New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter H - Family Health › Part 69 - Family Health › Subpart 69-10 - NYS Medical Indemnity Fund › Section 69-10.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart:
(a)
Activities of daily
					 living
mean basic self-care tasks such as dressing and undressing,
					 self-feeding, bowel and bladder management, ambulation with or without the use
					 of an assistive device, communication, functional transfers from one place to
					 another, and personal hygiene and grooming.
(b)
Assistive technology
(
AT
) means those devices, controls, appliances, items, pieces
					 of equipment, or supplies of either a communication or an adaptive type,
					 determined necessary by a physician for purposes of the enrollee's
					 habilitation, ability to function or safety in his or her current or desired
					 residence which are not listed in the Medicaid Durable Medical Equipment (DME)
					 Provider Manual at https://www.emedny.org/ProviderManuals/DME/index.aspx. Such
					 technology may also be referred to as adaptive technology or adaptive
					 equipment. In the event that a particular item or piece of equipment falls
					 within the definition of both
assistive technology
and an
environmental modification
as defined in subdivision (m) of
					 this section, it will be considered to be an environmental modification for
					 purposes of these regulations.
(c)
Birth-related neurological injury
means an injury to the brain
					 or spinal cord of a live infant caused by the deprivation of oxygen or
					 mechanical injury that occurred in the course of labor, delivery or
					 resuscitation or by other medical services provided or not provided during
					 delivery admission that rendered the infant with a permanent and substantial
					 motor impairment or with a developmental disability as that term is defined by
					 section 1.03  of the Mental Hygiene Law, or
					 both.
(d)
Case
					 manager
means a person who performs the functions set out in section
					 69-10.4  of this
					 Subpart.
(e)
Claims
					 assistance manager
means the person or persons who perform(s) the
					 functions set out in section
					 69-10.3 
					 of this Subpart.
(f)
Commissioner of Health
or
commissioner
means
					 the New York State Commissioner of Health.
(g)
Commissioner of Taxation
means the New York State Commissioner of Taxation and Finance.
(h)
Delivery admission
means
					 a hospital admission for the specific purpose of giving birth.
(i)
Department of Financial
					 Services
means the New York State Department of Financial
					 Services.
(j)
Durable
					 medical equipment
means devices and equipment that have been ordered
					 by a physician in the treatment of a specific medical condition and that have
					 all of the following characteristics:
(1) can
					 withstand repeated use for a protracted period of time;
(2) are primarily and customarily used for
					 medical purposes;
(3) are generally
					 not useful in the absence of an illness or injury;
(4) are not usually fitted, designed or
					 fashioned for a particular individual's use; and
(5) if intended for use by only one patient,
					 the equipment may be either custom-made or customized.
For purposes of this Subpart, durable medical equipment
						also includes medical/surgical supplies, orthotic appliances and devices and
						orthopedic footwear as defined in 18 NYCRR section 505.5 and listed in the
						Medicaid DME Provider Manual at
https://www.emedny.org/ProviderManuals/DME/index.aspx
.