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This entry was published on 2021-07-02
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SECTION 3602
Definitions
Public Health (PBH) CHAPTER 45, ARTICLE 36
§ 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
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
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 household
tasks 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 shall
provide 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 June 30, 2023

16. "Public health council" and "state hospital review and planning
council" shall mean the public health and health planning council.

* 17. "Advanced home health aides" means home health aides who are
authorized to perform advanced tasks as delineated in subdivision two of
section sixty-nine hundred eight of the education law and regulations
issued by the commissioner of education relating thereto. The
commissioner shall promulgate regulations regarding such aides, which
shall include a process for the limitation or revocation of the advanced
home health aide's authorization to perform advanced tasks in
appropriate cases.

* NB Repealed March 31, 2023