§ 3602 — Definitions

§ 3602. Definitions. As used in this article, the following words and\nphrases shall have the following meanings unless the context otherwise\nrequires:\n 1. "Home care services" means one or more of the following services\nprovided to persons at home: (a) those services provided by a home care\nservices agency; (b) home health aide services; (c) personal care\nservices; (d) homemaker services; (e) housekeeper or chore services.\n 2. "Home care services agency" means an organization primarily engaged\nin arranging and/or providing directly or through contract arrangement\none or more of the following: Nursing services, home health aide\nservices, and other therapeutic and related services which may include,\nbut shall not be limited to, physical, speech and occupational therapy,\nnutritional services, medical social services, personal care services,\nhomemaker services, and housekeeper or chore services, which may be of a\npreventive, therapeutic, rehabilitative, health guidance, and/or\nsupportive nature to persons at home.\n 3. "Certified home health agency" means a home care services agency\nwhich possesses a valid certificate of approval issued pursuant to the\nprovisions of this article, or a residential health care facility or\nhospital possessing a valid operating certificate issued under article\ntwenty-eight of this chapter which is authorized under section\nthirty-six hundred ten of this article to provide a long term home\nhealth care program. Such an agency, facility, or hospital must be\nqualified to participate as a home health agency under the provisions of\ntitles XVIII and XIX of the federal Social Security Act and shall\nprovide, directly or through contract arrangement, a minimum of the\nfollowing services which are of a preventive, therapeutic,\nrehabilitative, health guidance and/or supportive nature to persons at\nhome: nursing services; home health aide services; medical supplies,\nequipment and appliances suitable for use in the home; and at least one\nadditional service which may include, but not limited to, the provisions\nof physical therapy, occupational therapy, speech pathology, nutritional\nservices and medical social services.\n 4. "Home health aide services" means simple health care tasks,\npersonal hygiene services, housekeeping tasks essential to the patient's\nhealth and other related supportive services. Such services shall be\nprescribed by a physician in accordance with a plan of treatment for the\npatient and shall be under the supervision of a registered professional\nnurse from a certified home health agency or, when appropriate, from a\nprovider of a long term home health care program and of the appropriate\nprofessional therapist from such agency or provider when the aide\ncarries out simple procedures as an extension of physical, speech or\noccupational therapy. Such services may also be prescribed or ordered by\na nurse practitioner to the extent authorized by law and consistent with\nsubdivision three of section six thousand nine hundred two of the\neducation law and not prohibited by federal law or regulation.\n 5. "Personal care services" means services to assist with personal\nhygiene, dressing, feeding and household tasks essential to the\npatient's health. Such services shall be prescribed by a physician in\naccordance with a plan of home care supervised by a registered\nprofessional nurse. Such services may also be prescribed or ordered by a\nnurse practitioner to the extent authorized by law and consistent with\nsubdivision three of section six thousand nine hundred two of the\neducation law and not prohibited by federal law or regulations.\n 6. "Homemaker services" means assistance and instruction in managing\nand maintaining a household, dressing, feeding, and incidental household\ntasks for persons at home because of illness, incapacity, or the absence\nof a caretaker relative. Such services shall be provided by persons who\nmeet the standards established by the department of social services.\n 7. "Housekeeper services" or "chore services" means the provision of\nlight work or household tasks which do not require the services of a\ntrained homemaker. Such services may be provided for persons at home\nbecause of illness, incapacity, or the absence of a caretaker relative\nby persons who meet the standards established by the department of\nsocial services.\n 8. "Long term home health care program" means a coordinated plan of\ncare and services provided at home to invalid, infirm, or disabled\npersons who are medically eligible for placement in a hospital or\nresidential health care facility for an extended period of time if such\nprogram were unavailable.\n a. Such program shall be provided in the person's home or in the home\nof a responsible relative or other responsible adult.\n b. Such program shall be provided in adult care facilities, other than\nshelters for adults, certified pursuant to section four hundred sixty-b\nof the social services law, provided that the person meets the admission\nand continued stay criteria for such facility. Services provided by the\nprogram shall not duplicate or replace those which the facility is\nrequired by law or regulation to provide.\n c. Approved long term home health care program providers may include,\nas part of their long term home health care program, upon approval by\nthe commissioner, a discrete AIDS home care program as defined in this\nsection.\n 9. "Hospital" means a hospital as defined in section twenty-eight\nhundred one of this chapter.\n 10. "Residential health care facility" means a residential health care\nfacility as defined in section twenty-eight hundred one of this chapter.\n 11. "Government funds" means funds provided under the provisions of\ntitle eleven of article five of the social services law.\n 12. "Construction" means the addition or deletion of services offered;\na change in the agency's geographic service area; the erection,\nbuilding, or substantial acquisition or alteration of a physical\nstructure or equipment; or a substantial change in the method of\nproviding services.\n 13. "Licensed home care services agency" means a home care services\nagency, issued a license pursuant to section three thousand six hundred\nfive of this chapter.\n 14. "AIDS home care program" means a coordinated plan of care and\nservices provided at home to persons who are medically eligible for\nplacement in a hospital or residential health care facility and who (a)\nare diagnosed by a physician as having acquired immune deficiency\nsyndrome (AIDS), or (b) are deemed by a physician, within his judgment,\nto be infected with the etiologic agent of acquired immune deficiency\nsyndrome, and who has an illness, infirmity or disability which can be\nreasonably ascertained to be associated with such infection. Such\nprogram shall be provided only by a provider of a long term home health\ncare program specifically authorized pursuant to this article to provide\nan AIDS home care program or by an AIDS center, as defined in\nregulations promulgated by the commissioner, specifically authorized\npursuant to this article to provide an AIDS home care program. Such\nprogram shall be provided in the person's home or in the home of a\nresponsible relative, other responsible adult, adult care facilities\nspecifically approved to admit or retain residents for such program, or\nin other residential settings as approved by the commissioner in\nconjunction with the commissioner of social services. Such program shall\nprovide services including, but not be limited to, the full complement\nof health, social and environmental services provided by long term home\nhealth care programs in accordance with regulations promulgated by the\ncommissioner. Such programs shall also provide such other services as\nrequired by the commissioner to assure appropriate care at home for\npersons eligible under this section.\n * 15. "Limited home care services agency" means a certified operator\nof an adult home or an enriched housing program which directly provides:\npersonal care services authorized and provided in accordance with rules\nand regulations of the department of social services; and the\nadministration of medications and application of sterile dressings by a\nregistered nurse, provided, however, that the services provided by such\nagency are not services that must be provided to residents of such\nfacilities pursuant to article seven of the social services law and\nrules and regulations of the department of social services. Such\noperator may provide these services only to residents of the adult home\nor enriched housing program governed by the terms of such limited\nlicense.\n * NB Expires June 30, 2027\n 16. "Public health council" and "state hospital review and planning\ncouncil" shall mean the public health and health planning council.\n * 17. "Advanced home health aides" means home health aides who are\nauthorized to perform advanced tasks as delineated in subdivision two of\nsection sixty-nine hundred eight of the education law and regulations\nissued by the commissioner of education relating thereto. The\ncommissioner shall promulgate regulations regarding such aides, which\nshall include a process for the limitation or revocation of the advanced\nhome health aide's authorization to perform advanced tasks in\nappropriate cases.\n * NB Repealed March 31, 2029\n