Terms Used In Kansas Statutes 75-7303

  • Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in K. See Kansas Statutes 77-201
  • Guardian: means an individual or a nonprofit corporation certified in accordance with K. See Kansas Statutes 77-201
  • 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.
  • 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
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201

As used in the long-term care ombudsman act:

(a) “Ombudsman” means the state long-term care ombudsman, any regional long-term care ombudsman or any individual designated as an ombudsman under K.S.A. 2018 Supp. 75-7306(h), and amendments thereto, who has received the training required under K.S.A. 2018 Supp. 75-7306(f), and amendments thereto, and who has been designated by the state long-term care ombudsman to carry out the powers, duties and functions of the office of the state long-term care ombudsman.

(b) “Volunteer ombudsman” means an individual who has satisfactorily completed the training prescribed by the state long-term care ombudsman under K.S.A. 2018 Supp. 75-7306(f), and amendments thereto, who is a volunteer assisting in providing ombudsman services and who receives no payment for such service other than reimbursement for expenses incurred in accordance with guidelines adopted therefor by the state long-term care ombudsman.

(c) “Facility” means an adult care home as such term is defined in K.S.A. 39-923, and amendments thereto, except that facility does not include any nursing facility for mental health or any intermediate care facility for people with intellectual disability, as such terms are defined in K.S.A. 39-923, and amendments thereto.

(d) “Resident” means a resident as such term is defined in K.S.A. 39-923, and amendments thereto.

(e) “State long-term care ombudsman” means the individual appointed by the governor to administer the office of the state long-term care ombudsman.

(f) “Regional long-term care ombudsman” means an individual appointed by the state long-term care ombudsman under K.S.A. 2018 Supp. 75-7304, and amendments thereto.

(g) “Office” means the office of the state long-term care ombudsman.

(h) “Conflict of interest” means: (1) Having a pecuniary or other interest in a facility, but not including interests that result only from having a relative who is a resident or from being the guardian of a resident; (2) being actively employed or otherwise having active involvement in representation of or advocacy for any facility or group of facilities, whether or not such representation or advocacy is individual or through an association or other entity, but not including any such active involvement that results only from having a relative who is a resident or from being the guardian of a resident; (3) being employed by or having an active association with any entity that represents any resident or group of residents, including any area agency on aging, but not including any such active association that results only from having a relative who is a resident or from being the guardian of a resident; or (4) receipt of gifts, gratuities, money or compensation from a long-term care facility, its management, a resident or the resident’s representative, in which the ombudsman or ombudsman’s representative provides services.

(i) “Resident representative” means:

(1) An individual chosen by the resident to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;

(2) a person authorized by state or federal law, including, but not limited to, agents under power of attorney, representative payees and other fiduciaries, to act on behalf of the resident in order to support the resident in decision-making; access medical, social or other personal information of the resident; manage financial matters; or receive notifications;

(3) the resident’s legal representative, as used in the older Americans act; or

(4) the court-appointed guardian or conservator of a resident.

Nothing in the definition of “resident representative” shall be construed to expand the scope of authority of any resident representative beyond that authority specifically authorized by the resident, state or federal law or a court of competent jurisdiction.