2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 2 - Licensing and Certifications › Part 2 - Health Care Facility Licensing and Inspection › Section 238 - Definitions for Sections 26B-2-238 through 26B-2-241.

Effective 5/3/2023
26B-2-238.
Definitions for Sections 26B-2-238 through 26B-2-241.
As used in this section and Sections 26B-2-239, 26B-2-240, and 26B-2-241:
(1) "Clearance" means approval by the department under Section 26B-2-239 for an individual to have direct patient access.
(2) "Covered body" means a covered provider, covered contractor, or covered employer.
(3) "Covered contractor" means a person that supplies covered individuals, by contract, to a covered employer or covered provider.
(4) "Covered employer" means an individual who:
(a) engages a covered individual to provide services in a private residence to:
(i) an aged individual, as defined by department rule; or
(ii) a disabled individual, as defined by department rule;
(b) is not a covered provider; and
(c) is not a licensed health care facility within the state.
(5) "Covered individual":
(a) means an individual:
(i) whom a covered body engages; and
(ii) who may have direct patient access;
(b) includes:
(i) a nursing assistant, as defined by department rule;
(ii) a personal care aide, as defined by department rule;
(iii) an individual licensed to engage in the practice of nursing under Title 58, Chapter 31b, Nurse Practice Act;
(iv) a provider of medical, therapeutic, or social services, including a provider of laboratory and radiology services;
(v) an executive;
(vi) administrative staff, including a manager or other administrator;
(vii) dietary and food service staff;
(viii) housekeeping and maintenance staff; and
(ix) any other individual, as defined by department rule, who has direct patient access; and
(c) does not include a student, as defined by department rule, directly supervised by a member of the staff of the covered body or the student's instructor.
(6) "Covered provider" means:
(a) an end stage renal disease facility;
(b) a long-term care hospital;
(c) a nursing care facility;
(d) a small health care facility;
(e) an assisted living facility;
(f) a hospice;
(g) a home health agency; or
(h) a personal care agency.
(7) "Direct patient access" means for an individual to be in a position where the individual could, in relation to a patient or resident of the covered body who engages the individual:
(a) cause physical or mental harm;
(b) commit theft; or
(c) view medical or financial records.
(8) "Engage" means to obtain one's services:
(a) by employment;
(b) by contract;
(c) as a volunteer; or
(d) by other arrangement.
(9) "Long-term care hospital":
(a) means a hospital that is certified to provide long-term care services under the provisions of 42 U.S.C. Sec. 1395tt; and
(b) does not include a critical access hospital, designated under 42 U.S.C. Sec. 1395i-4(c)(2).
(10) "Patient" means an individual who receives health care services from one of the following covered providers:
(a) an end stage renal disease facility;
(b) a long-term care hospital;
(c) a hospice;
(d) a home health agency; or
(e) a personal care agency.
(11) "Personal care agency" means a health care facility defined by department rule.
(12) "Resident" means an individual who receives health care services from one of the following covered providers:
(a) a nursing care facility;
(b) a small health care facility;
(c) an assisted living facility; or
(d) a hospice that provides living quarters as part of its services.
(13) "Residential setting" means a place provided by a covered provider:
(a) for residents to live as part of the services provided by the covered provider; and
(b) where an individual who is not a resident also lives.
(14) "Volunteer" means an individual, as defined by department rule, who provides services without pay or other compensation.
Renumbered and Amended by Chapter 305, 2023 General Session