990

LAWS OF MARYLAND-

Ch. 21

combines, without substantive change, former
Article 43, § 878(b) and (e).

The former phrase "but is not limited to" is
deleted as unnecessary in light of the use of the
defined term "includes".

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that the law is unclear as to whether a home
health agency must provide all of the services
listed as home health care.

Similarly, the law is unclear as to whether an
entity that provides only some forms of home
health care is required to be licensed. The
rules and regulations of the Department require a
home health agency to provide "skilled nursing
services" and "home health aide services", as
defined in those rules and regulations, and at
least 1 additional service.

Defined terms: "Includes"/"including" § 1-101
"Physician" § 1-101

REVISOR'S NOTE TO SECTION: Former Article 43, § 878(c),
which defined "Department", is deleted as
unnecessary in light of the definition of that
term in § 1-101 of this article.

Former Article 43, § 878(f), which defined
"patient", also is deleted since, as actually
used in former Article 43, §§ 878 through 883,
the term did not differ from the usual meaning of
"patient" and, therefore, the definition did not
add meaning to the provisions where "patient"
appeared. However, the Commission to Revise the
Annotated Code notes, for consideration by the
General Assembly, the substitution of the word
"individual" for "patient" in § 19-408(b) of this
subtitle. If the reference to provision of
services, "on a part-time or intermittent basis",
which formerly appeared in the definition of
"patient", was intended to limit the scope of
this prohibition, clarifying legislation may be
appropriate.

19-402. STATEMENT OF PURPOSE.

THE PURPOSE OF HOME HEALTH CARE IS:

(1)  TO AVOID INSTITUTIONALIZATION;

(2)  TO SHORTEN HOSPITAL STAYS;