<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 10.07.10.02" title_num="10" subtitle_num="07" chapter_num="10" heading="Definitions.">
  <paragraph num="A.">
    <text>All terms used in these regulations shall have the same meaning as those used in the Act.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Administrator” means an individual who has had:</text>
      <paragraph num="(a)">
        <text>Formal education in health services or administration, as evidenced by being a:</text>
        <paragraph num="(i)">
          <text>Physician,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Registered nurse, or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>College graduate with a bachelor's or higher degree in a health-related field; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>At least 1 year of supervisory experience in:</text>
        <paragraph num="(i)">
          <text>Hospital management,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Home health management, or</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Public health program management.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>“Clinical note” means a dated and signed notation, with service designation by a member of the health team, of a contact with a patient.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Clinical record” means a written account of all services provided a patient within the authorities of the home health agency, as well as other pertinent information necessary to provide care.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Consumer” means a resident of the geographic area served who has demonstrated an interest in health care. The consumer representative may not personally, or through direct family ties, have any financial or active professional interest in the operation of the agency and shall be free of the existence of or appearance of conflict of interest.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Department” means the Maryland Department of Health.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Governing authority” means the individual, partnership, agency, group, or corporation designated to assume full legal responsibility for the policy determination, management, operation, and financial liability of the home health agency.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Home health agency” means a health-related institution, organization, or a part of an institution that:</text>
      <paragraph num="(a)">
        <text>Is owned or operated by one or more persons, whether or not for profit and whether as a public or private enterprise; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Directly or through a contractual arrangement, provides to a sick or disabled individual in the residence of that individual skilled nursing services, home health aid services, and at least one other home health care service, that are centrally administered.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Home health aide” means a nonlicensed person who:</text>
      <paragraph num="(a)">
        <text>Has:</text>
        <paragraph num="(i)">
          <text>At least 1 year of practical experience in a hospital, nursing home, home care program; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Satisfactorily completed the Maryland Red Cross Home Care Course or an equivalent program; and</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>Provides personal and health care services to an individual in the place of residence, under supervision of the appropriate health professional.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>“In-home service” means a program provided by a home health agency which makes available personal care, homemaker, chore, or respite services to disabled or elderly persons in the place of residence. The services are designed to enable these persons to remain in their own residence consistent with their desires, abilities, and safety.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Maintenance health care” means a program provided by a home health agency for patients who are medically stable or have attained a satisfactory level of rehabilitation. These patients require only periodic monitoring by a health care professional in order to maintain their health care status and do not require the renewal of physician orders at least every 60 days.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Parent agency” means the agency that develops and maintains administrative and professional control of the delivery of services either directly or through branch offices.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Physician” means a person who is currently authorized to practice medicine under Health Occupations Article, §1-101, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Professional advisory group” means a committee which includes:</text>
      <paragraph num="(a)">
        <text>One currently licensed physician;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>One registered nurse;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>One representative providing input from each allied discipline utilized by the agency; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>One consumer representative.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>“Progress note” means a dated written notation by a member of the health team summarizing facts about the care given and the patient's response during a given period of time.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Secretary” means the Secretary of Health.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Skilled care” means a service or services which can only be safely and effectively provided by a person licensed under Health Occupations Article, Annotated Code of Maryland, and exercising specialized knowledge, judgment, and skill.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>“Skilled nursing services” means services provided by or under the supervision of a registered nurse and in accordance with the plan of treatment.</text>
    </paragraph>
    <paragraph num="(18)">
      <text>“Utilization review” means a medical record review procedure designed to evaluate:</text>
      <paragraph num="(a)">
        <text>The appropriateness of admissions;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The efficiency and adequacy of provided services; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Length of stay and discharge practices.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>