26B-2-238. Definitions for Sections 26B-2-238 through 26B-2-241. As used in this section and Sections 26B-2-239, 26B-2-240, and 26B-2-241:
(1)
“Clearance” means approval by the department under Section 26B-2-239 for an individual to have direct patient access.
Terms Used In Utah Code 26B-2-238
Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
Assisted living facility: means :
(i)
a type I assisted living facility, which is a residential facility that provides assistance with activities of daily living and social care to two or more residents who:
(A)
require protected living arrangements; and
(B)
are capable of achieving mobility sufficient to exit the facility without the assistance of another person; and
(ii)
a type II assisted living facility, which is a residential facility with a home-like setting that provides an array of coordinated supportive personal and health care services available 24 hours per day to residents who have been assessed under department rule to need any of these services. See Utah Code 26B-2-201
Contract: A legal written agreement that becomes binding when signed.
End stage renal disease facility: means a facility which furnishes staff-assisted kidney dialysis services, self-dialysis services, or home-dialysis services on an outpatient basis. See Utah Code 26B-2-201
Health care facility: means general acute hospitals, specialty hospitals, home health agencies, hospices, nursing care facilities, residential-assisted living facilities, birthing centers, ambulatory surgical facilities, small health care facilities, abortion clinics, a clinic that meets the definition of hospital under Section 76-7-301 or 76-71-201, facilities owned or operated by health maintenance organizations, end stage renal disease facilities, and any other health care facility which the committee designates by rule. See Utah Code 26B-2-201
Home health agency: means an agency, organization, or facility or a subdivision of an agency, organization, or facility which employs two or more direct care staff persons who provide licensed nursing services, therapeutic services of physical therapy, speech therapy, occupational therapy, medical social services, or home health aide services on a visiting basis. See Utah Code 26B-2-201
Hospice: means a program of care for the terminally ill and their families which occurs in a home or in a health care facility and which provides medical, palliative, psychological, spiritual, and supportive care and treatment. See Utah Code 26B-2-201
Nursing care facility: means a health care facility, other than a general acute or specialty hospital, constructed, licensed, and operated to provide patient living accommodations, 24-hour staff availability, and at least two of the following patient services:
(a)
a selection of patient care services, under the direction and supervision of a registered nurse, ranging from continuous medical, skilled nursing, psychological, or other professional therapies to intermittent health-related or paraprofessional personal care services;
(b)
a structured, supportive social living environment based on a professionally designed and supervised treatment plan, oriented to the individual's habilitation or rehabilitation needs; or
(c)
a supervised living environment that provides support, training, or assistance with individual activities of daily living. See Utah Code 26B-2-201
Person: means any individual, firm, partnership, corporation, company, association, or joint stock association, and the legal successor thereof. See Utah Code 26B-2-201
Resident: means a person 21 years old or older who:
(a)
as a result of physical or mental limitations or age requires or requests services provided in an assisted living facility; and
(b)
does not require intensive medical or nursing services as provided in a hospital or nursing care facility. See Utah Code 26B-2-201
Small health care facility: means a four to 16 bed facility that provides licensed health care programs and services to residents. See Utah Code 26B-2-201
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
“Covered body” means a covered provider, covered contractor, or covered employer.
(3)
“Covered contractor” means a person that supplies covered individuals, by contract, to a covered employer or covered provider.
(4)
“Covered employer” means an individual who:
(a)
engages a covered individual to provide services in a private residence to:
(i)
an aged individual, as defined by department rule; or
(ii)
a disabled individual, as defined by department rule;
(b)
is not a covered provider; and
(c)
is not a licensed health care facility within the state.
(5)
“Covered individual”:
(a)
means an individual:
(i)
whom a covered body engages; and
(ii)
who may have direct patient access;
(b)
includes:
(i)
a nursing assistant, as defined by department rule;
(ii)
a personal care aide, as defined by department rule;
a provider of medical, therapeutic, or social services, including a provider of laboratory and radiology services;
(v)
an executive;
(vi)
administrative staff, including a manager or other administrator;
(vii)
dietary and food service staff;
(viii)
housekeeping and maintenance staff; and
(ix)
any other individual, as defined by department rule, who has direct patient access; and
(c)
does not include a student, as defined by department rule, directly supervised by a member of the staff of the covered body or the student’s instructor.
(6)
“Covered provider” means:
(a)
an end stage renal disease facility;
(b)
a long-term care hospital;
(c)
a nursing care facility;
(d)
a small health care facility;
(e)
an assisted living facility;
(f)
a hospice;
(g)
a home health agency; or
(h)
a personal care agency.
(7)
“Direct patient access” means for an individual to be in a position where the individual could, in relation to a patient or resident of the covered body who engages the individual:
(a)
cause physical or mental harm;
(b)
commit theft; or
(c)
view medical or financial records.
(8)
“Engage” means to obtain one’s services:
(a)
by employment;
(b)
by contract;
(c)
as a volunteer; or
(d)
by other arrangement.
(9)
“Long-term care hospital”:
(a)
means a hospital that is certified to provide long-term care services under the provisions of 42 U.S.C. § 1395tt; and
(b)
does not include a critical access hospital, designated under 42 U.S.C. § 1395i-4(c)(2).
(10)
“Patient” means an individual who receives health care services from one of the following covered providers:
(a)
an end stage renal disease facility;
(b)
a long-term care hospital;
(c)
a hospice;
(d)
a home health agency; or
(e)
a personal care agency.
(11)
“Personal care agency” means a health care facility defined by department rule.
(12)
“Resident” means an individual who receives health care services from one of the following covered providers:
(a)
a nursing care facility;
(b)
a small health care facility;
(c)
an assisted living facility; or
(d)
a hospice that provides living quarters as part of its services.
(13)
“Residential setting” means a place provided by a covered provider:
(a)
for residents to live as part of the services provided by the covered provider; and
(b)
where an individual who is not a resident also lives.
(14)
“Volunteer” means an individual, as defined by department rule, who provides services without pay or other compensation.
Renumbered and Amended by Chapter 305, 2023 General Session
