S.C. Code Regs. § § 61-77.100.101

Current through Register Vol. 48, 12, December 27, 2024

Section 61-77.100.101 - Definitions

A. Abuse. Physical Abuse or Psychological Abuse.

1. Physical Abuse. Intentionally inflicting or allowing to be inflicted physical injury on a Patient by an act or failure to act. Physical abuse includes, but is not limited to, slapping, hitting, kicking, biting, choking, pinching, burning, actual or attempted sexual battery, use of medication outside the standards of reasonable medical practice for the purpose of controlling behavior, and unreasonable confinement. Physical Abuse also includes the use of a restrictive or physically intrusive procedure to control behavior for the purpose of punishment except that a therapeutic procedure prescribed by a licensed physician or other qualified professional or that is part of a written plan of care by a licensed physician or other qualified professional is not considered physical abuse. Physical abuse does not include altercations or acts of assault between Patients.

2. Psychological Abuse. Deliberately subjecting a Patient to threats or harassment or other forms of intimidating behavior causing fear, humiliation, degradation, agitation, confusion, or other forms of serious emotional distress.

B. Administrator. The individual designated by the governing body or Licensee who is in charge of and responsible for the administration of the Home Health Agency. May also be referred to as Director.

C. Authorized Healthcare Provider. An individual authorized by law and currently licensed in South Carolina as a Physician, advanced practice registered nurse, or physician assistant to provide specific treatments, care, and services to Patients.

D. Branch Office. A location or site from which a Home Health Agency provides services within a portion of the total geographic area served by the Parent Agency. The Branch Office is part of the Agency and is located sufficiently close to share administration, supervision, and services in a manner that renders it unnecessary for the branch independently to meet the licensure requirements as an Agency.

E. Comprehensive Assessment. An individualized assessment that reflects each Patient's current health status, includes information that may be used to demonstrate the Patient's progress toward achievement of the desired outcomes, identifies the Patient's need for Home Health Services, and reflects the Patient's medical, nursing, rehabilitative, social and Discharge planning needs.

F. Consultation. A visit by Department representatives who will provide information to Agencies with the goal of facilitating compliance with the regulation.

G. Contracted Party. An individual, business, or other entity who enters into an agreement with a Home Health Agency to provide care, treatment, or services normally provided by the Home Health Agency to a Patient.

H. Department. The South Carolina Department of Health and Environmental Control.

I. Direct Care Staff. Those individuals who provide direct treatment, care, and services to Patients, including:

1. A Registered Nurse, Licensed Practical Nurse, or certified nurse assistant;

2. Any other licensed professional employed by or contracting with a Home Health Agency who provides to Patients direct care or services and includes, but is not limited to, a physical, speech, occupational, or respiratory care therapist;

3. A person who is not licensed but provides physical assistance or care to a Patient served by a Home Health Agency;

4. A person employed by or under contract with a Home Health Agency who works within any building housing Patients; or

5. A person employed by or under contract with a Home Health Agency whose duties include the possibility of Patient contact.

J. Discharge. The point at which treatment, care, and services provided by a Home Health Agency are terminated and the Home Health Agency no longer maintains active responsibility for the care of the Patient.

K. Exploitation.

1) Causing or requiring a Patient to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the Patient. Exploitation does not include requiring a Patient to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the Patient;

2) An improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a Patient by a person for the profit or advantage of that person or another person; or

3) Causing a Patient to purchase goods or services for the profit or advantage of the seller or another person through: undue influence, harassment, duress, force, coercion, or swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property.

L. Health Assessment. An evaluation of the health status of a Staff member by a Physician, other Authorized Healthcare Provider, or Registered Nurse in accordance with Agency policy.

M. Home Health Agency ("Agency"). A public, nonprofit, or proprietary organization, whether owned or operated by one or more persons or legal entities, which furnishes or offers to furnish Home Health Services.

N. Home Health Aide Services. Services provided by an individual supervised by a Registered Nurse or licensed therapist who renders assistance in the home to Patients with personal care problems and who meets minimum qualifications and training as set by the Home Health Agency.

O. Home Health Services. Those items and services furnished to an individual by a Home Health Agency, or by others under arrangement with the Home Health Agency, on a visiting basis and, except for subsection 5, below, in a place of temporary or permanent residence used as the individual's home as follows:

1. Part-time or Intermittent skilled nursing care as ordered by a Physician or other Authorized Healthcare Provider and provided by or under the supervision of a Registered Nurse and at least one other service listed below:

2. Physical, occupational, or speech therapy;

3. Medical social services, Home Health Aide Services, and other therapeutic services;

4. Medical supplies and the use of medical appliances;

5. Any of the above items and services provided on an outpatient basis under arrangements made by the Home Health Agency with a hospital, nursing home, or rehabilitation center and the furnishing of which involves the use of equipment of such a nature that the items and/or services cannot readily be made available to the individual in his/her home, or which are furnished at one of the above facilities while the Patient is there to receive such items or services, but not including transportation of the individual in connection with any such items or services.

P. Incident. An unusual, unexpected adverse event, including any accidents, that could potentially cause harm, injury, or death to Patients or Staff members.

Q. Inspection. A visit by individuals authorized by the Department to a licensed Home Health Agency or to a proposed Home Health Agency for the purpose of determining compliance with this regulation.

R. Intermittent. Any combination of temporary skilled nursing, Home Health Aide, and/or Therapeutic Services, provided on a less-than-daily basis, or if provided daily, is less than eight (8) hours per day.

S. Investigation. A visit by individuals authorized by the Department to an unlicensed or licensed Home Health Agency for the purpose of determining the validity of allegations of violations received by the Department relating to this regulation.

T. Joint Annual Report. An annual statistical and utilization data report submitted to the South Carolina Revenue and Fiscal Affairs Office.

U. License. A License issued by the Department to a Home Health Agency to provide Home Health Services in designated counties within the state.

V. Licensed Practical Nurse. An individual who is currently licensed as such by the South Carolina Board of Nursing.

W. Licensee. The individual, corporation, or public entity who has received a License to provide Home Health Services and with whom rests the ultimate responsibility for compliance with this regulation.

X. Medical Social Worker. A person who has one (1) year of social work experience in a health care setting and is licensed by the South Carolina Board of Social Work Examiners at the Master (LMSW) or Independent (LISW) level.

Y. Medical Social Worker Assistant. A person who has at least one (1) year of social work experience in a health care setting, is licensed by the South Carolina Board of Social Work Examiners, and provides services under the supervision of a Medical Social Worker as defined in 101.X.

Z. Neglect. The failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a Patient including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services and the failure or omission has caused, or presents a substantial risk of causing, physical or mental injury to the Patient. Noncompliance with regulatory standards alone does not constitute Neglect. Neglect includes the inability of a Patient, in the absence of a caretaker, to provide for his or her own health or safety which produces or could reasonably be expected to produce serious physical or psychological harm or substantial risk of death.

AA. Occupational Therapist. A person currently licensed as such by the South Carolina Board of Occupational Therapy.

BB. Occupational Therapist Assistant. A person who is currently licensed as such by the South Carolina Board of Occupational Therapy.

CC. Parent Home Health Agency ("Parent Agency"). The Agency that develops and maintains administrative control Branch Offices.

DD. Part-time. Any combination of temporary skilled nursing, Home Health Aide, and/or Therapeutic Services being provided for less than eight (8) hours per day.

EE. Patient. A person who receives treatment, services, or care from a Home Health Agency licensed by the Department.

FF. Physician. A doctor of medicine, podiatrist, or doctor of osteopathic medicine licensed by the South Carolina Board of Medical Examiners.

GG. Physical Therapist. An individual currently licensed as such by the South Carolina Board of Physical Therapy.

HH. Physical Therapist Assistant. An individual who is currently licensed as such by the South Carolina Board of Physical Therapy.

II. Quality Improvement. The process used by the Home Health Agency to examine its methods and practices of providing care, identifying the opportunities to improve its performance, and taking actions that result in higher quality of care for the Home Health Agency's Patients.

JJ. Registered Nurse. An individual who is currently licensed as such by the South Carolina Board of Nursing.

KK. Representative. The Patient's legal representative, such as a guardian, who makes healthcare decisions on the Patient's behalf, or a Patient-selected representative who participates in making decisions related to the Patient's care or well-being, including but not limited to, a family member or an advocate for the Patient.

LL. Revocation of License. An action by the Department to cancel or annul a Home Health Agency license by recalling, withdrawing, or rescinding its authority to operate.

MM. Skilled Nursing. A service provided by a Registered Nurse that:

1. Is ordered by a Physician or other Authorized Healthcare Provider;

2. Requires the skills of technical or professional personnel such as Registered Nurses, Licensed Practical Nurses, Physical Therapists, Occupational Therapists, and speech pathologists or audiologists; and

3. Is furnished directly by, or under, the supervision of such personnel.

NN. Speech Therapist. An individual currently licensed as such by the South Carolina Board of Speech-Language Pathology and Audiology.

OO. Staff. Those individuals, including Direct Care Staff, who are employees of the Home Health Agency.

PP. Start of Care Date. The first visit where the Home Health Agency provides hands-on, direct care services, or treatments to the Patient.

QQ. Suspension of License. An action by the Department requiring a Licensee to cease operations for a period of time and/or requiring a Home Health Agency to cease admitting Patients, until such time as the Department rescinds that restriction.

RR. Therapeutic Services. Services provided by a licensed or supervised therapist within their scope of practice and as prescribed by a Physician or other Authorized Healthcare Provider, which can be safely provided in the home.

SS. Treatment Plan. A written plan that describes the Patient's condition and details the treatment to be provided, expected outcomes, and expected duration of the treatment prescribed by the Physician or other Authorized Healthcare Provider.

S.C. Code Regs. § 61-77.100.101

Added by State Register Volume 46, Issue No. 05, eff. 5/27/2022.