Subd. 1. Applicability.

The definitions in this section apply to sections 144.699, subdivision 2, and 144A.43 to 144A.47.

Subd. 2. Commissioner.

"Commissioner" means the commissioner of health.

Subd. 3. Home care service.

"Home care service" means any of the following services when delivered in a place of residence to a person whose illness, disability, or physical condition creates a need for the service:

1. (1) nursing services, including the services of a home health aide;
2. (2) personal care services not included under sections 148.171 to 148.285;
3. (3) physical therapy;
4. (4) speech therapy;
5. (5) respiratory therapy;
6. (6) occupational therapy;
7. (7) nutritional services;
8. (8) home management services when provided to a person who is unable to perform these activities due to illness, disability, or physical condition. Home management services include at least two of the following services: housekeeping, meal preparation, and shopping;
9. (9) medical social services;
10. (10) the provision of medical supplies and equipment when accompanied by the provision of a home care service; and

11. (11) other similar medical services and health-related support services identified by the commissioner in rule.

    "Home care service" does not include the following activities conducted by the commissioner of health or a board of health as defined in section 145A.02, subdivision 2: communicable disease investigations or testing; administering or monitoring a prescribed therapy necessary to control or prevent a communicable disease; or the monitoring of an individual's compliance with a health directive as defined in section 144.4172, subdivision 6.

Subd. 4. Home care provider.

"Home care provider" means an individual, organization, association, corporation, unit of government, or other entity that is regularly engaged in the delivery, directly or by contractual arrangement, of home care services for a fee. At least one home care service must be provided directly, although additional home care services may be provided by contractual arrangements. "Home care provider" does not include:

1. (1) any home care or nursing services conducted by and for the adherents of any recognized church or religious denomination for the purpose of providing care and services for those who depend upon spiritual means, through prayer alone, for healing;
2. (2) an individual who only provides services to a relative;
3. (3) an individual not connected with a home care provider who provides assistance with home management services or personal care needs if the assistance is provided primarily as a contribution and not as a business;
4. (4) an individual not connected with a home care provider who shares housing with and provides primarily housekeeping or homemaking services to an elderly or disabled person in return for free or reduced-cost housing;
5. (5) an individual or agency providing home-delivered meal services;
6. (6) an agency providing senior companion services and other older American volunteer programs established under the Domestic Volunteer Service Act of 1973, Public Law Number 98-288;
7. (7) an employee of a nursing home licensed under this chapter or an employee of a boarding care home licensed under sections 144.50 to 144.56 who responds to occasional emergency calls from individuals residing in a residential setting that is attached to or located on property contiguous to the nursing home or boarding care home;
8. (8) a member of a professional corporation organized under chapter 319B that does not regularly offer or provide home care services as defined in subdivision 3;
9. (9) the following organizations established to provide medical or surgical services that do not regularly offer or provide home care services as defined in subdivision 3: a business trust organized under sections 318.01 to 318.04, a nonprofit corporation organized under chapter 317A, a partnership organized under chapter 323, or any other entity determined by the commissioner;
10. (10) an individual or agency that provides medical supplies or durable medical equipment, except when the provision of supplies or equipment is accompanied by a home care service;
11. (11) an individual licensed under chapter 147; or

12. (12) an individual who provides home care services to a person with a developmental disability who lives in a place of residence with a family, foster family, or primary caregiver.

    * NOTE: The amendments to subdivisions 1, 3, and 4 by Laws *2002, chapter 252, sections 2 to 4, are effective upon adoption *of licensure rules under section 144A.752, subdivision 1. Laws *2002, chapter 252, section 24.