Terms Used In Delaware Code > Title 16 > Chapter 11 - Long-Term Care Facilities and Services

• Actuary: means a person who is a member in good standing of the American Academy of Actuaries. See Delaware Code Title 18 Sec. 1802
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• adult person: means a person of the age of 18 years or older. See Delaware Code Title 1 Sec. 302
• Agency: means any private or public agency operating in the State, one of whose purposes is the funding, provision or regulation of health care services. See Delaware Code Title 16 Sec. 1151
• Allegation: something that someone says happened.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Applicant: means any of the following:

  a. See Delaware Code Title 16 Sec. 1141

• Applicant: means any of the following:

  a. See Delaware Code Title 16 Sec. 1145

• Applicant: means any of the following:

  a. See Delaware Code Title 16 Sec. 1190

• Appraisal: A determination of property value.
• 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
• 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 special combination of housing, supportive services, supervision, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living or instrumental activities of daily living. See Delaware Code Title 16 Sec. 1102
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Authorized representative: means an individual who has the highest priority to act for the patient under law, and who has the authority to make decisions with respect to the patient's health-care preferences. See Delaware Code Title 16 Sec. 1145
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• CMS: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• controlling person: includes the following:

  1. See Delaware Code Title 16 Sec. 1102

• Conviction: A judgement of guilt against a criminal defendant.
• Court: means the Superior Court or the Family Court of the State, both of which courts shall have jurisdiction and responsibility for the implementation of this chapter. See Delaware Code Title 16 Sec. 5001
• Credentialed mental health screener: means an individual who is:

  a. See Delaware Code Title 16 Sec. 5001

• Criminal history: means a report from the Department regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U. See Delaware Code Title 16 Sec. 1141
• Criminal history: means a report from the Department regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U. See Delaware Code Title 16 Sec. 1145
• Criminal history: means a report from the Department of Health and Social Services regarding its review of the applicant's entire federal criminal history from the Federal Bureau of Investigation, under Public Law 92-544 as amended (28 U. See Delaware Code Title 16 Sec. 1190
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dangerous to others: means that by reason of mental condition there is a substantial likelihood that the person will inflict serious bodily harm upon another person within the immediate future. See Delaware Code Title 16 Sec. 5001
• Dangerous to self: means that by reason of mental condition there is a substantial likelihood that the person will imminently sustain serious bodily harm to oneself. See Delaware Code Title 16 Sec. 5001
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1102
• Department: means the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• Department: means the Department of Health and Social Services. See Delaware Code Title 16 Sec. 1145
• Dependent: A person dependent for support upon another.
• Designated psychiatric treatment facilities: means all facilities designated by the Secretary to provide psychiatric emergency care for individuals believed to have a mental condition and whose behavior is believed to be dangerous to self or dangerous to others; such facilities include psychiatric hospitals operated by the State of Delaware, privately operated psychiatric hospitals, any psychiatric emergency receiving facilities that provide mental health screenings, evaluations, treatment, and referral services, or other facilities as may be designated by the Department by regulation. See Delaware Code Title 16 Sec. 5001
• Director: means the Director of the Division of Public Health, or such persons as may be designated by the Director. See Delaware Code Title 16 Sec. 101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: shall mean the Division of Health Care Quality;

  (4) a. See Delaware Code Title 16 Sec. 1102

• Division: means the Division of Public Health. See Delaware Code Title 16 Sec. 101
• Donor: The person who makes a gift.
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• emergently detained: means the process whereby an adult who appears to have a mental condition, and whose mental condition causes the person to be dangerous to self or dangerous to others, and who is unwilling to be admitted to a facility voluntarily for assessment or care, is involuntarily detained for such evaluation and treatment for 24 hours in a designated psychiatric facility because other less restrictive, more community integrated services are not appropriate or available to meet the person's current mental health-care needs. See Delaware Code Title 16 Sec. 5001
• Employer: means a home-care agency; a management company that contracts to provide services on behalf of a home-care agency; or other business entity, including a temporary employment agency, that contracts to provide services on behalf of a home-care agency. See Delaware Code Title 16 Sec. 1145
• Employer: means a prescribed pediatric extended care center. See Delaware Code Title 16 Sec. 1190
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Executor: A male person named in a will to carry out the decedent
• Facility: means any facility licensed under subchapter I of this chapter. See Delaware Code Title 16 Sec. 1141
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• family care home: means a home, including a physical structure and the necessary equipment, that provides beds and personal care services for 2 or 3 residents who cannot live independently and who need or could benefit from a family living situation, and that provides shelter, housekeeping services, food, meals, and personal care for residents. See Delaware Code Title 16 Sec. 1102
• Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. ^{Source: OCC}
• Fiduciary: A trustee, executor, or administrator.
• Firearm: means as defined under § 222 of Title 11. See Delaware Code Title 16 Sec. 6202
• Fraud: Intentional deception resulting in injury to another.
• Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• group home for persons with AIDS: means a residence for 16 or less individuals with AIDS that only admits those individuals with an established diagnosis and disease progression such that the individual requires a routine and frequent combination of physician, professional nursing, and supportive services. See Delaware Code Title 16 Sec. 1102
• group home for persons with mental illness: means a residence that provides 24-hour supports, mental health treatment, rehabilitation, housing for between 3 and 10 adults with a primary diagnosis of psychiatric disabilities, and is fully integrated in the community, not on the grounds of an institution, has shared common living areas, and is where the individual chooses to live. See Delaware Code Title 16 Sec. 1102
• Gun shop: means a business located in this State that sells firearms, deadly weapons, or related projects, such as ammunition. See Delaware Code Title 16 Sec. 6202
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Home-care agency: means all programs or agencies licensed under § 122(3)m. See Delaware Code Title 16 Sec. 1145
• Hospital: means the Delaware Psychiatric Center and any hospital in this State which is certified by the Secretary of the Department of Health and Social Services as being an appropriate facility for the diagnosis, care and treatment of persons with mental conditions 18 years of age or older. See Delaware Code Title 16 Sec. 5001
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Infant: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means any institution operated, maintained or under the supervision of the Department of Health and Social Services. See Delaware Code Title 16 Sec. 6001
• insured: as used in this subchapter , shall not be construed as preventing a person other than the insured with a proper insurable interest from making application for and owning a policy covering the insured or from being entitled under such a policy to any indemnities, benefits, and rights provided therein. See Delaware Code Title 18 Sec. 3328
• Insurer: means any person, firm, association or corporation duly licensed in this State as an insurance company pursuant to Chapter 17 of this title. See Delaware Code Title 18 Sec. 1802
• intensive behavioral support and educational residence: means a residential facility that provides services to adult individuals with autism, developmental disabilities, or severe mental or emotional disturbances who have specialized behavioral needs. See Delaware Code Title 16 Sec. 1102
• Involuntary patient: means a person admitted pursuant to emergency detention, provisional admission, a complaint for involuntary civil commitment, a probable cause hearing or an involuntary inpatient commitment hearing to the custody of a designated psychiatric treatment facility or hospital for observation, diagnosis, care and treatment. See Delaware Code Title 16 Sec. 5001
• Juvenile mental health screener: means a person authorized by the Department of Services for Children, Youth and Their Families to assess individuals under the age of 18 for emergency detention. See Delaware Code Title 16 Sec. 5001
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Licensed counselor working in the field of mental health: means "licensed counselor working in the field of mental health" as defined by Chapter 30 of Title 24. See Delaware Code Title 16 Sec. 5401
• Licensed independent practitioner: means employees of designated psychiatric treatment facilities, in addition to psychiatrists, who hold credentials and privileges to admit persons into care and write orders to treat said persons in that facility. See Delaware Code Title 16 Sec. 5001
• Lien: A claim against real or personal property in satisfaction of a debt.
• Limited license: means the authority of a person or entity authorized to sell certain coverages relating to the rental of vehicles pursuant to this chapter. See Delaware Code Title 18 Sec. 2002
• Long-term care facility: includes all of the following:

  1. See Delaware Code Title 16 Sec. 1102

• Long-term care facility: means any facility as defined in § 1102 of this title. See Delaware Code Title 16 Sec. 1151
• Medicaid: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
• Medicaid share of the quality assessment: means for each nursing facility, the assessment cost applicable to Medicaid residents. See Delaware Code Title 16 Sec. 1180
• Mental condition: means a current, substantial disturbance of thought, mood, perception or orientation which significantly impairs judgment, capacity to control behavior, or capacity to recognize reality. See Delaware Code Title 16 Sec. 5001
• Mental health services provider: means any physician, registered professional nurse, licensed counselor working in the field of mental health, psychologists and licensed clinical social workers as defined in this chapter. See Delaware Code Title 16 Sec. 5401
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• neighborhood home: means a residence for no more than 5 individuals that is fully integrated in the community, not on the grounds of an institution, has shared common living areas, is where the individual chooses to live, and offers 24-hour supports to individuals with intellectual or developmental disabilities. See Delaware Code Title 16 Sec. 1102
• Nursing facility: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
• Nursing facility services: means as defined in § 6501 of Title 30. See Delaware Code Title 16 Sec. 1180
• nursing home: means a residential facility that provides services to residents including resident beds, continuous nursing services, and health and treatment services for individuals who do not currently require continuous hospital care and that provides care in accordance with a physician's order and requires the supervision of a registered nurse (RN). See Delaware Code Title 16 Sec. 1102
• 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.
• Ombudsperson: means the person designated under the Older Americans Act, as amended (42 U. See Delaware Code Title 16 Sec. 1151
• 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.
• Patient: means any person with whom the mental health services provider has established a patient-care provider relationship. See Delaware Code Title 16 Sec. 5401
• Patient: means any person admitted, committed to or placed in any such institution for the purpose of treatment. See Delaware Code Title 16 Sec. 6001
• Peace officer: means any public officer authorized by law to make arrests in a criminal case. See Delaware Code Title 16 Sec. 5001
• Person: means an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, or any other legal entity, and includes a legal successor of those entities. See Delaware Code Title 16 Sec. 1102
• Person with a mental condition: includes every person with an emotional or psychiatric disorder or disability. See Delaware Code Title 1 Sec. 302
• Personal property: All property that is not real property.
• Physician: means "physician" as defined by Chapter 17 of Title 24. See Delaware Code Title 16 Sec. 5401
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• 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}
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prescribed pediatric extended care center: means a facility licensed under § 122(3)q. See Delaware Code Title 16 Sec. 1190
• Private residence: means the domicile of the individual in need of care, either personally owned by that individual or considered the place of residence of that individual. See Delaware Code Title 16 Sec. 1145
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 1102
• Psychiatrist: means an individual who possesses a valid State of Delaware license to practice medicine and has completed an accredited residency training program in psychiatry. See Delaware Code Title 16 Sec. 5001
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Record: means any medical, social, or financial information pertaining to a resident of a long-term care facility which is maintained by any agency regulated under this chapter or Chapter 10 of this title; provided, however, that "record" does not include criminal investigative files. See Delaware Code Title 16 Sec. 1151
• Registered professional nurse: means "registered professional nurse" as defined by Chapter 19 of Title 24. See Delaware Code Title 16 Sec. 5401
• 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.
• Rental agreement: means any written agreement setting forth the terms and conditions governing the use of a vehicle provided by the rental company for rental or lease. See Delaware Code Title 18 Sec. 2002
• Rental company: means any person or entity in the business of providing primarily motor vehicles to the public under a rental agreement for a rental period not to exceed 90 days. See Delaware Code Title 18 Sec. 2002
• rental vehicle: means a motor vehicle of the private passenger type including passenger vans, minivans and sport utility vehicles, and of the cargo type, including cargo vans, pickup trucks with a gross vehicle weight of less than 26,000 pounds and which do not require the operator to possess a commercial driver's license. See Delaware Code Title 18 Sec. 2002
• Renter: means any person obtaining the use of a vehicle from a rental company under the terms of a rental agreement for a rental period not to exceed 90 days. See Delaware Code Title 18 Sec. 2002
• 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 an individual, whether identified as a patient, guest, or other designation, residing and receiving services in a long-term care facility. See Delaware Code Title 16 Sec. 1102
• rest residential facility: means a facility that provides resident beds and personal care services in a homelike environment for adult individuals who are normally able to manage their own activities of daily living. See Delaware Code Title 16 Sec. 1102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
• SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1141
• SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1145
• SBI: means the State Bureau of Identification. See Delaware Code Title 16 Sec. 1190
• Secretary: means the Secretary of the State of Delaware Department of Health and Social Services. See Delaware Code Title 16 Sec. 5001
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• Serious bodily harm: means physical injury which creates a substantial risk of death, significant and prolonged disfigurement, significant impairment of health, or significant impairment of the function of any bodily organ. See Delaware Code Title 16 Sec. 5001
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State Civil Penalty Trust Fund: means a fund maintained by the Department to which civil money penalties imposed for violations of state statute or regulation are to be remitted. See Delaware Code Title 16 Sec. 1102
• Statute: A law passed by a legislature.
• sterilization: means any surgical or medical procedure intended to render a person permanently unable to procreate. See Delaware Code Title 16 Sec. 5701
• Subpoena: A command to a witness to appear and give testimony.
• subsidiaries: shall include , in addition to those such corporations where the insurer owns a majority of their stock, those corporations formed or acquired by an insurer where it owns less than a majority of such corporation's voting stock due to the laws of a foreign national which require the insurer to own less than a majority of the voting stock of such subsidiary insurance corporation if it is to operate in that nation. See Delaware Code Title 18 Sec. 1313
• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trustee: A person or institution holding and administering property in trust.
• Voluntary patient: means a person who voluntarily seeks treatment at, and is admitted to, a designated psychiatric treatment facility or hospital for inpatient treatment of a mental condition. See Delaware Code Title 16 Sec. 5001
• Voluntary treatment: means a person voluntarily taking medications as prescribed and following the recommendations of the attending physician or the Division for the management of tuberculosis. See Delaware Code Title 16 Sec. 520
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.