Section 175-14-002 - DEFINITIONSDefinitions set out in the Health Care Facility Licensure Act, the Uniform Credentialing Act, the Medication Aide Act, 175 Nebraska Administrative Code (NAC) 1, and the following apply to this chapter.
002.01ABUSE. Any knowing, intentional, or negligent act or omission on the part of a person which results in physical abuse, sexual abuse, verbal abuse, or mental abuse, unreasonable confinement, cruel punishment, exploitation, or denial of care, treatment or services to a consumer.002.02BRANCH OFFICES. Those locations from which the parent home health agency has been approved by the Department to provide the same full range of care, treatment, and services provided by the parent home health agency issued the license within a portion of the total approved geographic area served by the parent home health agency. Branch offices are a part of the parent home health agency and share administration, supervision, and services with the parent home health agency on a daily basis.002.03CAREGIVER. Has the same meaning as caretaker found in Neb. Rev. Stat. § 71-6721.002.04CERTIFIED SOCIAL WORKER. An individual who holds an active master social worker certificate issued by the Department.002.05CHEMICAL RESTRAINT. A psychopharmacologic drug that is used for discipline or convenience and is not required to treat medical symptoms.002.06CONSUMER'S RESIDENCE. The actual place of temporary or permanent residence of a person, used as that person's home, other than a hospital or nursing home.002.07DEVICE. An instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is prescribed by a medical practitioner and dispensed by a pharmacist or other person authorized by law to do so.002.08DIALYSIS. The process of removing waste products and excess fluid from the body when the kidneys are not able to adequately filter the blood. Types of dialysis include hemodialysis and peritoneal dialysis.002.09DIRECT SUPERVISION. The responsible practitioner is physically present in the consumer care, treatment and service area and is available to assess, evaluate and respond immediately. Direct supervision does not mean the responsible practitioner must be in the same room or looking-over-the-shoulder of the staff providing care, treatment, or services to the consumer.002.10EXPLOITATION. The taking of property of a consumer by means of undue influence, breach of a fiduciary relationship, deception, or extortion or by any unlawful means.002.11FULL-TIME BASIS. Provision of services for a continuous 24-hour period.002.12GEOGRAPHIC AREA SERVED. Includes all counties pre-approved by the Department where the home health agency can provide care, treatment and services. Counties must be contiguous with the county where the parent home health agency is located.002.13HOME. The consumer's permanent or temporary residence, other than a hospital or a nursing home.002.14HOME CARE EQUIPMENT AND SUPPLIES. Equipment or supplies used in the consumer's home and needed by the consumer to maintain the consumer's highest level of function in the home.002.15HOME HEALTH AIDE SERVICES. The use of a trained, supervised paraprofessional to provide one or more of the following: personal care, assistance with activities of daily living, or basic therapeutic care to consumers of a home health agency.002.16INTERMITTENT BASIS. The provision of services for less than 4 hours in any 24-hour period.002.17INTRAVENOUS THERAPY. Initiating and monitoring therapy related to substances that are administered intravenously.002.18MEDICALLY FRAGILE PERSON. An individual whose medical condition is unstable, requires medical or nursing judgment, and whose physical status may or may not be frail or fragile.002.19MEDICATION REMINDERS. Verbal reminders to a person to take the person's medication which does not include touching or handling of the medication or the container where the medication is stored. Medication reminders do not include administration or provision of medication as defined in the Medication Aide Act and 172 NAC 95 and 96.002.20MENTAL ABUSE. Humiliation, harassment, threats of punishment or deprivation, or other actions causing mental anguish.002.21NEGLECT. A failure to provide care, treatment, or services necessary to avoid physical harm or mental anguish of a consumer.002.22PARENT HOME HEALTH AGENCY. The home health agency issued the license and is responsible for consumer admissions; care, treatment, and services provided to consumers; implementation of the plan of care; and ensuring administrative and supervisory control of its branch offices.002.23PART-TIME BASIS. The provision of services for less than 24 hours but more than 4 hours in any 24-hour period.002.24PHYSICAL ABUSE. Hitting, slapping, pinching, kicking, or other actions causing injury to the body.002.25PHYSICAL RESTRAINT. Any manual method or physical or mechanical device, material, or equipment attached or adjacent to the consumer's body that the consumer cannot remove easily and that restricts freedom of movement or normal access to the consumer's own body.002.26PRACTITIONER. A nurse practitioner, osteopathic physician, physician, or physician assistant.002.27SEXUAL ABUSE. Sexual harassment, sexual coercion, or sexual assault.002.28STAFF. An individual who is a direct or contracted employee of the home health agency.002.29SUPERVISION. The authoritative guidance which is given by a qualified person of the appropriate discipline. Supervision includes initial direction and periodic indirect and direct monitoring of services.002.30THERAPEUTIC SERVICE. Any or all of the following services: skilled nursing care; physical therapy; speech pathology; occupational therapy; respiratory care; home health aide services; social work services; intravenous therapy; and dialysis.002.31VERBAL ABUSE. The use of oral, written, or gestured language including disparaging or derogatory terms to consumers or within hearing distance of the consumer or within the consumer's sight.175 Neb. Admin. Code, ch. 14, § 002
Amended effective 5/5/2024