651 CMR 3.02
Definitions
When used in 651 CMR 3.00, unless the context otherwise requires, the following terms shall
have the following meanings:
Abuse. Consistent with 651 CMR 5.00: Elder Abuse Reporting and Protective Services
Program, an act or omission, including emotional abuse, financial exploitation, neglect, physical
abuse, sexual abuse, and/or self-neglect.
Activities of Daily Living (ADLs). Tasks, including the ability to bathe, dress/undress, eat,
toilet, transfer in and out of bed or chair, move while in bed, and ambulate inside the home, and
management of incontinence which are used to measure the Functional Impairment Level (FIL)
of an Applicant or Consumer.
Applicant. An individual who has applied for Home Care Program services.
ASAPs. Aging Services Access Points as authorized in M.G.L. c. 19A, § 4B and defined in
651 CMR 14.01: Purpose and Scope.
Assisted Living Residence.
An entity certified by Elder Affairs under 651 CMR
12.00: Certification Procedures and Standards for Assisted Living Residences which provides
room, board, and personal care services to residents.
Caregiver. A person, regardless of place of residence, who is 18 years of age or older and
provides assistance with Activities of Daily Living and/or Instrumental Activities of Daily
Living, supervision, or social and emotional support as required by a Consumer on a daily basis
without pay.
Comprehensive Service Plan. A person centered plan of care that delineates all services and
funding sources to be provided to a Consumer that is developed by an ASAP using EOEA
guidelines in conjunction with the Consumer and/or the Consumer's Designated Representative.
Congregate Housing. A joint program between Elder Affairs and the Department of Housing
and Community Development that offers a shared living environment and integrates housing and
support services.
Consumer. An adult who is enrolled in a Home Care program.
Consumer Record. An aggregate file of all documentation associated with a Consumer
maintained by an ASAP in compliance with Documentation Standards. Documents requiring
signature or that are otherwise unable to be recorded electronically shall be stored in a hard copy
file for each Consumer.
(MA REG. # 1330, Dated 1-13-17)
Copayment. A monthly dollar amount billed to a Consumer for Home Care Program Services
based on the Consumer's income.
Designated Representative. A person who is either:
(a) affirmatively identified and designated by the Consumer to share personal health
information and provide assistance in making decisions related to the provision of Home
Care Services, provided that the Consumer is competent; or
(b) a person serving as a durable power of attorney or as a guardian appointed by a court on
behalf of a Consumer, regardless of the Consumer's competency.
Division of Medical Assistance (DMA). A government agency within the Executive Office of
Health and Human Services that is responsible for the administration of the Title XIX (Medicaid)
Program known as MassHealth.
Documentation Standards. Standards issued by Elder Affairs regarding the procedures for
gathering and maintaining Consumer information.
Elder Affairs. The Executive Office of Elder Affairs.
Family. An Applicant or Consumer and his or her spouse.
Frail Elder Home and Community Based Waiver. A waiver of federal requirements granted to
the Commonwealth, by the U.S. Department of Health and Human Services under 42 U.S.C.
§ 1396n(d), that allows DMA to pay for home and community-based services for MassHealth
members who meet MassHealth criteria for Nursing Facility services but continue to reside in
the community and agree to receive a waiver service.
Functional Impairment Level (FIL). The degree of functional impairment experienced by an
Applicant or Consumer as evidenced by an inability to complete Activities of Daily Living and
Instrumental Activities of Daily Living.
Home Care Program Services. Services provided to a Consumer, including but not limited to
the following:
(a) Adult Day Health (ADH). Health care and supervision, restorative services, and
socialization for elders who require skilled nursing or therapy, or assistance with Activities
of Daily Living, nutrition, and personal care;
(b) Alzheimer's Day Program. Specialized day program services provided to address the
needs of people with Alzheimer's Disease or related disorders;
(c) Alzheimer's/Dementia Coaching. Education and support to Consumers and their
families who are experiencing the effects of Alzheimer's Disease or a dementia-related
disorder;
(d) Chore. Services to maintain the home in a clean, sanitary and safe manner, including
but not limited to minor home repairs, general maintenance, and heavy household chores
such as washing floors, windows, and walls, and moving heavy items of furniture to provide
safe access and egress;
(e) Companion. Non-medical services identified in the Comprehensive Service Plan, such
as socialization, meal preparation, laundry, shopping, escort to appointments and light
housekeeping tasks that are incidental to the care and supervision of the Consumer;
(f) Emergency Shelter. Temporary shelter not to exceed 14 calendar days in a six month
period provided to an elder (and his or her household) who is without a home due to eviction,
fire, flood, other natural disaster, Abuse, neglect, substance use disorder, economic
incapacity, or unsafe/substandard housing conditions, including lack of fuel and/or utilities;
(g) Environmental Accessibility Adaptations. Physical adaptations to the private residence
of the Consumer and/or adaptive equipment as required by the Consumer's Comprehensive
Service Plan;
(h) Grocery Shopping/Delivery Services. Ordering groceries, shopping for groceries,
delivering groceries, and assisting with storage of groceries as needed;
(i) Home Based Wandering Response System. A device that transmits signals 24 hours per
day/seven days per week using technology such as GPS or radio frequency to provide
location assistance in the event the Consumer wanders;
(j) Home-delivered Meals. Meals provided to Consumers to maintain optimal nutrition and
health status;
(k) Home Delivery of Pre-packaged Medications. Delivery of medications, including but
not limited to pre-filled blister packs and pre-filled syringes by a pharmacy to a Consumer's
residence;
(l) Home Health Services. Services defined in 130 CMR 403.000: Home Health Agency
which include Skilled Nursing; Physical, Occupational, and Speech Therapy; and Home
Health Aide;
(m) Homemaker Services. Services to assist a client with Instrumental Activities of Daily
Living provided in accordance with homemaker standards issued by Elder Affairs.
(n) Laundry. Pick up, washing, drying, folding, wrapping, and/or returning of laundry;
(o) Medication Dispensing System. Provision of an automated medication dispenser that
allows a Consumer to achieve adherence to medication requirements by receiving pill form
medications at appropriate intervals through audible and/or visual cueing;
(p) Nutritional Assessment. A comprehensive nutritional assessment conducted by a
qualified nutritionist;
(q) Personal Care. Hands-on assistance, prompting or cueing, and supervision to assist a
Consumer to perform Activities of Daily Living provided in accordance with the Personal
Care Guidelines issued by Elder Affairs;
(r) Personal Emergency Response System (PERS). Provision of an electronic device which
can be used to alert trained third-party staff of an emergency 24 hours per day/seven days per
week;
(s) Respite Care Services. The provision of one or more other Home Care Program
Services, additionally including but not limited to short term placements in Adult Foster
Care, Skilled Nursing Facilities, or Rest Homes, to temporarily relieve a Caregiver in
emergencies, or in planned circumstances, to relieve the Caregiver of the daily stresses and
demands of caring for a Consumer;
(t) Supportive Day Program. Services provided in a group setting, including assessments
and care planning, health-related services, social services, therapeutic activities, and
nutrition;
(u) Supportive Home Care Aide Services. Services that comply with the Supportive Home
Care Aid Standards issued by Elder Affairs, including personal care and/or homemaking,
emotional support, socialization, and escort services to Consumers with Alzheimer's Disease,
a dementia-related disorder, or emotional and/or behavioral problems;
(v)
Transitional Assistance. Non-recurring expenses associated with the transition of
individuals who are moving from an institutional or other provider-operated living
arrangement to a living arrangement in a private residence in which the person is directly
responsible for his or her own living expenses;
(w) Transportation. The provision of transportation to enable a Consumer to gain access
to community services, activities and resources;
(x) Vision Rehabilitation. A service intended to evaluate the needs of persons who are
visually impaired and instruct the visually impaired in the use of compensatory skills and
aids that will support safe, productive, and independent living; and,
(y) Wanderer Locator Service. Payment for registration in a national database established
to help track and locate those with dementia-related disorders who are at-risk of wandering
and becoming lost.
Home Care Service Plan. A plan of care that identifies all authorized Home Care Services.
Information and Referral Services. Activities related to the maintenance and dissemination of
current information regarding the services available to elders and individuals with disabilities.
Such activities include assessments of the type of assistance needed, referral to appropriate
services, and follow-up to determine whether the referrals accomplished the desired objectives.
Information and Referral services may be conducted by mail, by telephone, electronically, or in
person.
Instrumental Activities of Daily Living (IADLs). Basic tasks, including the ability to prepare
meals, do housework, do laundry, go shopping, manage medication, ambulate outside the home,
use transportation, manage money, and use the telephone, which are used to measure the
Functional Impairment Level (FIL) of an Applicant or Consumer.
Interdisciplinary Case Management. A person-centered approach to assessment, service
acquisition, reassessment, and monitoring of services provided to Consumers to help them live
independently and remain in the community. The approach includes working cooperatively,
coordinating Comprehensive Service Plans and maintaining ongoing communication with the
elder, family members, informal and formal supports, as necessary. Interdisciplinary Care
Management is provided by registered nurses and case managers working in consultation with
physicians, nurses and therapists from home health agencies, hospice providers, nutritionists,
housing managers, mental health professionals, and other home and health care professionals and
complies with the Interdisciplinary Case Management Standards issued by Elder Affairs.
Long Term Care (LTC) Assessment. The process to determine eligibility for Home Care
Program Services through the use of the comprehensive data set (CDS) assessment tool issued
by Elder Affairs and used by the ASAPs.
MassHealth. The Medical assistance program known as MassHealth administered by the
Executive Office of Health and Human Services pursuant to M.G.L. c. 118E and Title XIX of
the Social Security Act.
MassHealth Member. An individual who has been determined eligible to receive benefits under
MassHealth.
Medicaid. The federal designation for eligibility and benefits administered under MassHealth.
Medication Management. Services provided to a Consumer to help ensure adherence with
medication requirements, including cueing and providing access to medications.
Notice of Action. A procedural notification created in accordance with 801 CMR
1.00: Standard Adjudicatory Rules of Practice and Procedure and 651 CMR 1.00: Adjudicatory
Rules of Practice and Procedures.
Nursing Facility. A facility that is licensed to provide skilled nursing care to residents in
accordance with the requirements of 130 CMR 456.000: Long Term Care Services.
Peer Review. A process by which ASAPs convene in groups to review Consumer Records for
the purpose of providing feedback to one another regarding how cases were handled and ensure
more consistent operations among providers. The Peer Review process must be implemented
according to Peer Review Program Instructions issued by Elder Affairs.
Program Instruction. A document issued by Elder Affairs that sets forth required procedures and
protocols for the management of the Home Care Program.
Protective Services. Services provided by an Elder Protective Services Program in accordance
with M.G.L. c. 19A, §§ 14 through 26 and 651 CMR 5.00: Elder Abuse Reporting and
Protective Services Program, which are deemed necessary to prevent, eliminate or remedy the
effects of Abuse to an elder.
Provider. An entity which has entered into a contract with an ASAP to provide one or more
Home Care Program Services.
Service Priority. A method used to prioritize Applicants to the Home Care Program which is
based on an assessment of Critical Unmet Needs and Non-critical Unmet Needs.
Suspension. The temporary cessation of Home Care Program Services.
Termination. The permanent cessation of Home Care Program Services or Enrollment(s).
Unmet Need(s). The Applicant's or Consumer's identified care needs which are not being met
by other sources available to the Consumer or Applicant as determined by the Long Term Care
Assessment. Unmet Needs consist of two sub-categories:
(1) Non-critical Unmet Needs. Unmet Needs which include one or more of the following:
laundry, housework, shopping other than food shopping, transportation other than
transportation for medical treatment, socialization, and telephone use; or,
(2) Critical Unmet Needs. A Consumer's Unmet Needs which include one or more of the
following: any Activity of Daily Living (ADL), meal preparation, grocery shopping,
Medication Management, transportation for medical treatments, Respite Care Services, and
Home Health Services.
Voluntary Copayment. A copayment which may be contributed at the option of a Consumer.