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

1. (1) “Administrator” means a person who is:

   1. (A) An agency employee; and

   2. (B) A physician, registered nurse, or an individual with at least one (1) year of supervisory or administrative experience in:

      1. (i) Home health care; or
      2. (ii) Related health provider programs;
2. (2) “Aide assignment sheet aide service plan” means written assignments developed and supervised by a qualified supervisor for the tasks to be completed by the aide;

3. (3)

   1. (A) “Branch office” means a location or site, other than the Arkansas primary agency’s principal office location, from which a home health agency provides services within its geographic service area.
   2. (B) The primary agency provides direct support and administrative control of its branches;

4. (4)

   1. (A) “Certified agency” means a home health agency that is:

      1. (i) Primarily engaged in providing:

         1. (a) (a) Skilled nursing services; and
         2. (b) (b) Other therapeutic services; and
      2. (ii) Licensed pursuant to state law.

   2. (B) The agency shall meet the:

      1. (i) Conditions of participation as a home health agency under Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq.; and
      2. (ii) Regulations adopted thereunder (42 C.F.R. § 405.1201 et seq.), which regulations are incorporated by reference herein for all purposes;

5. (5) “Clinical manager” means a licensed:

   1. (A) Physician;
   2. (B) Physical therapist;
   3. (C) Speech language pathologist;
   4. (D) Occupational therapist;
   5. (E) Audiologist;
   6. (F) Social worker; or
   7. (G) Registered nurse;

6. (6) “Clinical note” means a dated, written or electronic, and signed notation by agency personnel of a contact with a patient, including a description of:

   1. (A) Signs and symptoms;
   2. (B) Treatment and/or medication given;
   3. (C) The patient's response;
   4. (D) Other health services provided; and
   5. (E) Any changes in physical and/or emotional condition;

7. (7) “Clinical record” means an accurate account of services:

   1. (A) Provided for each patient; and
   2. (B) Maintained by the agency;
8. (8) “Contractor” means an entity or individual providing services for the agency who does not meet the definition of employee;
9. (9) “Coordinating” means bringing needed services into a common action, movement, or condition of the health of the patient;
10. (10) “Department” means the Department of Health’s Division of Health Facilities Services;
11. (11) “Discharge summary” means a recapitulation of all services provided by the home health agency before discharge of a patient;
12. (12) “Employee” means any individual for whom the agency is required to issue a Form W-2;
13. (13) “Health” means the condition of being sound in body, mind, and spirit, especially freedom from physical disease or pain;
14. (14) “Health assessment” means a determination of a patient's physical and mental status performed by medical professionals;
15. (15) “Home health agency” means any person, partnership, association, corporation, or other organization, whether public or private, proprietary or nonprofit, that provides a home health service for pay or other consideration in a patient's residence;
16. (16) “Home health aide” means a person who provides home health aide services for a person in the home under the supervision of a licensed healthcare professional;
17. (17) “Home health services” means the providing or coordinating of acute, restorative, rehabilitative, maintenance, preventive, or health promotion services through professional nursing or by other therapeutic services such as physical therapy, speech therapy, occupational therapy, medical social services, home health aide, or personal services in a client's residence;
18. (18) “Licensed practitioner” means an individual permitted by law and by the home health agency to prescribe care;
19. (19) “Maintenance” means to keep in an existing state;
20. (20) “Parent agency” means the Medicare-certified agency physically located within the state that develops and maintains administrative control of branches;

21. (21) “Patient care conference” means a documented conference among the home health agency staff or contractors providing care to a patient to evaluate:

    1. (A) Patient care needs; and
    2. (B) The delivery of service;

22. (22) “Personal care” means medically prescribed health-related assistance in activities of:

    1. (A) Daily living;
    2. (B) Hygiene; and
    3. (C) Grooming;
23. (23) “Personal care aide” means a person with training as defined in 20 CAR § 46-109(b) who provides personal care services for a person in their home;
24. (24) “Physician” means a person who is currently licensed under the Arkansas Medical Practices Act, Arkansas Code § 17-95-201 et seq., § 17-95-301 et seq., and § 17-95-401 et seq.;

25. (25) “Place of business” means any office of a home health agency that:

    1. (A) Maintains home health service patient records; or
    2. (B) Directs home health services;

26. (26) “Plan of care” means a written plan that:

    1. (A) Specifies scope, frequency, and duration of services; and
    2. (B) Is signed by a qualified practitioner;
27. (27) “Preventive” means to keep from happening or existing;
28. (28) “Quality of care” means clinically competent care, supported and directed in a planned pattern to achieve maximum dignity at the required level of comfort, preventive health measures, and self-management;
29. (29) “Rehabilitative” means to restore or bring to a condition of health or useful and constructive activity;

30. (30) “Residence” means a place where a person resides, including a:

    1. (A) Home;
    2. (B) Nursing home;
    3. (C) Residential care facility; or
    4. (D) Convalescent home for the disabled or aged;

31. (31) “Restorative” means something that serves to restore to:

    1. (A) Consciousness;
    2. (B) Vigor; or
    3. (C) Health;

32. (32) “Service area” means the land area for which the agency shall be licensed that shall be:

    1. (A) Consistent with its Certificate of Need (CON) or Permit of Approval (POA); and
    2. (B) Up to one hundred (100) miles from the primary and/or branch office;

33. (33) “Skilled care services” includes:

    1. (A) Skilled nursing services;
    2. (B) Physical therapy;
    3. (C) Respiratory therapy services;
    4. (D) Speech-language pathology services;
    5. (E) Occupational therapy;
    6. (F) Medical social work services; and
    7. (G) Physician services;
34. (34) “Skilled professional” means a person licensed and trained to provide skilled services according to their applicable licensing board;
35. (35) “Supervision” means authoritative procedural guidance by a qualified person acting within his or her applicable scope of practice to a function or activity;

36. (36)

    1. (A) “Supervisor” means:

       1. (i) A skilled professional; or
       2. (ii) One who has completed two (2) years of full-time study at an accredited institution of higher education.
    2. (B) An individual who has a high school diploma or GED may substitute one (1) year of full-time employment in a supervisory capacity in a healthcare facility or community-based agency for one (1) year at an institution of higher education; and

37. (37) “Visit” means a face-to-face visit:

    1. (A) In the client's residence; or
    2. (B) By the use of information technology.

Codification Notes: “GED” means General Educational Development test.