2005 Connecticut Code - Sec. 19a-490. (Formerly Sec. 19-576). Licensing of institutions. Definitions.

      Sec. 19a-490. (Formerly Sec. 19-576). Licensing of institutions. Definitions. As used in this chapter:

      (a) "Institution" means a hospital, residential care home, health care facility for the handicapped, nursing home, rest home, home health care agency, homemaker-home health aide agency, mental health facility, substance abuse treatment facility, outpatient surgical facility, an infirmary operated by an educational institution for the care of students enrolled in, and faculty and employees of, such institution; a facility engaged in providing services for the prevention, diagnosis, treatment or care of human health conditions, including facilities operated and maintained by any state agency, except facilities for the care or treatment of mentally ill persons or persons with substance abuse problems; and a residential facility for the mentally retarded licensed pursuant to section 17a-227 and certified to participate in the Title XIX Medicaid program as an intermediate care facility for the mentally retarded;

      (b) "Hospital" means an establishment for the lodging, care and treatment of persons suffering from disease or other abnormal physical or mental conditions and includes inpatient psychiatric services in general hospitals;

      (c) "Residential care home", "nursing home" or "rest home" means an establishment which furnishes, in single or multiple facilities, food and shelter to two or more persons unrelated to the proprietor and, in addition, provides services which meet a need beyond the basic provisions of food, shelter and laundry;

      (d) "Home health care agency" means a public or private organization, or a subdivision thereof, engaged in providing professional nursing services and the following services, available twenty-four hours per day, in the patient's home or a substantially equivalent environment: Homemaker-home health aide services as defined in this section, physical therapy, speech therapy, occupational therapy or medical social services. The agency shall provide professional nursing services and at least one additional service directly and all others directly or through contract. An agency shall be available to enroll new patients seven days a week, twenty-four hours per day;

      (e) "Homemaker-home health aide agency" means a public or private organization, except a home health care agency, which provides in the patient's home or a substantially equivalent environment supportive services which may include, but are not limited to, assistance with personal hygiene, dressing, feeding and incidental household tasks essential to achieving adequate household and family management. Such supportive services shall be provided under the supervision of a registered nurse and, if such nurse determines appropriate, shall be provided by a social worker, physical therapist, speech therapist or occupational therapist. Such supervision may be provided directly or through contract;

      (f) "Homemaker-home health aide services" as defined in this section shall not include services provided to assist individuals with activities of daily living when such individuals have a disease or condition that is chronic and stable as determined by a physician licensed in the state of Connecticut;

      (g) "Mental health facility" means any facility for the care or treatment of mentally ill or emotionally disturbed adults, or any mental health outpatient treatment facility that provides treatment to persons sixteen years of age or older who are receiving services from the Department of Mental Health and Addiction Services, but does not include family care homes for the mentally ill;

      (h) "Alcohol or drug treatment facility" means any facility for the care or treatment of persons suffering from alcoholism or other drug addiction;

      (i) "Person" means any individual, firm, partnership, corporation, limited liability company or association;

      (j) "Commissioner" means the Commissioner of Public Health;

      (k) "Home health agency" means an agency licensed as a home health care agency or a homemaker-home health aide agency; and

      (l) "Assisted living services agency" means an institution that provides, among other things, nursing services and assistance with activities of daily living to a population that is chronic and stable.

      (1953, 1955, S. 2051d; 1957, P.A. 217, S. 2; 455, S. 1; 586, S. 6; 1959, P.A. 188; February, 1965, P.A. 161; 1969, P.A. 713; P.A. 74-137, S. 12, 21; P.A. 77-569, S. 4; 77-601, S. 2, 11; P.A. 78-60, S. 1, 2; P.A. 79-46, S. 1, 3; 79-610, S. 22; P.A. 80-186, S. 1, 2; 80-483, S. 87, 186; P.A. 87-107; P.A. 88-357, S. 5; P.A. 89-350, S. 5; P.A. 90-230, S. 30, 101; June Sp. Sess. P.A. 91-8, S. 18, 63; P.A. 92-80, S. 1, 3; May Sp. Sess. P.A. 92-16, S. 38, 89; P.A. 93-381, S. 9, 39; 93-415, S. 1, 2; P.A. 95-79, S. 63, 189; 95-160, S. 10, 69; 95-257, S. 12, 21, 58; 95-271, S. 34, 40; P.A. 96-139, S. 12, 13; 96-268, S. 6, 34; P.A. 97-112, S. 2; P.A. 01-57, S. 1; P.A. 03-274, S. 2.)

      History: 1959 act made technical changes, included as institutions in Subsec. (c)(2) hospitals for mentally ill or retarded persons and substituted "any state agency" for "the commission on tuberculosis and other chronic illness" in the same subdivision; 1965 act added reference to "nursing home" and "rest home"; 1969 act redefined "institution" to include infirmaries operated by educational institutions, health facilities operated by commercial or industrial establishments for their employees and facilities operated by corporations or municipalities providing medical services on outpatient basis; P.A. 74-137 deleted health facilities operated by commercial or industrial establishments for their employees from "institution" definition; Sec. 19-32 transferred to Sec. 19-576 in 1977; P.A. 77-569 included health care facilities for the handicapped in "institution" definition; P.A. 77-601 included home health care, homemaker-home health aide and coordination, assessment and monitoring agencies in "institution" definition and included exceptions to definition which had been listed elsewhere in section and defined "home health care agency", "homemaker-home health aide agency" and "coordination, assessment and monitoring agency"; P.A. 78-60 rephrased definition of "homemaker-home health care agency" and included social workers; P.A. 79-46 deleted exception for institutions otherwise required by law to be licensed by the state in "institution" definition, included subdivisions of organizations in "home health care agency" definition and deleted "primarily" as modifier of "engaged" and rephrased "homemaker-home health aide agency"; P.A. 79-610 included mental health facilities in "institution" definition and defined "mental health facility" and "alcohol or drug treatment facility"; P.A. 80-186 and P.A. 80-483 included alcohol or drug treatment facilities in "institution" definition; Sec. 19-576 transferred to Sec. 19a-490 in 1983; P.A. 87-107 inserted definition of "homemaker-home health aide services" as Subdiv. (f), relettering prior Subdivs. as necessary; P.A. 88-357 redefined "institution"; P.A. 89-350 added Subdiv. (k), defining "commissioner"; P.A. 90-230 made technical change in Subsec. (a); June Sp. Sess. P.A. 91-8 redefined "institution" to include residential facilities for the mentally retarded which are certified to participate in Title XIX Medicaid program; P.A. 92-80 redefined "mental health facility" to exclude family care homes after October 1, 1993; May Sp. Sess. P.A. 92-16 added Subdiv. (l) defining "home health agency"; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 93-415 amended the definition of "home health care agency" in Subsec. (d) to specify provision of twenty-four-hour care and round-the-clock, seven-day-a-week enrollment and redefined "coordination, assessment and monitoring agency" in Subsec. (g) to require targeting of patients with chronic conditions; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995; P.A. 95-160 replaced "coordination, assessment and monitoring agency" with "access agency" in definitions of "institution" and "home health agency" and deleted former Subsec. (g), which had defined said term, relettering remaining Subdivs. as necessary, effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-271 added new Subsec. (l) defining "assisted living services agencies"; P.A. 96-139 changed effective date of P.A. 95-160 but without affecting this section; P.A. 96-268 deleted reference to access agencies in definition of "institution", effective July 1, 1996 (Revisor's note: The word "in" was inserted editorially by the Revisors in Subsec. (a) in the phrase "... operated by an educational institution for the care of students in, and faculty and employees of, ..."); P.A. 97-112 replaced "home for the aged" with "residential care home"; P.A. 01-57 amended Subsec. (g) by making a technical change and adding provision re mental health outpatient treatment facility that provides treatment to persons sixteen years of age or older who are receiving services from the Department of Mental Health and Addiction Services; P.A. 03-274 amended Subsec. (a) by adding outpatient surgical facility to definition of "institution", effective July 1, 2003.

      Annotations to former section 19-576:

      Constitutionality of former statute upheld. 140 C. 478.

      Difference between public and private hospitals discussed. 21 CS 55.

      Annotations to present section:

      Subsec. (a):

      Cited. 219 C. 657, 661.

      Subsec. (d):

      Cited. 214 C. 321, 330.

      Subsec. (e):

      Cited. 214 C. 321, 330.

      Subsec. (h):

      Cited. 219 C. 657, 661.

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