28 Pa. Code § 611.5

Current through Register Vol. 54, No. 45, November 9, 2024

Section 611.5 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-The Health Care Facilities Act (35 P. S. §§ 448.101-448.904b).

ChildLine-An organizational unit of the Department of Public Welfare which operates a State-wide toll-free system for receiving reports of suspected child abuse established under 23 Pa.C.S. 6332 (relating to establishment of Statewide toll-free telephone number), refers the reports for investigation and maintains the reports in the appropriate file.

ChildLine verification-Confirmation regarding whether an applicant for employment or referral by a home care agency or home care registry is named in the Department of Public Welfare's Statewide Central Register as the perpetrator of a founded or indicated report of child abuse (as defined in 55 Pa. Code §3490.4 (relating to definitions)).

Companionship services-Socialization, support and assistance with instrumental activities of daily living.

Consumer-An individual to whom services are provided.

Consumer control-Control and direction by the consumer in identifying, exercising choice of, and managing home care services in accordance with the consumer's needs and personal preferences.

Criminal history report-A State Police criminal history record or a Department of Aging letter of determination of eligibility for hire or roster based on a review of a Federal criminal history record.

Department-The Department of Health of the Commonwealth.

Department of Aging letter of determination-A written decision supplied by the Department of Aging regarding whether, based on the criminal history report from the Federal Bureau of Investigation, the applicant for employment by a home care agency or referral by a home care registry may be employed or rostered.

Direct care worker-The individual employed by a home care agency or referred by a home care registry to provide home care services to a consumer.

Direct consumer contact-Face-to-face interaction with the consumer in the consumer's place of residence or other independent living environment.

Financial management services-One or more of the following services:

(i) Managing payroll including Federal, State and local employment taxes for direct care workers recruited and retained by the consumer.

(ii) Processing the payment of workers' compensation, health and other insurance benefits for the direct care worker.

(iii) Assisting consumers in calculating and managing individual budgets for Medicaid Waiver and other publicly funded home and community based services.

(iv) Monitoring the consumer's spending of public funds and any underage or overage in accordance with the consumer's approved budget.

(v) Collecting, processing and maintaining time sheets for direct care workers.

(vi) Providing training to consumers related to employer-related tasks (for example, recruiting, hiring, training, managing and discharging direct care workers and managing payroll and bill paying).

Home care agency-An organization that supplies, arranges or schedules employees to provide home care services, as directed by the consumer or the consumer's representative, in the consumer's place of residence or other independent living environment for which the organization receives a fee, consideration or compensation of any kind.

Home care registry-An organization or business entity or part of an organization or business entity that supplies, arranges or refers independent contractors to provide home care services, as directed by the consumer or the consumer's representative, in the consumer's place of residence or other independent living environment for which the registry receives a fee, consideration or compensation of any kind.

Home care services-The term encompasses the following activities:

(i) Personal care.

(ii) Assistance with instrumental activities of daily living.

(iii) Companionship services.

(iv) Respite care.

(v) Specialized care.

Independent living philosophy-A system of beliefs, concepts and attitudes that emphasize self-direction, control, peer support and community integration for individuals with disabilities.

Inspection-A scheduled or unscheduled examination or assessment of a home care agency or home care registry during regular business hours, to determine compliance with requirements for licensure using one or more of the following means: inspection of records, interviews with office staff, consumers and direct care workers, and observation of the provision of services to consumers who have consented in advance to observation.

Instrumental activities of daily living-As defined in section 802a of the act (35 P. S. § 448.802a).

Nurse-A registered nurse or a licensed practical nurse.

Personal care-The term includes, but is not limited to, assistance with self-administered medications, feeding, oral, skin and mouth care, shaving, assistance with ambulation, bathing, hair care and grooming, dressing, toileting and transfer activities.

Respite care-Personal care and assistance with instrumental activities of daily living provided on a short term basis because of the absence or need for relief for those persons normally providing the services.

Roster-To place an individual on a list of individuals eligible to be referred by a home care registry to provide home care services to an individual in the individual's place of residence or other independent living environment; or the list of individuals eligible to be referred by a home care registry to provide home care services to an individual in the individual's place of residence or other independent living environment.

Specialized care-Nonskilled services unique to the consumer's care needs that facilitate the consumer's health, safety and welfare, and ability to live independently.

Statewide central register-A register of child abuse established in the Department of Public Welfare, which consists of founded and indicated reports of child abuse.

Supports coordination services-Services to consumers of home and community-based services through Medicaid Waiver or other publicly funded programs including intake services, needs assessment, and advocacy to ensure coordination of medical, social, educational and other services and maximum consumer independence.

28 Pa. Code § 611.5