31-7-300. Definitions.

As used in this article, the term:

“Companion or sitter tasks” means the following tasks which are provided to elderly, handicapped, or convalescing individuals: transport and escort services; meal preparation and serving; and household tasks essential to cleanliness and safety. These tasks do not include assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating.#

“Department” means the Department of Community Health.#

“Personal care tasks” means assistance with bathing, toileting, grooming, shaving, dental care, dressing, and eating; and may include but are not limited to proper nutrition, home management, housekeeping tasks, ambulation and transfer, and medically related activities, including the taking of vital signs only in conjunction with the above tasks.#

“Private home care provider” means any person, business entity, corporation, or association, whether operated for profit or not for profit, that directly provides or makes provision for private home care services through:#

1. (A)

   Its own employees who provide nursing services, personal care tasks, or companion or sitter tasks;#

2. (B)

   Contractual arrangements with independent contractors who are health care professionals licensed pursuant to Title 43; or#

3. (C)

   Referral of other persons to render home care services, when the individual making the referral has ownership or financial interest in the delivery of those services by those other persons who would deliver those services.#

“Private home care services” means those items and services provided at a patient’s residence that involve direct care to that patient and includes, without limitation, any or all of the following:#

1. (A)

   Nursing services, provided that such services can only be provided by a person licensed under Chapter 26 of Title 43;#

2. (B)

   Personal care tasks; and#

3. (C)

   Companion or sitter tasks.#

4. Private home care services shall not include physical, speech, or occupational therapy; medical nutrition therapy; medical social services; or home health aide services provided by a home health agency.

“Residence” means the place where an individual makes that person’s permanent or temporary home, whether that person’s own apartment or house, a friend or relative’s home, or a personal care home, but shall not include a hospital, nursing home, hospice, or other health care facility licensed under Article 1 of this chapter.#