The following words and phrases, when used in this title, shall be construed as follows:
includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing of any sign or marking on or in any building or structure, or in any newspaper, magazine, or by airwave or any electronic transmission, or in any directory under a listing as a caregiver providing in home services or a caregiver referral agency covered by this chapter.
means an individual, 18 years of age or older, who is employed by a home care organization to provide home care services or in-home services to a client.
means any person that provides personal and/or home care services and/or in-home services for profit, compensation or any form of consideration for an elder and/or dependent adult.
means the person(s) designated by resolution of the City Council to be responsible for verifying home care aide registration and overseeing the limited permit program on behalf of the City.
means an individual, eighteen years or older, partnership, corporation, limited liability company, joint venture, association or other entity that offers and/or arranges caregivers for referral into the unlicensed homes of elders and/or dependent adults for the purpose of providing personal and/or domestic service and/or in-home services to the elder and/or dependent adult for compensation or any form of consideration.
means an individual who receives home care services or in-home services from a registered home care aide or a limited caregiver permit holder.
shall mean the County of Napa, California.
has the same meaning as used in Penal Code Section 368 (any person between the ages of 18 and 64, who has physical or mental limitations which restrict their ability to carry out normal activities or to protect their rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age. "Dependent Adult" includes any person between the ages of 18 and 64 who is admitted as an inpatient to a 24-hour health facility).
has the same meaning as used in Penal Code Section 368 (any person who is 65 years of age or older).
means any type of compensation or consideration, whether in the form of current or future benefit, provided by the elder or dependent adult to the caregiver for the caregiver's services.
means nonmedical services and assistance provided by a home care aide to a client who, because of advanced age or physical or mental disability, cannot perform these services. These services enable the client to remain in their residence and include, but are not limited to, assistance with the following: bathing, dressing, feeding, exercising, personal hygiene and grooming, transferring, ambulating, positioning, toileting and incontinence care, assisting with medication that the client self-administers, housekeeping, meal planning and preparation, laundry, transportation, correspondence, making telephone calls, shopping for personal care items or groceries, and companionship.
means an individual, 18 years of age or older, who is not employed by a home care organization (as defined in Home Care Services Consumer Protection Act), but who is listed on the home care aide registry and is providing home care services or in-home services through a direct agreement with a client.
means the California Department of Social Services Home Care Aide Registry.
means an individual, 18 years of age or older, firm, partnership, corporation, limited liability company, joint venture, association, or other entity that arranges for home care services or in-home services by an association, or other entity that arranges for home care services or in-home services by an affiliated home care aide to a client and is licensed pursuant to the Health and Safety Code.
means a permit to work for profit as a caregiver for a single elder and/or dependent adult only (rather than for multiple clients) when a care provider has been found ineligible for the Home Care Registry Aide.
includes the following services for elders and/or dependent adults: domestic services performed on a regular basis more than one day a week such as housework, meal preparation, meal clean-up, laundry, grocery and other essential shopping, other errands, heavy house or yard cleaning; and/or personal services performed on a regular basis such as bathing, oral hygiene, grooming, dressing, feeding, assistance with ambulation and/or transfers, care and assistance with medical apparatus, taking an elder and/or dependent adult to and from medical appointments, or any other similar acts.
means a caregiver or home care aide whose registration status on the Home Care Aide Registry search page is "registered" pursuant to the Home Care Services Consumer Protection Act, Article III, Section 90-071(a)(2).
consists of any one or more of the following: (1) the use, by one in whom a confidence is reposed by another, or who holds a real or apparent authority over that other, of such confidence or authority, for the purpose of obtaining an unfair advantage over the other; or, (2) taking an unfair advantage of another's weakness of mind; or, (3) taking a grossly oppressive or unfair advantage of another's necessities or distress. Whether from weakness on one side, or strength on the other, or a combination of the two, undue influence occurs whenever there results that kind of supremacy of one mind over another by which that other is prevented from acting according to their own wish or judgment, and whereby the will of the other is overborne and he/she is induced to do an act that, if left to act freely, he/she would not do.
(O2020-005, 4/21/20)