California Code of Regulations
Title 22 - Social Security
Division 5 - Licensing and Certification of Health Facilities, Home Health Agencies, Clinics, and Referral Agencies
Chapter 6 - Home Health Agencies
Article 1 - Definitions
Section 74652 - Skilled Nursing Services Criteria for Licensure of Home Health Agencies

Universal Citation: 22 CA Code of Regs 74652

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) For purposes of licensure as a home health agency, "skilled nursing services" means services which are provided by and within the scope of practice of a registered nurse or licensed vocational nurse. Entities providing or arranging for the provision of skilled nursing services shall obtain a home health agency license.

(b) For purposes of licensure as a home health agency, "providing or arranging for the provision of skilled nursing services" means that an entity does either one or both of the following:

(1) Employs a registered nurse or licensed vocational nurse to utilize his or her skills to promote the medical benefit of the patient in a temporary or permanent place of residence.

(2) Obtains the services of a registered nurse or licensed vocational nurse who is not an employee in order to fulfill its contractual obligations to promote the medical benefit of the patient in the patient's temporary or permanent place of residence.

(c) For purposes of licensure as a home health agency, "providing or arranging for the provision of skilled nursing services" does not include:

(1) Any entity that utilizes qualified, licensed nursing personnel within their scope of practice to evaluate individuals only to determine their quality and/or level of care or nursing needs;

(2) Any entity that utilizes qualified, licensed nursing personnel within their scope of practice to facilitate access by referral to needed home care services (e.g., determining that an individual requires skilled nursing care, and referring the case to a licensed home health agency);

(3) Any entity that utilizes qualified, licensed nursing personnel within their scope of practice to provide only case management and/or supervision for personnel providing only personal care services (e.g., any business that only furnishes personal care or services that are not related to a patient's illness or injury).

1. New section filed 4-28-95 as an emergency; operative 4-28-95 (Register 95, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-28-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-14-95 as an emergency; operative 8-14-95 (Register 95, No. 33). A Certificate of Compliance must be transmitted to OAL by 12-12-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 12-12-95 as an emergency; operative 12-12-95 (Register 95, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-10-96 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 4-11-96 as an emergency; operative 4-11-96 (Register 96, No. 15). A Certificate of Compliance must be transmitted to OAL by 8-9-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 4-28-95 order transmitted to OAL 8-7-96 and disapproved 9-19-96 (Register 96, No. 38).
6. New section filed 9-19-96 as an emergency; operative 9-19-96 (Register 96, No. 38). A Certificate of Compliance must be transmitted to OAL by 1-17-97 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of HISTORY 6 (Register 97, No. 3).
8. New section refiled 1-16-97 as an emergency; operative 1-16-97 (Register 97, No. 3). A Certificate of Compliance must be transmitted to OAL by 5-16-97 or emergency language will be repealed by operation of law on the following day.
9. New section refiled 5-15-97 as an emergency; operative 5-15-97 (Register 97, No. 20). A Certificate of Compliance must be transmitted to OAL by 9-12-97 or emergency language will be repealed by operation of law on the following day.
10. Certificate of Compliance as to 5-15-97 order, including amendment of section heading, section and NOTE, transmitted to OAL 8-26-97 and filed 10-8-97 (Register 97, No. 41).

Note: Authority cited: Sections 1734 and 100275, Health and Safety Code. Reference: Sections 1727(b) and 1734, Health and Safety Code.

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