65-5101. Definitions.
65-5101
65-5101. Definitions.As used in this act, unless the context otherwise requires:
(a) "Council" means the home health services advisory council created by this act;
(b) "home health agency" means a public or private agency ororganization or a subdivision or subunit of such agency or organizationthat provides for a fee one or more home health services at the residenceof a patient but does not include local health departments which are notfederally certified home health agencies, durable medical equipmentcompanies which provide home health services by use of specializedequipment, independent living agencies, the department of social andrehabilitation services and the department of health and environment;
(c) "home health services" means any of the following servicesprovided at the residence of the patient on a full-time, part-time orintermittent basis: Nursing, physical therapy, speech therapy, nutritionalor dietetic consulting, occupational therapy, respiratory therapy, homehealth aid, attendant care services or medical social service;
(d) "home health aide" means an employee of a home healthagency who is not licensed or professionally registered to provide homehealth services but who assists, under supervision, in the provision ofhome health services and who provides related health care to patientsbut shall not include employees of a home health agency providing onlyattendant care services;
(e) "independent living agency" means a public or private agency ororganization or a subunit of such agency or organization whose primaryfunction is to provide at least four independent living services, includingindependent living skills training, advocacy, peer counseling andinformation and referral as defined by the rehabilitation act of 1973,title VII, part B, and such agency shall be recognized by the secretary ofsocial and rehabilitation services as an independent living agency. Suchagencies include independent living centers and programs which meet thefollowing quality assurances:
(1) Accreditation by a nationally recognized accrediting body such asthe commission on accreditation of rehabilitation facilities; or
(2) receipt of grants from the state or the federal government andcurrently meets standards for independent living under the rehabilitationact of 1973, title VII, part B, sections (a) through (k), or comparablestandards established by the state; or
(3) compliance with requirements established by the federal governmentunder rehabilitation services administration standards for centers forindependent living;
(f) "part-time or intermittent basis" means the providing of home healthservices in an interrupted interval sequence on the average of not toexceed three hours in any twenty-four-hour period;
(g) "patient's residence" means the actual place of residence of theperson receiving home health services, including institutional residencesas well as individual dwelling units;
(h) "secretary" means secretary of health and environment;
(i) "subunit" or "subdivision" means any organizational unitof a larger organization which can be clearly defined as a separate entitywithin the larger structure, which can meet all of the requirements of thisact independent of the larger organization, which can be held accountablefor the care of patients it is serving and which provides to all patientscare and services meeting the standards and requirements of this act; and
(j) "attendant care services" shall have the meaning ascribed to suchterm under K.S.A. 65-6201 and amendments thereto.
History: L. 1984, ch. 335, § 1; L. 1985, ch. 222, § 1; L.1990, ch. 233, § 1; April 26.