3602 - Definitions.

§  3602. Definitions. As used in this article, the following words and  phrases shall have the following meanings unless the  context  otherwise  requires:    1.  "Home  care  services" means one or more of the following services  provided to persons at home: (a) those services provided by a home  care  services  agency;  (b)  home  health  aide  services;  (c) personal care  services; (d) homemaker services; (e) housekeeper or chore services.    2. "Home care services agency" means an organization primarily engaged  in arranging and/or providing directly or through  contract  arrangement  one  or  more  of  the  following:  Nursing  services,  home health aide  services, and other therapeutic and related services which may  include,  but  shall not be limited to, physical, speech and occupational therapy,  nutritional services, medical social services, personal  care  services,  homemaker services, and housekeeper or chore services, which may be of a  preventive,   therapeutic,   rehabilitative,   health  guidance,  and/or  supportive nature to persons at home.    3. "Certified home health agency" means a home  care  services  agency  which  possesses  a valid certificate of approval issued pursuant to the  provisions of this article, or a residential  health  care  facility  or  hospital  possessing  a valid operating certificate issued under article  twenty-eight  of  this  chapter  which  is  authorized   under   section  thirty-six  hundred  ten  of  this  article  to provide a long term home  health care program. Such an  agency,  facility,  or  hospital  must  be  qualified to participate as a home health agency under the provisions of  titles  XVIII  and  XIX  of  the  federal  Social Security Act and shall  provide, directly or through contract  arrangement,  a  minimum  of  the  following   services   which   are   of   a   preventive,   therapeutic,  rehabilitative, health guidance and/or supportive nature to  persons  at  home:  nursing  services;  home  health aide services; medical supplies,  equipment and appliances suitable for use in the home; and at least  one  additional service which may include, but not limited to, the provisions  of physical therapy, occupational therapy, speech pathology, nutritional  services and medical social services.    4.  "Home  health  aide  services"  means  simple  health  care tasks,  personal hygiene services, housekeeping tasks essential to the patient's  health and other related supportive services.  Such  services  shall  be  prescribed by a physician in accordance with a plan of treatment for the  patient  and shall be under the supervision of a registered professional  nurse from a certified home health agency or, when appropriate,  from  a  provider  of a long term home health care program and of the appropriate  professional therapist from  such  agency  or  provider  when  the  aide  carries  out  simple  procedures  as an extension of physical, speech or  occupational therapy. Such services may also be prescribed or ordered by  a nurse practitioner to the extent authorized by law and consistent with  the written practice agreement pursuant to subdivision three of  section  six thousand nine hundred two of the education law and not prohibited by  federal law or regulation.    5.  "Personal  care  services"  means services to assist with personal  hygiene,  dressing,  feeding  and  household  tasks  essential  to   the  patient's  health.  Such  services shall be prescribed by a physician in  accordance  with  a  plan  of  home  care  supervised  by  a  registered  professional nurse. Such services may also be prescribed or ordered by a  nurse  practitioner  to the extent authorized by law and consistent with  the written practice agreement pursuant to subdivision three of  section  six thousand nine hundred two of the education law and not prohibited by  federal law or regulations.    6.  "Homemaker  services" means assistance and instruction in managing  and maintaining a household, dressing, feeding, and incidental householdtasks for persons at home because of illness, incapacity, or the absence  of a caretaker relative. Such services shall be provided by persons  who  meet the standards established by the department of social services.    7.  "Housekeeper  services" or "chore services" means the provision of  light work or household tasks which do not require  the  services  of  a  trained  homemaker.  Such  services  may be provided for persons at home  because of illness, incapacity, or the absence of a  caretaker  relative  by  persons  who  meet  the  standards  established by the department of  social services.    8. "Long term home health care program" means a  coordinated  plan  of  care  and  services  provided  at  home  to invalid, infirm, or disabled  persons who are medically  eligible  for  placement  in  a  hospital  or  residential  health care facility for an extended period of time if such  program were unavailable.    a. Such program shall be provided in the person's home or in the  home  of a responsible relative or other responsible adult.    b. Such program shall be provided in adult care facilities, other than  shelters  for adults, certified pursuant to section four hundred sixty-b  of the social services law, provided that the person meets the admission  and continued stay criteria for such facility. Services provided by  the  program  shall  not  duplicate  or  replace  those which the facility is  required by law or regulation to provide.    c. Approved long term home health care program providers may  include,  as  part  of  their long term home health care program, upon approval by  the commissioner, a discrete AIDS home care program as defined  in  this  section.    9.  "Hospital"  means  a  hospital  as defined in section twenty-eight  hundred one of this chapter.    10. "Residential health care facility" means a residential health care  facility as defined in section twenty-eight hundred one of this chapter.    11. "Government funds" means funds provided under  the  provisions  of  title eleven of article five of the social services law.    12. "Construction" means the addition or deletion of services offered;  a  change  in  the  agency's  geographic  service  area;  the  erection,  building,  or  substantial  acquisition  or  alteration  of  a  physical  structure  or  equipment;  or  a  substantial  change  in  the method of  providing services.    13. "Licensed home care services agency" means a  home  care  services  agency,  issued a license pursuant to section three thousand six hundred  five of this chapter.    14. "AIDS home care program" means a  coordinated  plan  of  care  and  services  provided  at  home  to  persons who are medically eligible for  placement in a hospital or residential health care facility and who  (a)  are  diagnosed  by  a  physician  as  having  acquired immune deficiency  syndrome (AIDS), or (b) are deemed by a physician, within his  judgment,  to  be  infected  with the etiologic agent of acquired immune deficiency  syndrome, and who has an illness, infirmity or disability which  can  be  reasonably  ascertained  to  be  associated  with  such  infection. Such  program shall be provided only by a provider of a long term home  health  care program specifically authorized pursuant to this article to provide  an  AIDS  home  care  program  or  by  an  AIDS  center,  as  defined in  regulations promulgated by  the  commissioner,  specifically  authorized  pursuant  to  this  article  to  provide an AIDS home care program. Such  program shall be provided in the person's home  or  in  the  home  of  a  responsible  relative,  other  responsible  adult, adult care facilities  specifically approved to admit or retain residents for such program,  or  in  other  residential  settings  as  approved  by  the  commissioner in  conjunction with the commissioner of social services. Such program shallprovide services including, but not be limited to, the  full  complement  of  health, social and environmental services provided by long term home  health care programs in accordance with regulations promulgated  by  the  commissioner.  Such  programs  shall also provide such other services as  required by the commissioner to assure  appropriate  care  at  home  for  persons eligible under this section.    * 15.  "Limited  home care services agency" means a certified operator  of an adult home or an enriched housing program which directly provides:  personal care services authorized and provided in accordance with  rules  and   regulations   of  the  department  of  social  services;  and  the  administration of medications and application of sterile dressings by  a  registered  nurse, provided, however, that the services provided by such  agency are not services that must  be  provided  to  residents  of  such  facilities  pursuant  to  article  seven  of the social services law and  rules and  regulations  of  the  department  of  social  services.  Such  operator  may provide these services only to residents of the adult home  or enriched housing program  governed  by  the  terms  of  such  limited  license.    * NB Expires March 31, 2011    * 16.  "Public health council" and "state hospital review and planning  council" shall mean the public health and health planning council.    * NB Effective December 1, 2010