349-16. Definitions
Unless the context clearly requires a different meaning, when used in this part:
"Activities of daily living" means
the following activities that individuals perform as a part of daily living:
eating, dressing, bathing, toileting, transferring in and out of a bed or
chair, and walking.
"Adult day care" means personal care
for dependent elders in a supervised, protective, and congregate setting during
some portion of a day. Services offered in conjunction with adult day care
include social and recreational activities, training, and counseling.
"Aging and
disability resource centers" means an entity established by the State as
part of the state system of long-term care, serving as a highly visible and
trusted source where people of all incomes and ages can obtain information on
the full range of long-term support options, and as a single point of entry for
access to public long-term support programs
and benefits.
"Area agency on aging" means an
agency designated by the executive office on aging to develop and administer
the area plan for a comprehensive and coordinated system of aging services.
"Assisted transportation" means
assistance and transportation, including escort, for a person who has cognitive
or physical difficulties using regular vehicular transportation.
"Attendant
care" means standby assistance, supervision, or cues, including verbal
prompts for medication, bathing, eating, grooming, and dressing, and may also
include other activities to help maintain the independence of an individual at
home. "Attendant care" does not include physical contact in support,
including weight-bearing assistance with transfers, washing, bathing, and
dressing.
"Care coordination" means a
person-centered, assessment-based, interdisciplinary approach to integrating
health care and social support services that are tailored to an individual's
needs and goals across all care services.
"Caregiver"
means a spouse, adult child, other relative, partner, or friend who has a
personal relationship with and provides a broad range of unpaid assistance for
an older adult having a chronic or disabling condition.
"Caregiver support services" means services that offer education, skills, knowledge, or
mental, emotional, or social support to caregivers or employed caregivers.
"Care
recipient" means an individual who:
(1) Is a citizen of the United States or a qualified
alien; provided that for the purposes of this paragraph, "qualified
alien" means a lawfully admitted permanent resident under the Immigration
and Nationality Act;
(2) Is sixty years of age or older;
(3) Is not covered by any comparable government or
private home- and community-based care service, except or excluding kupuna care
services;
(4) Does not reside in a long-term care facility,
such as an intermediate care facility, assisted living facility, skilled
nursing facility, hospital, adult foster home, community care foster family
home, adult residential care home, expanded adult residential care home, or
developmental disabilities domiciliary home; and
(5) Has impairments of at least:
(A) Two activities of daily living;
(B) Two instrumental activities of daily
living;
(C) One activity of daily living and one
instrumental activity of daily living; or
(D) Substantive cognitive impairment
requiring substantial supervision because the individual behaves in a manner
that poses a serious health or safety hazard to the individual or another
person.
"Case
management" means assistance either in the form of access or care
coordination in circumstances where an individual is experiencing diminished
functioning capacities, personal conditions, or other characteristics that
require the provision of services by formal service providers, caregivers, or
employed caregivers. Activities of case management may include assessing
needs, developing care plans, authorizing and coordinating services among
providers, and providing follow-up and reassessment, as required.
"Chore" means assistance such as
heavy housework, yard work, or sidewalk maintenance for a person.
"Employed
caregiver" means an individual who:
(1) Provides care for a
care recipient; and
(2) Is employed at least
twenty hours per week by one or more employers or is self-employed.
"Financial
management service provider" means an agency under contract with
the executive office on aging to act as the fiscal and employer agent on behalf
of a care recipient to manage employer-related functions, process payment to
employees and vendors, and monitor the care recipient's allocation of funds.
"Home-delivered meals" means a meal
provided to a care recipient in the care recipient's place of residence;
provided that the meal is served in a program administered by the executive
office on aging or an area agency on aging and meets all of the requirements of
the Older Americans Act of 1965, as amended, and all state and local laws.
"Homemaker"
means a person who provides assistance with preparing meals, shopping for
personal items, managing money, using the
telephone, or performing light housework.
"Instrumental activities of daily
living" means the following instrumental activities that individuals
perform as a part of daily living: preparing meals, shopping for personal
items, medication management, managing money, using the telephone, performing
light housework, performing heavy housework, and making use of available
transportation.
"Kupuna care services" means services for the
care recipient, caregiver, or employed caregiver, including:
(1) Adult day care;
(2) Attendant care;
(3) Assisted transportation;
(4) Caregiver support services;
(5) Case management;
(6) Care coordination;
(7) Chore;
(8) Homemaker;
(9) Home-delivered meals;
(10) Personal care;
(11) Transportation; or
(12) Respite care.
"Personal care" means personal
assistance, standby assistance, supervision, or cues.
"Person-centered
planning" means a process intended to identify the strengths, capacities,
preferences, needs, and desired outcomes of the care recipient, caregiver, or
employed caregiver.
"Person-centered
support plan" or "support plan" means a plan developed by a care
recipient, caregiver, or employed caregiver that allows the care recipient,
caregiver, or employed caregiver to establish the goals, skills, and knowledge
necessary to work toward the desired outcomes and lays out practical steps
toward the achievement of the goals; provided that family members and friends
may provide assistance in developing a care recipient's plan if the care
recipient chooses to include them.
"Respite care" means services that
offer temporary, substitute supports, or living arrangements for care
recipients to provide a brief period of rest to caregivers or employed
caregivers. "Respite care" includes:
(1) In-home respite (personal care, homemaker, and
other in-home respite);
(2) Respite provided by attendance of the care
recipient at a nonresidential program;
(3) Institutional respite provided by placing the
care recipient in an institutional setting such as a nursing home for a short
period of time as a respite service to the caregiver or employed caregiver; and
(4) Any combination of services to assist the
caregiver or employed caregiver as deemed appropriate by the area agency on
aging.
"Service provider" means an entity
that has all required licenses or certificates, and is registered as a business
entity in the State.
"Transportation" means transportation
from one location to another with a vehicle and does not include any other activity.
[L 2017, c 102, pt of §2; am L 2022, c 160, §2; am L 2023, c 18, §2]
