Administrator - A person who is appointed in writing by the governing body of the home health agency to organize and direct the services and functions of the home health agency.

Attending Physician - The physician responsible for the medical treatment of the patient.

Audiologist - The person licensed as an audiologist by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.

Branch Office - A home health agency established and administered by a parent home health agency, providing services within a portion of the total service area served by the parent agency. Patients are accepted for service by the branch office at a separate location from the parent agency. The branch office is not required to be staffed with an administrator and a Director of Patient Care Services but must have a Nurse Supervisor available on the premises or immediately accessible by telecommunications during operating hours when patients are receiving services. The parent agency shall develop and implement a written plan for administration and supervision of a branch office. The administration at the parent agency shall be responsible for the staffing, patient census, and any issues affecting the operation of a given branch.

Dentist - A person licensed as a dentist by the Dental Board of California.

Department - The State Department of Health Services.

Dietitian - A registered dietitian who meets the qualifications specified in section 2585 of the Business and Professions Code.

Director - The Director of the State Department of Health Services.

Home Health Aide - An aide who has successfully completed a training program approved by the Department of Health Services pursuant to applicable federal and state regulation, is employed by a home health agency or hospice program, provides personal care services in the patient's home, and is certified pursuant to Section 1736.1 of the Health and Safety Code.

 Home Health Agency - A private or public organization, including but not limited to, any partnership, corporation, political subdivision of the state, or other government agency within the state, which provides, or arranges for the provision of, skilled nursing services, to persons in their temporary or permanent place of residence.

Home Health Services - Those health services which are provided to a patient in a place of residence used as the patient's home.

License - The basic document issued by the Department permitting the operation of a home health agency. This document constitutes the authority to accept patients and to perform the services included within the scope of these regulations and as specified on the license.

Licensee - The person, persons, firm, partnership, association, corporation, receiver, political subdivision of the State or other governmental agency to whom a license has been issued and shall include the officers, directors, partners and members thereof and other persons having or exercising responsibility or authority in the operation of the agency.

Licensed Vocational Nurse - A person licensed as a licensed vocational nurse by the Board of Vocational Nursing and Psychiatric Technicians.

Occupational Therapist - A person who is licensed as an occupational therapist by the California Board of Occupational Therapy.

Occupational Therapy Assistant - A person licensed as an occupational therapy assistant by the California Board of Occupational Therapy.

Parent Home Health Agency - The primary home health agency which establishes, maintains and assures administrative and supervisory control of branch offices. The service area of a parent home health agency may not extend beyond four hours surface travel time from the agency unless the agency serves a rural, scarcely populated area pursuant to Section 74663.

Patient - A person who is under observation, treatment or care for illness, disease or injury, or under care during and after a pregnancy, or a person accepted only for personal care services without a plan of treatment prescribed by a physician.

Physical Therapist - A person licensed as a physical therapist by the Physical Therapy Board of California.

Physical Therapist Assistant - A person who is approved as a physical therapist assistant by the Physical Therapy Board of California.

Physician - A person licensed as a physician and surgeon by the Medical Board of California or by the Osteopathic Medical Board of California.

Podiatrist - A person licensed as a podiatrist by the California Board of Podiatric Medicine.

Primary Home Health Agency - The agency that is responsible for the services furnished to patients and for implementation of the plan of treatment, plan of care, or plan for personal care services, where more than one home health agency provides services to a patient.

Private Agency - A nonprofit agency or a proprietary agency..

• A “nonprofit agency” is a home health agency not operated by a state or local government and which is exempt from federal income taxation under 26 USC Section 501 (c) (3).
• A “proprietary agency” is a home health agency not operated by a state or local government and which is not exempt from federal income taxation under 26 USC Section 501 (c) (3).

Public Agency - A home health agency operated by a state or local government.

Public Health Nurse - A person licensed as a registered nurse who possesses a public health nursing certificate issued by the Department.

Registered Domestic Partner - The same meaning as defined in Family Code Sections 297 and 297.5.

Registered Nurse - A person licensed in the State of California by the Board of Registered Nursing.

Skilled Nursing Services - Services which are provided by and within the scope of practice of a registered nurse or licensed vocational nurse. Entities providing or arranging for the provision of skilled nursing services shall obtain a home health agency license.

For purposes of licensure as a home health agency, “providing or arranging for the provision of skilled nursing services” means that an entity does either one or both of the following:

• Employs a registered nurse or licensed vocational nurse to utilize his or her skills to promote the medical benefit of the patient in a temporary or permanent place of residence.
• Obtains the services of a registered nurse or licensed vocational nurse who is not an employee in order to fulfill its contractual obligations to promote the medical benefit of the patient in the patient's temporary or permanent place of residence.

For purposes of licensure as a home health agency, “providing or arranging for the provision of skilled nursing services” does not include:

• Any entity that utilizes qualified, licensed nursing personnel within their scope of practice to evaluate individuals only to determine their quality and/or level of care or nursing needs;
• Any entity that utilizes qualified, licensed nursing personnel within their scope of practice to facilitate access by referral to needed home care services (e.g., determining that an individual requires skilled nursing care, and referring the case to a licensed home health agency);
• Any entity that utilizes qualified, licensed nursing personnel within their scope of practice to provide only case management and/or supervision for personnel providing only personal care services (e.g., any business that only furnishes personal care or services that are not related to a patient's illness or injury).

Social Worker - A person who:

• Is licensed as a clinical social worker by the Board of Behavioral Sciences; or
• Has a Master of Social Work degree from a school of social work accredited by the Council on Social Work Education and has one year of social work experience in a health care setting.

Social Work Assistant - A person with a baccalaureate degree in the social sciences or related fields.

Speech Pathologist - A person licensed as a speech pathologist by the Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board.

Subdivision - A component of a health agency such as the home care department of a hospital or the nursing division of a health department which independently meets the home health agency licensing requirements of the Department.

Reference

22 CCR § 74600 et. al.