§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]