects including, but not limited to, admission, retention, confinement, period of residence, transfer, discharge, and in any instances directly related to that status. See Rhode Island General Laws 42-66.7-3
• Rhode Island housing: means that public corporation authorized and created by §?42-55-4. See Rhode Island General Laws 42-66.8-3
• Self-neglect: means a pattern of behavior in an elderly person that directly, imminently and significantly threatens his/her own health and/or, safety. See Rhode Island General Laws 42-66-4.1
• Sexual abuse: means the infliction of non-consensual sexual contact of any kind upon an elderly person. See Rhode Island General Laws 42-66-4.1
• Summons: Another word for subpoena used by the criminal justice system.
• town: may be construed to include city; the words "town council" include city council; the words "town clerk" include city clerk; the words "ward clerk" include clerk of election district; the words "town treasurer" include city treasurer; and the words "town sergeant" include city sergeant. See Rhode Island General Laws 43-3-9
• Trustee: A person or institution holding and administering property in trust.
• United States: include the several states and the territories of the United States. See Rhode Island General Laws 43-3-8
• Willful: means intentional, conscious and directed toward achieving a purpose. See Rhode Island General Laws 42-66-4.1