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 an agency employee and is a physician, registered nurse, or an individual with at least one (1) year of supervisory or administrative experience in:

   1. (A) Home health care; or
   2. (B) Related health provider programs;
2. (2) “Aide Service Plan” means written assignments developed and supervised by a qualified supervisor for the tasks to be completed by the aide;
3. (3) “Client” means eligible recipient of Medicaid services;

4. (4) “Client note” means a dated, written, or electronic and signed notation by agency personnel of a contact with a client, including:

   1. (A) A description of services provided; and
   2. (B) Any changes in circumstances that impact the client's services or welfare;

5. (5) “Client record” means an accurate account of services:

   1. (A) Provided for each client; and
   2. (B) Maintained by the agency;
6. (6) “Contractor” means an entity or individual providing services for the agency who does not meet the definition of employee;
7. (7) “Department” means the Division of Health Facility Services of the Department of Health;
8. (8) “Employee” means any individual for whom the agency is required to issue a Form W-2;

9. (9) “Health” means the condition of being sound in body, mind, and spirit, especially freedom from:

   1. (A) Physical disease; or
   2. (B) Pain;
10. (10) “Health assessment” means a determination of a patient's physical and mental status performed by medical professionals;

11. (11) “Personal care services” means assistance in activities of:

    1. (A) Daily living;
    2. (B) Hygiene; or
    3. (C) Grooming;
12. (12) “Personal care aide” means a person who provides personal care/personal services for a client in their place of residence;

13. (13) “Place of business” means any office of a private care agency that:

    1. (A) Maintains client records; or
    2. (B) Directs services;

14. (14) “Private care agency” means a provider that:

    1. (A) Is certified by the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as a provider of home-based and community-based health services;
    2. (B) Furnishes in-home staffing services for personal and attendant care services; and
    3. (C) Retains liability insurance of not less than one million dollars ($1,000,000) to cover its employees and independent contractors while its employees and independent contractors are engaged in providing personal and attendant care services;

15. (15) “Quality of services” means competent care that is supported and directed in a planned pattern to achieve:

    1. (A) Well-being;
    2. (B) Dignity;
    3. (C) Comfort; and
    4. (D) Self­management;
16. (16) “Residence” means a place where a person resides, including a home, nursing home, residential care facility, or convalescent home for the disabled or aged;
17. (17) “Supervision” means authoritative procedural guidance by a qualified person, acting within his or her applicable scope of practice, to a function or activity;

18. (18)

    1. (A) “Supervisor” means:

       1. (i) A licensed nurse; 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;

19. (19) “Telenursing” means the use of distance technology to:

    1. (A) Deliver nursing care; and
    2. (B) Conduct nursing practice; and

20. (20) “Visit” means a face-to-face meeting:

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

Codification Notes: “GED” means general educational development test.