Wyoming Administrative Code › Agency 048 - Health, Department of › Sub-Agency 0003 - Aging Division › Chapter 9 - PROGRAM ADMINISTRATION OF HOME HEALTH AGENCIES › Section 9-4 - Definitions

Current through July 13, 2024
The following definitions shall apply in the interpretation
				  and enforcement of these rules. Where the context in which words are used in
				  these rules indicates that such is the intent, words in the singular number
				  shall include the plural and vice versa. Throughout these rules, gender
				  pronouns are used interchangeably. The drafters have attempted to utilize each
				  gender pronoun in equal numbers, in random distribution. Words in each gender
				  shall include individuals of the other gender.
For purpose of these rules, the following shall apply:
(a) "Age of majority." The age at which a
				child becomes an adult, which is currently defined by W.S. §
									
										14-1-101 as the age of eighteen (18)
				years.
(b) "Central Registry." The
				registry maintained by the Wyoming Department of Family Services pursuant to
				W.S. §
									
										14-3-213, which indexes perpetrators of child
				abuse or neglect and abuse, neglect, exploitation or abandonment of disabled
				adults. The registry information is available by calling
				307-777-5894.
(c) "Certified Nurse
				Assistant (CNA)." An individual who is currently certified by the Wyoming State
				Board of Nursing and his/her certification has been verified by the home health
				agency Administrator or his/her designee.
(d) "Chief Administrative Officer." The
				Director, Department of Health as per W.S. §
									
										9-2-101(e), or the
				designated Licensure representative.
(e) "Client." A person who is served by, or
				uses the services of a home health agency, either with or without
				charge.
(f) "Complaint." A formal
				allegation of injustice or perceived harm referred to an outside party or
				agency.
(g) "Complaint
				Investigations." Those investigations required to be performed by the State
				Long Term Care Ombudsman as per W.S. §
									
										9-2-1301 through W.S. §
									
										9-2-1309 or by the State Survey Agency as per
				the agreement dated June 18, 1985 between the Secretary of the U.S. Department
				of Health and Human Services and the State of Wyoming.
(h) "Days." Calendar days.
(i) "Dietitian." A person who is registered
				by the American Dietetic Association and provides nutritional and dietary
				consultation services to the home health agency and individual
				clients.
(j) "Fidelity bond." A
				contract of fidelity insurance, in which there is an agreement to insure
				another against loss arising from the want of honesty, integrity or fidelity of
				an employee of the home health agency.
(k) "Governing Body." The individual(s),
				group, or agency that has ultimate authority and responsibility for
				establishing client care policies, personnel policies, and providing for
				organization, management and planning of the home health agency.
(l) "Grievance." A concern of inequitable or
				inaccurate action that is handled through the agencies internal grievance
				procedure.
(m) "Health Care
				Services." Includes, but is not limited to, nursing, physical therapy, speech
				pathology, occupational therapy, respiratory therapy, medical social work, home
				health aide, and dietary services. All staff shall be licensed/certified in
				accordance with the Wyoming State Statutes.
(n) "Homemaker." A person who assists with
				environmental services such as housekeeping, basic meal preparation, shopping
				and laundry. Homemakers provide no personal care.
(o) "Home Health Agency." Any group, public
				agency, private organization, or any individual person who is primarily engaged
				in arranging for and directly providing two or more health care services to
				persons at their residence.
(p)
				"Home Health Aide." A nursing assistant certified by the Wyoming Board of
				Nursing who has received sixteen (16) hours of additional training on home
				health issues, approved by the Wyoming Board of Nursing.
(q) "Licensing Division." The Department of
				Health, Office of Health Quality.
(r) "Licensed Practical Nurse (LPN)." A
				person who is licensed to practice as a licensed practical nurse by the Wyoming
				Board of Nursing pursuant to W.S. §
									
										33-21-120.
(s) "Occupational Therapy Assistant." A
				person who is licensed by the Wyoming Board of Occupational Therapy to practice
				as a Certified Occupational Therapy Assistant pursuant to W.S. §
									
										33-40-102(a)(ii).
(t) "Occupational Therapist." A person who is
				licensed by the Wyoming Board of Occupational Therapy to practice as a
				Registered Occupational Therapist pursuant to W.S. §
									
										33-40-102(a)(iv).
(u) "Occupational Therapy." The use of
				purposeful activity with individuals who are limited by physical injury or
				illness, psychosocial dysfunction, developmental or learning disabilities or
				the aging process in order to maximize independence, prevent disability and to
				maintain health. The practice encompasses evaluation, treatment and
				consultation. Occupational therapy is provided by an occupational therapist or
				by a certified occupation therapy assistant under the supervision of an
				occupational therapist.
(v)
				"Personal Care." Activities such as, but not limited to, bathing, grooming,
				feeding, ambulating, exercising, oral hygiene, and skin care.
(w) "Physical Therapy Assistant." A person
				who is licensed to practice in the State of Wyoming as a physical therapy
				assistant pursuant to W.S. §
									
										33-25-101(a)(v).
(x) "Physical Therapy." The evaluation,
				instruction or treatment of a human being to prevent, correct, alleviate or
				limit physical disability due to injury, disease or any other physical or
				mental condition by the utilization of physical measures such as exercise,
				massage, heat, cold, air, light, water, electricity or sound, and
				rehabilitative procedures including training in functional activities and the
				performance and interpretation of tests and measurements of bodily functions as
				an aid in the examination, evaluation or treatment of any human conditions for
				the purpose of correcting or alleviating an individuals physical or mental
				disability. Physical therapy also includes the supervision of physical therapy
				activities, physical therapy consultation and the establishment and
				modification of physical therapy programs, but physical therapy shall not
				include radiology or electro-surgery or authorize the diagnosis of disease.
				Treatment by physical therapy shall be rendered subject to W.S. §
									
										33-2-102.
(y) "Physical Therapist." A person who is
				licensed to practice physical therapy in the State of Wyoming pursuant to W.S.
				§
									
										33-25-101.
(z) "Plan of Care." An individualized plan
				developed for each client which, at a minimum addresses: diagnoses,
				medications, types of services, equipment, visit protocol, functional
				limitations, activity level, nutrition requirements, treatments and safety
				issues, and any other information necessary to care for the client.
(aa) "Primarily Engaged." A relationship
				between a provider of services and a client whereby a provider offers to
				arrange for or directly provide health care services at a clients residence and
				the client accepts the offer. When this relationship is agreed upon, the
				provider becomes primarily engaged in providing health care services to the
				client.
(bb) "Program
				Administration." The rules and regulations promulgated by the Department of
				Health and developed by the Program Division for the day-to-day operation of a
				home health agency per W.S. §
									
										9-2-1208.
(cc) "Program Division." The Department of
				Health, Aging Division.
(dd)
				"Provider." A licensed home health agency.
(ee) "Registered Nurse (RN)." A graduate of
				an approved school of professional nursing, who is currently licensed to
				practice as a registered nurse by the Wyoming Board of Nursing pursuant to W.S.
				§
									
										33-21-120 et. seq.
(ff) "Respiratory Care." The health specialty
				responsible for the treatment, management, diagnostic testing, control, and
				care of clients with deficiencies and abnormalities associated with the
				cardiopulmonary system.
(gg)
				"Skilled Services." Professional services provided by a Registered Nurse,
				Licensed Practical Nurse, Physical Therapist, Occupational Therapist, Speech
				Language Pathologist, Respiratory Therapist, Social Worker, or Registered
				Dietitian.
(hh) "Speech Language
				Pathologist." A person who is licensed in the State of Wyoming to practice
				speech language pathology as per W.S. §
									
										33-33-101 through W.S. §
									
										33-33-309.
(ii) "Speech Pathology." The application of
				principles, methods, and procedures for the evaluation, monitoring,
				instruction, habilitation, or rehabilitation related to the development and
				disorders of speech, voice, or language for preventing, identifying, evaluating
				and reducing the effects of such disorders and conditions.
(jj) "Social Worker." Those services provided
				by a qualified social worker or by a qualified social service assistant under
				the supervision of a qualified social worker as per W.S. §
									
										33-38-106, and according to the clients plan
				of care.
(kk) "State Survey
				Agency." The Department of Health, Office of Health Quality which has the
				primary responsibility to determine whether health care providers/suppliers do
				or do not meet federal certification standards to participate in the Medicaid
				and/or Medicare programs as per the agreement dated June 18, 1985 between the
				Secretary of the U.S. Department of Health and Human Services and the State of
				Wyoming.
(ll) "Survey." An on-site
				evaluation conducted by the Survey Division or its designated representative to
				determine compliance with State rules and regulations for Home Health
				Agencies.
(mm) "Survey Division."
				The Department of Health, Office of Health Quality.
(nn) "Therapy services." Include physical
				therapy, occupational therapy, and speech language therapy.
(oo) "Unskilled Services." Any service
				provided by the agency that is not skilled services.