2013 New York Consolidated Laws
PBH - Public Health
Article 36 - (3600 - 3622) 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
  the written practice agreement pursuant to 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
  the written practice agreement pursuant to 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 March 31, 2015
    16.  "Public  health  council" and "state hospital review and planning
  council" shall mean the public health and health planning council.