Kan. Admin. Regs. § 28-51-100 - Definitions
In addition to the terms defined in K.S.A. 65-5101 and amendments thereto, each of the following terms, as used in this article of the department's regulations, shall have the meaning specified in this regulation:
(a) "Administrator" means an individual who
is appointed by the governing body and is directly responsible for the
management and day-to-day operations of a home health agency.
(b)
(1)
"Admission note" means a dated document after the initial assessment of a
client or patient that is used to develop the plan of care for the client or
patient and that specifies the following:
(A)
The relevant diagnoses;
(B) the
client's or patient's health history;
(C) environmental, safety, and social factors
of the client's or patient's home;
(D) the client's or patient's nutritional
requirements, medications, and treatments;
(E) the client's or patient's functional
status and abilities; and
(F) the
client's or patient's physical and mental levels of functioning.
(2)
(A) For home health services, the admission
note shall be completed by a registered nurse or physical therapist.
(B) For supportive care services, the
admission note shall be completed by a manager.
(3) For HCBS through the home- and community
based services (HCBS) waiver program, the admission note shall be completed by
a registered nurse or physical therapist.
(c) "After-hours" means the times, including
weekends, holidays, and evenings, when the parent office is closed or no staff
members are present.
(d) "Alternate
administrator" means an individual appointed by the governing body or
administrator who is responsible for the management and day-to-day operations
of the home health agency in the absence of the administrator.
(e) "Attendant care services" has the meaning
specified in
K.S.A. 65-6201, and amendments thereto.
(f) "Attendant care worker" means an employee
of a home health agency who provides attendant care services.
(g) "Bylaws" and "operating agreement" mean a
set of rules governing a home health agency's operation that is adopted by a
licensee. Bylaws or operating agreements establish the structure of the
governing body and the home health agency and specify how business at the home
health agency shall be conducted.
(h) "Change of ownership" means the sale or
transfer of a home health agency, including any sale or transfer of 50 percent
or more of the stock of a corporation.
(i) "Client" means an individual receiving
only supportive care services from a home health agency.
(j) "Client record" means documentation
including all of the following, for each client:
(1) An admission note;
(2) the plan of care;
(3) any progress notes;
(4) any record of communication concerning
the client's status;
(5) any
supportive care services provided to the client; and
(6) the discharge summary report.
(k) "Clinical manager" and
"director of nursing" mean the individual responsible for the nursing services
provided by a home health agency that provides home health services. If the
administrator or alternate administrator is not a physician or registered
nurse, the licensee shall employ, as the clinical manager or director of
nursing, a registered nurse licensed in Kansas who has at least two years of
nursing experience.
(l) "Clinical
nurse specialist" means an individual licensed by the state board of nursing as
an advanced practice registered nurse in the role of clinical nurse
specialist.
(m) "Clinical record"
means documentation including all the following, for each patient:
(1) An admission note;
(2) the plan of care;
(3) any progress notes;
(4) any record of communication concerning
the patient's status or treatment; and
(5) the discharge summary report.
(n) "Department" means department
of health and environment.
(o)
"Dietitian" means an individual who is licensed by KDADS. A nutritionist shall
not be utilized in place of a dietitian.
(p)
(1)
"Direct supervision" means supervision that includes the following:
(A) Periodically providing supervision of
each staff member while the staff member is providing home health services,
HCBS, or supportive care services and obtaining feedback from clients or
patients regarding the home health services, HCBS, or supportive care services
provided by the staff member; and
(B) directly overseeing activities as they
occur and providing constant direction, feedback, guidance, and
assistance.
(2) Each
individual providing direct supervision shall be on-call and shall be
accessible for one-on-one consultation, training and instruction, and
assistance, as needed.
(q) "Discharge summary report" means a
concise written statement that meets one of the following conditions:
(1) For home health services and HCBS, the
discharge summary report is signed by a qualified health professional and
reflects the patient's treatment and response in accordance with the patient's
plan of care and the final disposition of the patient at the time of discharge
from the home health agency.
(2)
For supportive care services, the discharge summary report is signed by a
manager and reflects the treatment and response of the client in accordance
with the client's plan of care and the final disposition of the client at the
time of discharge.
(r)
"Governing body" means the individual or individuals who comprise the legal
administrative structure of a home health agency and direct how business shall
be conducted.
(s) "HCBS" has the
meaning specified in 1296-34 .
(t) "Home health aide trainee" means an
individual who meets either of the following conditions:
(1) The individual has completed a 90-hour
nurse aide course as specified in K.A.R. 28-39-165.
(2) The individual's training has been
endorsed as specified in K.A.R. 28-51-115.
(u) "In-operation," when used to describe the
status of a home health agency, means that the home health agency has provided
home health services, HCBS, or supportive care services to at least five
patients or clients in the past 12-month period and to at least one patient or
client in the latest three-month period.
(v) "Inspection" means either an
investigation in response to a complaint or an on-site survey of a home health
agency by the department.
(w)
"KDADS" means Kansas department for aging and disability services.
(x) "Licensed nursing experience" means
employment as a registered nurse or licensed practical nurse.
(y) "Licensed practical nurse" means an
individual who is licensed by the state board of nursing as a licensed
practical nurse.
(z) "Licensee"
means a person who has been issued a license by the department to operate a
home health agency.
(aa) "Manager"
means an individual who is employed by a home health agency that provides
supportive care services and who meets the following requirements:
(1) Provides supervision and is available to
supportive care workers for consultation at all times that supportive care
services are provided; and
(2) has
at least one year of experience providing home health services, HCBS, or
supportive care services.
(bb) "Medication administration" means the
provision of assistance to a patient in the ingestion, application, or
inhalation of a medication according to the directions of either of the
following:
(1) The attending physician, nurse
practitioner, or clinical nurse specialist; or
(2) an individual who is licensed by the
state board of healing arts as a physician's assistant and is authorized to
provide assistance to a patient without direction or supervision in the scope
of the individual's license.
(cc) "Nurse practitioner" means an individual
licensed by the state board of nursing as an advanced practice registered nurse
in the role of nurse practitioner.
(dd) "Occupational therapist" means an
individual who is licensed by the state board of healing arts as an
occupational therapist.
(ee)
"Occupational therapy assistant" means an individual who is licensed by the
state board of healing arts as an occupational therapy assistant.
(ff) "Office hours" means the times of the
day and days of the week that a parent office is open and staffed to serve the
public.
(gg) "On-call" means being
available for consultation to the staff whenever home health services, HCBS, or
supportive care services are provided.
(hh) "Parent office" means the main location
or site from which a home health agency operates. Each parent office shall have
a local street address with a local telephone number and shall be continuously
staffed during posted and advertised office hours. The office hours shall be
conspicuously posted for public view. No post office box shall be used as the
location of a parent office.
(ii)
"Patient" means an individual receiving home health services or HCBS from a
home health agency.
(jj) "Person"
means an individual, association, partnership, corporation, government,
government subdivision, or other entity.
(kk) "Personal care" means attendant care
services, as defined in
K.S.A. 65-6201 and amendments thereto, provided to
an individual to enable the individual to reside in that individual's
home.
(ll) "Physical therapist"
means an individual who is licensed by the state board of healing arts as a
physical therapist.
(mm) "Physical
therapist assistant" means an individual who is certified by the state board of
healing arts as a physical therapist assistant.
(nn) "Physician" means an individual licensed
to practice medicine and surgery by the state board of healing arts or by an
adjoining state under the interstate medical licensure compact
(IMLC).
(oo) "Physician assistant"
means an individual licensed by the state board of healing arts as a physician
assistant.
(pp) "Plan of care"
means a written document developed and used by a home health agency specifying
the needs of each prospective client or patient to assist the licensee in
determining which home health services, supportive care services, or HCBS will
be provided to the prospective client or patient.
(1) For home health services, a registered
nurse or physical therapist shall develop each plan of care based on the
patient's diagnosis and the assessment of the patient's immediate and
long-range needs and resources. The plan of care shall be established in
consultation with other qualified health professionals, as needed. If the plan
of care includes home health services that, according to professional practice
acts, require a physician's authorization, the plan of care shall be signed by
a physician and shall be renewed every 60 days.
(2) For supportive care services, the plan of
care shall be developed by a manager and shall be based on each client's status
and the assessment of the client's immediate and long-range needs and
resources.
(3) For HCBS, the plan
of care shall be developed as specified by the HCBS waiver program
requirements. The licensee shall reassess each patient's plan of care at least
every 60 days to determine whether the HCBS are still adequate.
(qq) "Plan of correction" means a
written document developed by a licensee and submitted to the department to
address noncompliance found during an inspection.
(rr)
(1)
"Progress note" means a dated, written notation documenting a visit provided by
a staff member of the home health agency that summarizes the facts about a
client's or patient's treatment, response, and functional status during that
visit. Each progress note shall include the following:
(A) The name of the individual who provided
the treatment;
(B) the date and
time when the treatment was provided;
(C) the treatment that was received by the
client or patient;
(D) the client's
or patient's response; and
(E) the
date when the next visit will occur and the treatment that will be
provided.
(2) Each
progress note shall be clear and specific and shall indicate the client's or
patient's functional status and abilities compared to other visits. The client
or patient shall sign the progress note to confirm receipt of the
treatment.
(ss)
"Qualified health professional" means a physician, a registered nurse, a
physical therapist, an occupational therapist, a respiratory therapist, a
speech therapist, a dietitian, or a social worker.
(tt) "Registered nurse" means an individual
who is licensed by the state board of nursing as a registered professional
nurse or an individual who has a multistate license as a registered nurse as
specified in K.S.A. 65-1166, and amendments thereto. A registered nurse shall
be responsible for the direction, oversight, and management of the nursing
staff, including licensed practical nurses and home health aides.
(uu) "Respiratory therapist" means an
individual who is licensed by the state board of healing arts as a respiratory
therapist.
(vv) "Service area"
means a geographic region within a 200-mile radius of a home health agency's
parent office in which the home health agency is allowed to provide home health
services, HCBS, or supportive care services to clients or patients.
(ww) "Set up" means to arrange medication for
later medication administration according to instructions from a pharmacy, the
individual prescribing the medication, or a licensed nurse.
(xx) "Significant health event" means any
occurrence that affects the ability of an employee to perform the employee's
job duties.
(yy) "Simulated
laboratory" means an enclosed area that is in a school, adult care home, or
other facility and that is similar to a home setting for training purposes. In
a simulated laboratory, home health aide trainees practice and demonstrate
basic home health aide skills while an instructor observes and evaluates the
home health aide trainees.
(zz)
(1) "Skilled care services" means a type of
home health services. This term shall include the following:
(A) Wound care;
(B) the use of medical supplies, including
drugs and biologicals prescribed by a physician;
(C) in-home transfusions; and
(D) home health services provided by any
qualified health professional.
(2) This term shall not include the delivery
of either durable medical equipment or medical supplies.
(aaa) "Social worker" means an individual who
is licensed by the behavioral sciences regulatory board as a social
worker.
(bbb) "Speech therapist"
means an individual who is licensed by KDADS as a speech-language
pathologist.
(ccc) "Supervision"
means the authoritative procedural guidance that is given to a staff
member.
(ddd) "Telehealth" means
the use of information and communication technology while a patient is at one
site and a qualified health professional is at another site so that clinical
parameters and other clinical data can be sent to qualified health
professionals overseeing the health care provided to the patient. This term is
also known as "telemedicine," "telemonitoring," or "remote
monitoring."
(eee) "Total unique
patient and client count" means the number of separately identifiable patients
and clients that a home health agency served in a licensure year. Each home
health agency that did not operate in the previous year shall estimate the
number of separately identifiable patients and clients that will be served in
the one-year period following the date the application for a license is
submitted. The total unique patient and client count shall not duplicate any
patient or client who was provided home health services, HCBS, or supportive
care services on separate occasions.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.