16 Del. Admin. Code § 3345-1.0
"Activities of Daily Living" means the tasks for self-care which are performed either independently, with supervision, or with assistance. Activities of daily living include but are not limited to ambulating, transferring, grooming, bathing, dressing, eating and toileting. Assistance with transfers is not permitted if the consumer is unable to physically assist with the transfer (i.e. use of transfer boards, mechanical lifts are not permitted).
"Agency" means a personal assistance services agency licensed by the Department of Health and Social Services.
"Appropriate Capacity" means an individual's ability to comprehend both the nature and consequences of one's acts.
"Change of Ownership (CHOW)" see "Modification of Ownership and Control (MOC)".
"Companion" means a person who provides social interaction for an individual primarily in the individual's place of residence. A companion may provide such services as cooking, housekeeping, errands, etc.
"Complaint" means a consumer issue that can be immediately addressed by staff who are present at the time of the complaint.
"Consumer" means a person, person's spouse, parent, legal guardian, or legal custodian of a person under 18, or any legal guardian, legal custodian or surrogate of a person who is an adult, requesting and receiving personal assistance services as defined in this chapter, primarily in the consumer's residence.
"Consumer Record" means a written account of all services provided to a consumer by the personal assistance services agency, as well as other pertinent information necessary to provide care.
"Contractor" means an individual (subcontractor, independent contractor or other designation used) that does not meet the definition of employee, who holds a valid business license and provides services for the agency.
"Department" means the Delaware Department of Health and Social Services.
"Direct Care Worker" means those individuals (aide, assistant, caregiver, technician or other designation used) employed by or under contract to a personal assistance services agency to provide personal care services, companion services, homemaker services, transportation services and those services as permitted in 24 Del.C. Section 1921(a)(15) to consumers. The direct care worker provides these services to an individual primarily in their place of residence.
"Director" means a job-descriptive term used to identify the individual appointed by the governing body to act on its behalf in the overall management of the personal assistance services agency. Job titles may include administrator, superintendent, director, executive director, president, vice-president, or executive vice-president. The director shall have at least an associates degree plus two (2) years healthcare or home care supervisory experience. A Director in place as of June 1, 2020 will be exempt from this requirement.
"Full-Time" means the established hours of the personal assistance services agency.
"Governing Body or Other Legal 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 personal assistance services agency.
"Grievance" means a written or verbal report of a concern that is made to the agency by a consumer. A grievance cannot be immediately resolved by staff present at the time of the report.
"Healthcare Experience" means the direct participation of an individual in the maintenance or improvement of health via the prevention, diagnosis, treatment, recovery, or cure of disease, illness, injury, and other physical and mental impairments in patients.
"Healthcare Facility" means any facility licensed under 16 Del.C. Ch. 10 or 11.
"Home Care Experience" means the provision of services that do not require the judgment and skills of a licensed nurse or other healthcare professional. The services are limited to individual assistance with, or supervision of activities of, daily living and instrumental activities of daily living.
"Homemaker" means a person who performs household chores for an individual primarily in the individual's place of residence. Household chores may include but are not necessarily limited to housekeeping, meal preparation and shopping.
"Home Visit" is a visit to the consumer's residence by an agency director, or designee, for the purpose of initial consumer need evaluation and update and revision of the service plan.
"Immediate Jeopardy" means a crisis situation in which the health and safety of consumers is at risk. It is a deficient practice which indicates an inability to furnish safe care and services.
"Legal Entity" means a business organizational structure that is recognized as such by Title 6 or Title 8 of the Delaware Code.
"License" means a license issued by the Department.
"Licensee" means the individual, corporation, or legal entity with whom rests the ultimate responsibility for maintaining approved standards for the personal assistance services agency.
"Majority Interest" means the largest percentage of ownership interest.
"Medication Administration" means the process whereby a single dose of a prescription or non-prescription medication is given to a consumer by a direct care worker. The responsible caregiver must provide prepackaged medication. The responsible caregiver must provide the direct care worker with written instructions regarding the administration procedure.
"Medication Reminder" means a verbal prompt to the consumer to take their medication. A medication reminder does not include the administration of or any physical contact with the medication.
"Minority Interest" means any percentage of ownership less than the majority interest.
"Modification of Ownership and Control (MOC)" means the sale, purchase, transfer or re-organization of ownership rights.
"Office" means the physical location in which the business of the personal assistance services agency is conducted and in which the records of personnel, contractors and consumers of the agency are stored. The office shall be located in the State of Delaware.
"Owner" means an individual or legal entity with ownership rights of the agency.
"Ownership" means the state or fact of exclusive possession and control of the agency.
"Ownership Interest" means the percentage of ownership an individual or legal entity possesses.
"Personal Assistance Services" means the provision of services for compensation that do not require the judgment and skills of a licensed nurse or other professional. The services are limited to individual assistance with/or supervision of activities of daily living, companion services, transportation services, homemaker services, reporting changes in consumer's condition, medication reminders and completing reports. Medication administration is permitted if all of the requirements under subsection 5.4.3 of these regulations are met. These services do not require physician's orders.
"Personal Assistance Services Agency" means any business entity or subdivision thereof, whether public or private, proprietary or not-for-profit, which refers direct care workers to provide personal assistance services to individuals primarily in their home or private residence.
"Plan of Correction" means a personal assistance services agency's written response to findings of regulatory non-compliance. Plans must adhere to the format specified by the licensing agency, must include acceptable timeframes in which deficiencies will be corrected and must be approved by the licensing agency.
"Prepackaged Medication" means medication labeled with the consumer name, medication name, medication dosage, and the date and time the medication is to be administered. Each medication must be packaged separately and labeled.
"Representative" means a person acting on behalf of the consumer, as permitted by Delaware law.
"Residence" means the domicile of the consumer either personally owned by that consumer or considered the place of residence of that consumer.
"Responsible Caregiver" means an individual eighteen (18) years old or older who is the primary caretaker for an adult consumer.
"Safety Supervision" means the services provided by a direct care worker to help prevent wandering and other occurrences sometimes associated with dementia or diminished capacity.
"Serious Injury" means physical injury that creates a substantial risk of death, or that causes serious disfigurement, serious impairment of health or serious loss or impairment of the function of any bodily organ.
"Service Area" means the county in the state of Delaware in which the agency office is located and the county or counties in the state of Delaware which are immediately adjacent.
"Service Plan" means a written plan that specifies scope, frequency and duration of services.
"Telehealth Mechanism" means the use of information exchange from 1 site to another via an electronic interactive telecommunication system. Telehealth is provided with specialized equipment at each site including real-time streaming via the use of video streaming and audio equipment. The telecommunications must permit real-time encryption of the interactive audio and video exchanges with the personal assistance services agency. The consumer must consent to the use of telehealth.
16 Del. Admin. Code § 3345-1.0
23 DE Reg. 1033(6/1/2020)
26 DE Reg. 909( 5/1/2023) (Emer.)
27 DE Reg. 43( 7/1/2023) (Final)