Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 800 - REGULATION OF HOME AND COMMUNITY-BASED CASE MANAGEMENT AGENCIES AND COMMUNITY CARE FOSTER FAMILY HOMES › Subchapter 1 - PURPOSE, DEFINITIONS, AND EXCEPTIONS › Section 11-800-2 - Definitions

Current through June, 2024
As used in this chapter: "Abuse" means actual or imminent
					 physical injury, psychological abuse, or neglect, sexual abuse, financial
					 exploitation, negligent treatment, or maltreatment, as further defined in
					 section
					 346-222, Hawaii
					 Revised Statutes (HRS).
"Administrator" means the person who is responsible for the
					 daily management and operation of a case management agency and its compliance
					 with professional and licensing requirements.
"Adult abuse perpetrator check" means a search to determine
					 whether an individual is known to the department as a perpetrator of abuse as
					 defined in section
					 346-222, HRS, by
					 means of a search of the individual's name and birth date in the department's
					 adult protective service file.
"Adverse event" means any incident or event that may have
					 quality of care implications for clients, including but not limited to:
(1) All bodily injuries sustained by the client, regardless
					 of cause or severity;
(2) All medication errors;
(3) Major and unresolved conflicts between the client and
					 the primary caregiver, substitute caregivers, contracted personnel, or other
					 household members, as applicable;
(4) The whereabouts of the client are unknown; or
(5) Any protective service reports or investigation
					 involving the client or the facility in which the client is residing.
"Assisted living facility" means an assisted living
					 facility as defined in section
					 321-15.1, HRS.
"Authorized agent" means a person, institution,
					 organization, or agency authorized by the department of health to issue
					 licenses to home and community-based case management agencies and to monitor
					 these agencies for license compliance and quality assurance. The authorized
					 agent shall perform these functions for the department of health and shall not
					 at the same time function as a home and community-based case management agency
					 or as the owner or operator of a residential care facility as defined in this
					 section.
"Case management" means the process of continuous
					 assessment of the service needs of the client in a community care foster family
					 home, expanded adult residential care home, or assisted living facility, the
					 development, review, and updating, as necessary, of the client's service plan,
					 and the locating, coordinating, and monitoring of an integrated and
					 comprehensive combination of services necessary to cost effectively maintain
					 and support, and ensure the welfare of the client in the corrununity, on a
					 twenty-four hour basis. Case management is intended to assist the client to
					 access needed care and services on a timely basis and to prevent inappropriate
					 institutionalization through a thorough consideration of community-based
					 alternatives.
"Case manager" means an individual other than and not
					 related to the caregiver that locates, coordinates, and monitors comprehensive
					 services to meet a client's needs.
"Certificate of approval" or "certificate" means the
					 certificate issued by the department which authorizes a person, agency, or
					 organization to operate a corrununity care foster family home.
"Client" means an individual who receives home and
					 community-based case management services to reside in a community care foster
					 family home, expanded adult residential care home, or assisted living
					 facility.
"Community care foster family home" or "home" means a home
					 as defined in section
					 321-481, HRS.
"Department" means the department of healthy its designee
					 when the context of the rule refers to community care foster family homes, or
					 its authorized agent when the context of the rule refers to home and
					 community-based case management agencies.
"Designee" means a person, institution, organization, or
					 agency authorized by the department of health to issue certificates of approval
					 to community care foster family homes and to monitor these homes for
					 certificate compliance and quality assurance. The designee shall perform these
					 functions for the department of health and shall not at the same time function
					 as a home and community-based case management agency or as the owner or
					 operator of a residential care facility as defined in this section,
"Expanded adult residential care home" means any facility
					 providing twenty-four hour living accommodations, for a fee, to adults
					 unrelated to the family, who require at least minimal assistance in the
					 activities of daily living, personal care services, protection, and health care
					 services, and who may need the professional health services provided in an
					 intermediate care facility or skilled nursing facility.
"Home and community-based case management agency" or "case
					 management agency" means a person, agency, or organization that is licensed by
					 the department to locate, coordinate, and monitor comprehensive services to
					 meet the needs of clients whom the case management agency serves in community
					 care foster family homes or medicaid waiver service recipients in expanded
					 adult residential care homes, or assisted living facilities.
"Homemaker services" means those tasks performed by the
					 caregiver that healthy individuals would do for themselves, including but not
					 limited to laundry, shopping, meal preparation, and keeping the client's room
					 safe and sanitary. Housekeeping activities that do not directly pertain to the
					 client, such as household maintenance and overall house cleaning, are not
					 homemaker services.
"License" means an approval issued by the department or its
					 authorized agents for a person, agency, or organization to operate as a home
					 and community-based case management agency.
"Licensed practical nurse" or "LPN" means an individual
					 licensed as a practical nurse by the State of Hawaii, pursuant to chapter
					 457,
					 HRS.
"Nurse aide" or "NA" means an individual who has
					 successfully completed an approved nurse aide course, or has passed an approved
					 equivalency test, or an individual who has one year of full-time employment as
					 a nurse aide under the supervision of a registered nurse in a hospital, skilled
					 nursing facility, intermediate care facility, or home health agency.
"Nursing facility level of care" means the level of care
					 provided at skilled nursing facilities where the resident would require daily
					 skilled nursing services on more than one shift per day or daily restorative
					 skilled rehabilitative services or a combination of skilled nursing and
					 rehabilitative services; or at intermediate care facilities where the resident
					 would require intermittent skilled nursing, a daily skilled nursing assessment,
					 and twenty-four hour supervision.
"Personal care" means assisting with activities of daily
					 living such as ambulating, mobility, transfer and lifting, positioning and
					 turning, bowel and bladder care, toileting, bathing, dressing, grooming,
					 feeding, exercise, medication assistance, range of motion, and maintenance of
					 health records.
"Physician" means a person who is licensed to practice
					 medicine or osteopathy under chapter
					 453 or
					 460, HRS.
"Primary caregiver" or "caregiver" means the individual who
					 is directly responsible for the supervision and care of the client.
"Reassessment" means the formal review of a client's status
					 to determine if the client's situation and functioning have changed since the
					 initial or most recent assessment. The reassessment measures the progress
					 toward the goals established in a service plan and ensures the client's
					 continued appropriateness for services through a community care foster family
					 home, expanded adult residential care home, or assisted living facility.
"Registered nurse" or "RN" means an individual who is
					 licensed as a registered nurse in the State of Hawaii, pursuant to chapter
					 457,
					 HRS.
"Residential care facility" means a community care foster
					 family home, an expanded adult residential care home, or an assisted living
					 facility.
"Respite services" means temporary care in a residential
					 care facility or other facility licensed by the State to care for individuals
					 with nursing facility level care needs, to allow the primary caregiver relief
					 from the care giving duties.
"Service plan" means a written plan that is based upon a
					 comprehensive assessment of the client, including a review of the client's
					 health, functional, psychosocial, and financial situations, which specifies the
					 type, provider, amount, duration and frequency of services necessary to
					 maintain the client in the community as a cost-effective alternative to
					 institutionalization.
"Substitute caregiver" means an individual who is trained
					 and identified in the service plan to provide daily personal care to clients in
					 the absence of the primary caregiver.