N.Y. Public Health Law § 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

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

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 June 30, 2027

16. "Public health council" and "state hospital review and planning

council" shall mean the public health and health planning council.

* 17. "Advanced home health aides" means home health aides who are

authorized to perform advanced tasks as delineated in subdivision two of

section sixty-nine hundred eight of the education law and regulations

issued by the commissioner of education relating thereto. The

commissioner shall promulgate regulations regarding such aides, which

shall include a process for the limitation or revocation of the advanced

home health aide's authorization to perform advanced tasks in

appropriate cases.

* NB Repealed March 31, 2029