NY Pub Health L § 3602 (2021)
2021 New York Laws PBH - Public Health Article 36 - Home Care Services 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   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, 202316. "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