State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-136

§ 131E‑136. Definitions.

As used in this Part, unlessotherwise specified:

(1)        "Commission"means the North Carolina Medical Care Commission.

(1a)      "Geographicservice area" means the geographic area in which a licensed agencyprovides home care services.

(2)        "Home careagency" means a private or public organization that provides home careservices.

(2a)      "Home careagency director" means the person having administrative responsibility forthe operation of the licensed agency site.

(2b)      "Home careclient" means an individual who receives home care services.

(3)        "Home careservices" means any of the following services and directly related medicalsupplies and appliances, which are provided to an individual in a place oftemporary or permanent residence used as an individual's home:

a.         Nursing careprovided by or under the supervision of a registered nurse.

b.         Physical,occupational, or speech therapy, when provided to an individual who also isreceiving nursing services, or any other of these therapy services, in a placeof temporary or permanent residence used as the individual's home.

c.         Medical socialservices.

d.         In‑home aideservices that involve hands‑on care to an individual.

e.         Infusion nursingservices.

f.          Assistance withpulmonary care, pulmonary rehabilitation or ventilation.

g.         In‑homecompanion, sitter, and respite care services provided to an individual.

h.         Homemaker servicesprovided in combination with in‑home companion, sitter, respite, or otherhome care services.

Theterm does not include: health promotion, preventative health and communityhealth services provided by public health departments; maternal and childhealth services provided by public health departments, by employees of theDepartment of Health and Human Services under G.S. 130A‑124, or bydevelopmental evaluation centers under contract with the Department of Healthand Human Services to provide services under G.S. 130A‑124; hospitalslicensed under Article 5 of Chapter 131E of the General Statutes when providingfollow‑up care initiated to patients within six months after theirdischarge from the hospital; facilities and programs operated under theauthority of G.S. 122C and providing services within the scope of G.S. 122C;schools, when providing services pursuant to Article 9 of Chapter 115C; thepractice of midwifery by a person licensed under Article 10A of Chapter 90 ofthe General Statutes; hospices licensed under Article 10 of Chapter 131E of theGeneral Statutes when providing care to a hospice patient; an individual whoengages solely in providing his own services to other individuals; incidentalhealth care provided by an employee of a physician licensed to practicemedicine in North Carolina in the normal course of the physician's practice; ornursing registries if the registry discloses to a client or the client'sresponsible party, before providing any services, that (i) it is not a licensedhome care agency, and (ii) it does not make any representations or guaranteesconcerning the training, supervision, or competence of the personnel provided.The term sitter does not include child care facilities licensed in accordancewith Chapter 110 of the General Statutes. The term respite care does notinclude facilities or services licensed in accordance with Chapter 122C of theGeneral Statutes. The terms in‑home companion, sitter, homemaker, andrespite care services do not include (i) services certified or otherwiseoverseen by the Department as not providing personal care or (ii) servicesadministered on a voluntary basis for which there is not reimbursement from therecipient or anyone acting on the recipient's behalf.

(4)        "Home healthagency" means a home care agency which is certified to receive Medicareand Medicaid reimbursement for providing nursing care, therapy, medical socialservices, and home health aide services on a part‑time, intermittentbasis as set out in G.S. 131E‑176(12), and is thereby also subject toArticle 9 of Chapter 131E.  (1971, c. 539, s. 1; 1983, c. 775, s. 1; 1983 (Reg.Sess., 1984), c. 1022, s. 4; 1987, c. 34, s. 1; 1991, c. 59, s. 1; c. 761, s.34; 1997‑443, s. 11A.90; 2005‑276, s. 10.40A(m); 2008‑127, s.1.)