Terms Used In Kansas Statutes 65-5112

  • Attendant care services: means basic and ancillary services provided under home and community based services waiver programs;

    (b) "council" means the home health services advisory council created by this act;

    (c) "home health agency" means a public or private agency or organization or a subdivision or subunit of such agency or organization that provides for a fee one or more home health services, supportive care services or attendant care services provided under home and community based services waiver programs at the residence of a patient but does not include local health departments which are not federally certified home health agencies, durable medical equipment companies which provide home health services by use of specialized equipment, independent living agencies, the Kansas department for aging and disability services and the department of health and environment;

    (d) "home health services" means any of the following services provided at the current residence of the patient on a full-time, part-time or intermittent basis: Nursing, physical therapy, speech therapy, nutritional or dietetic consulting, occupational therapy, respiratory therapy, home health aide or medical social service;

    (e) "home health aide" means an employee of a home health agency who is a certified nurse aide, is in good standing on the public nurse aide registry maintained by the Kansas department for aging and disability services and has completed a 20-hour home health aide course approved by the Kansas department for aging and disability services who assists, under registered nurse supervision, in the provision of home health services and who provides assigned health care to patients but shall not include employees of a home health agency providing only supportive care services or attendant care services;

    (f) "independent living agency" means a public or private agency or organization or a subunit of such agency or organization whose primary function is to provide at least four independent living services, including independent living skills training, advocacy, peer counseling and information and referral as defined by the rehabilitation act of 1973, title VII, part B, and such agency shall be recognized by the secretary for aging and disability services as an independent living agency. See Kansas Statutes 65-5101

The provisions of this act shall not apply to:

(a) Individuals who personally provide one or more home health or attendant care services if such persons are not under the direct control and doing work for or employed by any business entity, except as provided in subsection (f);

(b) any person or organization conducting a home health agency by and for the adherents of any recognized church or religious denomination or sect for the purpose of providing services for the care or treatment of the sick or infirm who depend upon prayer or spiritual means for healing in the practice of the religion of such church, religious denomination or sect;

(c) a hospice which is certified to participate in the medicare program under 42 code of federal regulations, chapter IV, section 418.1 et seq., and amendments thereto, and which provides services only to hospice patients;

(d) a program for all-inclusive care for the elderly (PACE) which is certified to participate in the medicare or medicaid program under 42 code of federal regulations, chapter IV, subchapter E, section 460.2 et seq., and amendments thereto, and which provides services only to PACE participants;

(e) an outpatient physical therapy agency that is certified to participate in the medicare program and that provides services only to outpatient physical therapy patients; or

(f) individuals who personally provide one or more home health or attendant care services if such individuals are employed in accordance with Kan. Stat. Ann. § 39-7,100(b)(2) and 65-1124(l), and amendments thereto.