Section 270.105  Definitions

"Complaint" means a concern brought to, or initiated by, the ombudsman for investigation and action by, or on behalf of, one or more residents of a long term care facility relating to health, safety, welfare or rights of a resident.

"Legal representative" means a person properly delegated or designated to exercise decision-making authority on behalf of another person, including, but not limited to, guardians of the estate (whether temporary or permanent), guardians of the person (whether temporary or permanent),  agents appointed under a power of attorney (whether durable or not), health care surrogate decision-makers designated under the Health Care Surrogate Act [775 ILCS 401], and representative payees, appointed by the Social Security Administration or the Railroad Retirement Board pursuant to federal law.

"Long term care facility" means any facility as defined by Section 1-113 of the Nursing Home Care Act [210 ILCS 45]; and any skilled nursing facility or a nursing facility which meets the requirements of Section 1819(a), (b), (c) and (d) or Section 1919(a), (b), (c) and (d) of the Social Security Act, as now or hereafter amended (42 USC 1395i-3(a), (b), (c) and (d) and 42 USC 1396r(a), (b), (c) and (d)). (Section 4.04(b)(2) of the Illinois Act on the Aging [20 ILCS 105/4.04(b)(2)])

"Office" means the Office of the State Long Term Care Ombudsman as established by the Department, which shall be comprised of the State Long Term Care Ombudsman, any other State Ombudsman staff and the Sub-State or Regional Long Term Care Ombudsman Programs.

"Ombudsman" or "representative of the Office" or "duly designated representative of the Office" means any person employed by the Department to fulfill the requirements of the Office, or any representative of a Sub-State Long Term Care Ombudsman Program; provided that the representative, whether he is paid for or volunteers his ombudsman services, shall be qualified and authorized by the Department to perform the duties of an ombudsman and is registered with the Office's Ombudsman Representative Registry. (Section 4.04(b)(3) of the Illinois Act on the Aging [20 ILCS 105/4.04(b)(3)])

"Resident" means any person who is a current resident of a long term care facility, an individual seeking admission to a long term care facility, a former resident, or a deceased resident if the complaint or request for information involves procedures or practices related to admission, discharge and/or the individual's entitlement to care and services under federal and State laws and regulations.

"Sub-State Long Term Care Ombudsman Program", "Sub-State Program", "Regional Long Term Care Ombudsman Program" or "Regional Program" means an agency designated by the Department as a sub-division of the Office.

(Source:  Amended at 25 Ill. Reg. 5259, effective April 1, 2001)