Section 403.2 - Definitions

Section 403.2 Definitions.

For purposes of this Part, the following terms shall have the following meanings:

(a) “Advanced home health aide” is a certified home health aide who has satisfied all requirements to perform advanced tasks set forth in subdivision two of section 6908 of the Education Law and regulations issued by the state education department thereunder and who is currently listed in the home care services worker registry maintained by the department pursuant to subdivision nine of section 3613 of the Public Health Law as having satisfied all applicable requirements for performing advanced tasks as an advanced home health aide.  An advanced home health aide shall have successfully completed a training program for advanced home health aides that is approved by the department or the state education department.

(b) "Commissioner" means the Commissioner of Health of the State of New York.

(c) "Department" means the New York State Department of Health.

(d) "Home care services entity" or "entity" means:

(i) a home care services agency or other entity providing home care services subject to Article 36 of the Public Health Law or exempt under section 3619 of such law;

(ii) for purposes of compliance with the home care worker registry, an enhanced assisted living residence licensed under Article 7 of the Social Services Law and certified under Article 46-B of the Public Health Law and providing enhanced assisted living services; and

(iii) for purposes of compliance with the home care worker registry, a hospice program certified under Article 40 of the Public Health Law and providing hospice care.

(e) "Home care services worker" or "worker" means any person engaged in or applying to become engaged in providing home health aide services, as defined in Public Health Law section 3602(4); personal care aide services, as defined in Public Health Law section 3602(5); or advanced home health aide services, as defined in subdivision (a) of this section.

(f) "Home care services worker registry" or "registry" means the home care services worker registry established by Public Health Law section 3613.

(g) "Home care services worker trainee" or "trainee" means an individual who has applied for and been accepted into a state approved education or training program.

(h) "State approved education or training program" or "program" means a program that provides education or training for persons to meet any requirement established by the Department for providing home health aide services or personal care services, or advanced home health aide services, which program is approved by the Department or the New York State Education Department.

(i) "Successfully completed" or "successful completion" means, in connection with home health aide training, compliance with 10 NYCRR 700.2(b)(9); in connection with personal care aide training, it means compliance with 10 NYCRR section 700.2(b)(14); in connection with advanced home health aide training, it means compliance with 10 NYCRR section 700.2(b)(54).

(j) "Senior official" means an individual with responsibility for oversight of a training program and who is authorized to execute a legally binding instrument on behalf of the operator of the program. The senior official may be the operator if the operator is a natural person.

Effective Date: 
Wednesday, December 12, 2018
Doc Status: 
Complete