Vermont Statutes Title 33 Sec. 7501
Terms Used In Vermont Statutes Title 33 Sec. 7501
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- 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.
- Long-term care: means services and supports received by an individual in a long-term care facility or provided to an individual through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration. See
- Long-term care facility: means a residential care home, an assisted living residence or nursing home as defined by section 7102 of this title, or any other similar adult care home that is licensed or required to be licensed pursuant to chapter 71 of this title. See
- Office: means the Office of the State Long-Term Care Ombudsman. See
- Older person: means an individual who is 60 years of age or older. See
- Ombudsman: means the individual selected from among individuals with expertise and experience in the fields of long-term care and advocacy who heads the Office of the State Long-Term Care Ombudsman and is responsible personally, or through representatives of the Office, to fulfill the functions, responsibilities, and duties set forth in 45 C. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- 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
- representatives of the Office: means the employees or volunteers designated by the State Long-Term Care Ombudsman to carry out the duties of the Office, regardless of whether supervision is provided by the Ombudsman, his or her designee, or an agency hosting a local Ombudsman entity designated by the Ombudsman. See
- Resident: means an older person or an individual with disabilities who is 18 years of age or older who resides in a long-term care facility or receives long-term care through the Choices for Care program contained within Vermont's Global Commitment to Health Section 1115 demonstration. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 7501. Definitions
As used in this chapter:
(1) “Long-term care” means services and supports received by an individual in a long-term care facility or provided to an individual through the Choices for Care program contained within Vermont’s Global Commitment to Health Section 1115 demonstration.
(2) “Long-term care facility” means a residential care home, an assisted living residence or nursing home as defined by section 7102 of this title, or any other similar adult care home that is licensed or required to be licensed pursuant to chapter 71 of this title.
(3) “Office” means the Office of the State Long-Term Care Ombudsman.
(4) “Older person” means an individual who is 60 years of age or older.
(5) “Representatives of the Office of the State Long-Term Care Ombudsman” or “representatives of the Office” means the employees or volunteers designated by the State Long-Term Care Ombudsman to carry out the duties of the Office, regardless of whether supervision is provided by the Ombudsman, his or her designee, or an agency hosting a local Ombudsman entity designated by the Ombudsman.
(6) “Resident” means an older person or an individual with disabilities who is 18 years of age or older who resides in a long-term care facility or receives long-term care through the Choices for Care program contained within Vermont’s Global Commitment to Health Section 1115 demonstration.
(7) “Resident representative” means any of the following:
(A) an individual chosen by the resident to act on his or her behalf in order to support the resident with decision making; accessing the resident’s own medical, social, or other personal information; managing financial matters; receiving notifications; or a combination of these;
(B) a person authorized by State or federal law, including an agent under a power of attorney or advance directive, a representative payee, or another fiduciary, to act on the resident’s behalf to support the resident with decision making; accessing the resident’s own medical, social, or other personal information; managing financial matters; receiving notifications; or a combination of these;
(C) legal representative, as used in Section 712 of the federal Older Americans Act, 42 U.S.C. § 3058g; or
(D) the resident’s court-appointed guardian or conservator.
(8) “State Long-Term Care Ombudsman” or “Ombudsman” means the individual selected from among individuals with expertise and experience in the fields of long-term care and advocacy who heads the Office of the State Long-Term Care Ombudsman and is responsible personally, or through representatives of the Office, to fulfill the functions, responsibilities, and duties set forth in 45 C.F.R. §§ 1324.13 and 1324.19.
(9) “Willful interference” means an individual’s action taken or failure to act in an intentional attempt to prevent, interfere with, or impede the Ombudsman or a representative of the Office from performing any of his or her functions, responsibilities, or duties. (Added 1989, No. 251 (Adj. Sess.), § 1; amended 2005, No. 56, § 3, eff. June 13, 2005; 2013, No. 131 (Adj. Sess.), § 94, eff. May 20, 2014; 2017, No. 23, § 1.)