10.07.10.02

.02 Definitions.

A. All terms used in these regulations shall have the same meaning as those used in the Act.

B. Terms Defined.

(1) "Administrator" means an individual who has had:

(a) Formal education in health services or administration, as evidenced by being a:

(i) Physician,

(ii) Registered nurse, or

(iii) College graduate with a bachelor's or higher degree in a health-related field; and

(b) At least 1 year of supervisory experience in:

(i) Hospital management,

(ii) Home health management, or

(iii) Public health program management.

(2) "Clinical note" means a dated and signed notation, with service designation by a member of the health team, of a contact with a patient.

(3) "Clinical record" means a written account of all services provided a patient within the authorities of the home health agency, as well as other pertinent information necessary to provide care.

(4) "Consumer" means a resident of the geographic area served who has demonstrated an interest in health care. The consumer representative may not personally, or through direct family ties, have any financial or active professional interest in the operation of the agency and shall be free of the existence of or appearance of conflict of interest.

(5) "Department" means the Maryland Department of Health.

(6) "Governing authority" means the individual, partnership, agency, group, or corporation designated to assume full legal responsibility for the policy determination, management, operation, and financial liability of the home health agency.

(7) "Home health agency" means a health-related institution, organization, or a part of an institution that:

(a) Is owned or operated by one or more persons, whether or not for profit and whether as a public or private enterprise; and

(b) Directly or through a contractual arrangement, provides to a sick or disabled individual in the residence of that individual skilled nursing services, home health aid services, and at least one other home health care service, that are centrally administered.

(8) "Home health aide" means a nonlicensed person who:

(a) Has:

(i) At least 1 year of practical experience in a hospital, nursing home, home care program; or

(ii) Satisfactorily completed the Maryland Red Cross Home Care Course or an equivalent program; and

(b) Provides personal and health care services to an individual in the place of residence, under supervision of the appropriate health professional.

(9) "In-home service" means a program provided by a home health agency which makes available personal care, homemaker, chore, or respite services to disabled or elderly persons in the place of residence. The services are designed to enable these persons to remain in their own residence consistent with their desires, abilities, and safety.

(10) "Maintenance health care" means a program provided by a home health agency for patients who are medically stable or have attained a satisfactory level of rehabilitation. These patients require only periodic monitoring by a health care professional in order to maintain their health care status and do not require the renewal of physician orders at least every 60 days.

(11) "Parent agency" means the agency that develops and maintains administrative and professional control of the delivery of services either directly or through branch offices.

(12) "Physician" means a person who is currently authorized to practice medicine under Health Occupations Article, §1-101, Annotated Code of Maryland.

(13) "Professional advisory group" means a committee which includes:

(a) One currently licensed physician;

(b) One registered nurse;

(c) One representative providing input from each allied discipline utilized by the agency; and

(d) One consumer representative.

(14) "Progress note" means a dated written notation by a member of the health team summarizing facts about the care given and the patient's response during a given period of time.

(15) "Secretary" means the Secretary of Health.

(16) "Skilled care" means a service or services which can only be safely and effectively provided by a person licensed under Health Occupations Article, Annotated Code of Maryland, and exercising specialized knowledge, judgment, and skill.

(17) "Skilled nursing services" means services provided by or under the supervision of a registered nurse and in accordance with the plan of treatment.

(18) "Utilization review" means a medical record review procedure designed to evaluate:

(a) The appropriateness of admissions;

(b) The efficiency and adequacy of provided services; and

(c) Length of stay and discharge practices.