048-9 Wyo. Code R. §§ 9-4 - Definitions

The following definitions shall apply in the interpretation and enforcement of these rules. Where the context in which words are used in these rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout these rules, gender pronouns are used interchangeably. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.

For purpose of these rules, the following shall apply:

(a) "Age of majority." The age at which a child becomes an adult, which is currently defined by W.S. § 14-1-101 as the age of eighteen (18) years.

(b) "Central Registry." The registry maintained by the Wyoming Department of Family Services pursuant to W.S. § 14-3-213, which indexes perpetrators of child abuse or neglect and abuse, neglect, exploitation or abandonment of disabled adults. The registry information is available by calling 307-777-5894.

(c) "Certified Nurse Assistant (CNA)." An individual who is currently certified by the Wyoming State Board of Nursing and his/her certification has been verified by the home health agency Administrator or his/her designee.

(d) "Chief Administrative Officer." The Director, Department of Health as per W.S. § 9-2-101(e), or the designated Licensure representative.

(e) "Client." A person who is served by, or uses the services of a home health agency, either with or without charge.

(f) "Complaint." A formal allegation of injustice or perceived harm referred to an outside party or agency.

(g) "Complaint Investigations." Those investigations required to be performed by the State Long Term Care Ombudsman as per W.S. § 9-2-1301 through W.S. § 9-2-1309 or by the State Survey Agency as per the agreement dated June 18, 1985 between the Secretary of the U.S. Department of Health and Human Services and the State of Wyoming.

(h) "Days." Calendar days.

(i) "Dietitian." A person who is registered by the American Dietetic Association and provides nutritional and dietary consultation services to the home health agency and individual clients.

(j) "Fidelity bond." A contract of fidelity insurance, in which there is an agreement to insure another against loss arising from the want of honesty, integrity or fidelity of an employee of the home health agency.

(k) "Governing Body." The individual(s), group, or agency that has ultimate authority and responsibility for establishing client care policies, personnel policies, and providing for organization, management and planning of the home health agency.

(l) "Grievance." A concern of inequitable or inaccurate action that is handled through the agencies internal grievance procedure.

(m) "Health Care Services." Includes, but is not limited to, nursing, physical therapy, speech pathology, occupational therapy, respiratory therapy, medical social work, home health aide, and dietary services. All staff shall be licensed/certified in accordance with the Wyoming State Statutes.

(n) "Homemaker." A person who assists with environmental services such as housekeeping, basic meal preparation, shopping and laundry. Homemakers provide no personal care.

(o) "Home Health Agency." Any group, public agency, private organization, or any individual person who is primarily engaged in arranging for and directly providing two or more health care services to persons at their residence.

(p) "Home Health Aide." A nursing assistant certified by the Wyoming Board of Nursing who has received sixteen (16) hours of additional training on home health issues, approved by the Wyoming Board of Nursing.

(q) "Licensing Division." The Department of Health, Office of Health Quality.

(r) "Licensed Practical Nurse (LPN)." A person who is licensed to practice as a licensed practical nurse by the Wyoming Board of Nursing pursuant to W.S. § 33-21-120.

(s) "Occupational Therapy Assistant." A person who is licensed by the Wyoming Board of Occupational Therapy to practice as a Certified Occupational Therapy Assistant pursuant to W.S. § 33-40-102(a)(ii).

(t) "Occupational Therapist." A person who is licensed by the Wyoming Board of Occupational Therapy to practice as a Registered Occupational Therapist pursuant to W.S. § 33-40-102(a)(iv).

(u) "Occupational Therapy." The use of purposeful activity with individuals who are limited by physical injury or illness, psychosocial dysfunction, developmental or learning disabilities or the aging process in order to maximize independence, prevent disability and to maintain health. The practice encompasses evaluation, treatment and consultation. Occupational therapy is provided by an occupational therapist or by a certified occupation therapy assistant under the supervision of an occupational therapist.

(v) "Personal Care." Activities such as, but not limited to, bathing, grooming, feeding, ambulating, exercising, oral hygiene, and skin care.

(w) "Physical Therapy Assistant." A person who is licensed to practice in the State of Wyoming as a physical therapy assistant pursuant to W.S. § 33-25-101(a)(v).

(x) "Physical Therapy." The evaluation, instruction or treatment of a human being to prevent, correct, alleviate or limit physical disability due to injury, disease or any other physical or mental condition by the utilization of physical measures such as exercise, massage, heat, cold, air, light, water, electricity or sound, and rehabilitative procedures including training in functional activities and the performance and interpretation of tests and measurements of bodily functions as an aid in the examination, evaluation or treatment of any human conditions for the purpose of correcting or alleviating an individuals physical or mental disability. Physical therapy also includes the supervision of physical therapy activities, physical therapy consultation and the establishment and modification of physical therapy programs, but physical therapy shall not include radiology or electro-surgery or authorize the diagnosis of disease. Treatment by physical therapy shall be rendered subject to W.S. § 33-2-102.

(y) "Physical Therapist." A person who is licensed to practice physical therapy in the State of Wyoming pursuant to W.S. § 33-25-101.

(z) "Plan of Care." An individualized plan developed for each client which, at a minimum addresses: diagnoses, medications, types of services, equipment, visit protocol, functional limitations, activity level, nutrition requirements, treatments and safety issues, and any other information necessary to care for the client.

(aa) "Primarily Engaged." A relationship between a provider of services and a client whereby a provider offers to arrange for or directly provide health care services at a clients residence and the client accepts the offer. When this relationship is agreed upon, the provider becomes primarily engaged in providing health care services to the client.

(bb) "Program Administration." The rules and regulations promulgated by the Department of Health and developed by the Program Division for the day-to-day operation of a home health agency per W.S. § 9-2-1208.

(cc) "Program Division." The Department of Health, Aging Division.

(dd) "Provider." A licensed home health agency.

(ee) "Registered Nurse (RN)." A graduate of an approved school of professional nursing, who is currently licensed to practice as a registered nurse by the Wyoming Board of Nursing pursuant to W.S. § 33-21-120 et. seq.

(ff) "Respiratory Care." The health specialty responsible for the treatment, management, diagnostic testing, control, and care of clients with deficiencies and abnormalities associated with the cardiopulmonary system.

(gg) "Skilled Services." Professional services provided by a Registered Nurse, Licensed Practical Nurse, Physical Therapist, Occupational Therapist, Speech Language Pathologist, Respiratory Therapist, Social Worker, or Registered Dietitian.

(hh) "Speech Language Pathologist." A person who is licensed in the State of Wyoming to practice speech language pathology as per W.S. § 33-33-101 through W.S. § 33-33-309.

(ii) "Speech Pathology." The application of principles, methods, and procedures for the evaluation, monitoring, instruction, habilitation, or rehabilitation related to the development and disorders of speech, voice, or language for preventing, identifying, evaluating and reducing the effects of such disorders and conditions.

(jj) "Social Worker." Those services provided by a qualified social worker or by a qualified social service assistant under the supervision of a qualified social worker as per W.S. § 33-38-106, and according to the clients plan of care.

(kk) "State Survey Agency." The Department of Health, Office of Health Quality which has the primary responsibility to determine whether health care providers/suppliers do or do not meet federal certification standards to participate in the Medicaid and/or Medicare programs as per the agreement dated June 18, 1985 between the Secretary of the U.S. Department of Health and Human Services and the State of Wyoming.

(ll) "Survey." An on-site evaluation conducted by the Survey Division or its designated representative to determine compliance with State rules and regulations for Home Health Agencies.

(mm) "Survey Division." The Department of Health, Office of Health Quality.

(nn) "Therapy services." Include physical therapy, occupational therapy, and speech language therapy.

(oo) "Unskilled Services." Any service provided by the agency that is not skilled services.

Notes

048-9 Wyo. Code R. §§ 9-4