TITLE 40
Human services

CHAPTER 40-18
Long Term Home Health Care – Alternative to Placement in a Skilled Nursing or Intermediate Care Facility

SECTION 40-18-2


§ 40-18-2 Definitions.

As used in this chapter, the following words and phrases shall have the following meanings unless the context otherwise requires:

(1) "Adult day care service" means a comprehensive supervised program on a regularly scheduled basis to adults with disabilities for a substantial part of the day in a single physical location for a specified number of participants daily. The adult day care center shall be reviewed and approved by the department of elderly affairs or other appropriate state agency. Adult day care services may include, but are not limited to, medical supervision, social and educational activities, snacks and/or hot lunch, and transportation to and from the day care site. All adult day care services must meet the conditions set forth in the rules and regulations of the department of elderly affairs and must provide these services as an alternative to twenty-four (24) hour long term institutional care.

(2) "Case management services" means the coordination of a plan of care and services provided at home to persons with disabilities who are medically eligible for placement in a skilled nursing facility or an intermediate care facility upon discharge from a hospital. Such programs shall be provided in the person's home or in the home of a responsible relative or other responsible adult, but not provided in a skilled nursing facility and/or an intermediate care facility.

(3) "Certified home health" means a home care services agency which is licensed by the state and which is qualified to participate as home health agency under the provisions of Titles XVII and XIX of the federal Social Security Act, 42 U.S.C. § 1395x, and shall provide, directly or through contract arrangement, a minimum of the following services, which are of a preventative, therapeutic, rehabilitative health guidance, and/or supportive nature to persons at home: skilled nursing services, physical therapy, occupational therapy, speech therapy, and home health aide services.

(4) "Director" means the director of the department of human services.

(5) "Emergency response system" means a twenty-four (24) hour per day monitoring service designed for use by elderly adults in the community. The purpose of that system is to provide contact between the elderly adult in the community and the appropriate emergency response agency.

(6) "Government funds" means funds provided under the provisions of chapter 8 of title 40.

(7) "Home care services" means those services provided by: (i) Medicare/Medicaid certified and state licensed home health agency; and (ii) state licensed home health aide/homemaker agency.

(8) "Home health aide/homemaker agency" means: (i) home health aide services, at a minimum, includes assistance with personal hygiene, dressing, feeding, and household tasks essential to the patient's health; and (ii) homemaker services, at a minimum, includes light work or household tasks such as cooking, cleaning, shopping, and laundry.

(9) "Hospital" means a hospital as defined in chapter 17 of title 23.

History of Section.
(P.L. 1988, ch. 451, § 1; P.L. 1989, ch. 542, § 89; P.L. 1999, ch. 83, § 104; P.L. 1999, ch. 130, § 104; P.L. 2002, ch. 292, §§ 18, 100.)