HAR §11-90-2. preferences

"Legal representative or designee" means an attorney at law, a person holding a general power of attorney or special power of attorney for health care, guardian, conservator, or any person appointed by a court to manage the personal or financial affairs of the resident or person or agency legally responsible for the welfare or support of the resident, other than the facility. "License" means an assisted living facility license. "Licensed nurse" means a person who is licensed as a registered nurse in the State of Hawaii pursuant to chapter 457, HRS. "Licensee" means the person or entity (the owners) to whom a license to operate an assisted living facility is issued and who is legally responsible for the operation of the facility. "Managed risk" means a formal process of negotiating and developing a plan to address resident needs, decisions, or preferences to reduce the probability of a poor outcome for the resident or of putting others at risk for adverse consequences. "Misappropriation of resident's property" means the illegal or improper use of a client's funds or property for profit or advantage. "Modified diet" means a diet for a diabetic, a low fat diet, low sodium diet, or soft diet, or a special diet 90-5 otherwise ordered by a physician. "Neglect" means a type of action or conduct, performed without the resident's informed consent, which results in the deprivation of food, water, medication, medical services, shelter, or other services necessary to maintain minimum physical or mental health. "Negotiated Plan of Care or Service Plan or Agreement" means a written plan for services developed with the resident or significant others and which includes a recognition of the resident's capabilities and choices. The plan defines the division of responsibility in the implementation of services and specifies measurable goals. "Personal care" means the following two categories of activities: (1) Activities of daily living such as ambulation, mobility, transfer and lifting, §11-90-2 positioning and turning, bowel and bladder care, toileting, bathing, dressing, grooming, feeding, exercise, and range of motion; and (2) Instrumental activities of daily living which are directly related to the well-being of the resident such as meal preparation, bed, kitchen and bathroom cleanliness, housekeeping, laundry, essential errands, transportation, medication assistance, and maintenance of health records. "Physician" means a person who is licensed to practice medicine or osteopathy under chapter 453 or chapter 460, HRS. "Primary care provider" means a person who is licensed to practice medicine or osteopathy under chapter 453 or chapter 460, HRS, or a person who is licensed and recognized as an advanced practice registered nurse under chapter 457. "Privacy" means a specific area or time over which the resident maintains a large degree of control. Privacy is supported with services that are delivered with respect for the resident's civil rights. "Resident" means any person who is receiving room, 90-6 board, care, and services in an assisted living facility for a fee on a 24-hour basis. "Self-administration of medication" means the act of a resident placing medication in or on his or her own body without assistance. This means the resident manages and takes his or her own medications, the resident identifies his or her own medication, the time and manner of administration. "Service plan" means a written plan for services developed with input from a facility staff representative, the resident or significant other (if the resident consents) and includes recognition of the resident's capabilities and choices. The plan defines the division of responsibility in the implementation of the services to be provided and specifies measurable goals. The service plan also specifies who will be responsible for providing services and when and how often care and services will be provided or arranged. The plan shall be developed at the time of admission and shall be reviewed and updated at least semi-annually or when the condition of the resident changes, or when the need arises. "Services" means activities or care provided by §11-90-2 the facility which assist the residents in developing appropriate skills to increase or maintain their level of functioning or which assist them in performing personal care or activities of daily living. "Social work services" means the professional activity of helping individuals, groups, or communities to enhance or restore their capacity for social functioning and to create societal conditions favorable to their goals. "Unlicensed assistive personnel" means an individual who is not licensed to practice nursing, but who provides tasks of nursing care in the State of Hawaii pursuant to chapter 457, HRS. "Waiver" means an exemption from a specific rule for a duration not longer than one year which may be permitted a facility, for a specified period of time, at the discretion of the director. Whenever the singular is used in this chapter it may 90-7 include the plural. [Eff August 23, 1999 ] (Auth: HRS §§321-1, 321-9, 321-10, 321-11(10), 321-15.1) (Imp: HRS §§321-9, 321-11(10), 321-15.1)