Current through Register Vol. 43,
No. 12, March 20, 2024
(a) Governing body. Each home health agency
shall have a governing body having legal authority to operate the home health
agency. The governing body shall meet the following requirements:
(1) Have bylaws or an operating agreement,
which shall be renewed annually;
(2) employ a qualified administrator and
alternate administrator;
(3) adopt,
revise, and approve policies and procedures for the operation and
administration of the home health agency as needed;
(4) provide the name and address of each
officer, director, and owner of the home health agency to the
department;
(5) disclose each
corporate ownership interest of five percent or more to the department;
and
(6) disclose past home health
agency ownership or management, including the name of the home health agency,
its location, and current status, to the department.
(b) Administrator.
(1) Each administrator shall have at least
the following responsibilities:
(A) Organize
and direct the home health agency's ongoing functions;
(B) act as a liaison between the governing
body and staff;
(C) employ
qualified personnel in accordance with job descriptions;
(D) provide written personnel policies and
procedures and job descriptions that are made available to all
employees;
(E) maintain appropriate
personnel records, administrative records, and all policies and procedures of
the home health agency;
(F) provide
orientation for new staff, regularly scheduled in-service education programs,
and opportunities for continuing education of the staff;
(G) ensure the completion, maintenance, and
submission of reports and records as required by the department; and
(H) ensure that each patient or client
admitted to the home health agency receives, in writing, the patients' and
clients' bill of rights specified in K.A.R. 28-51-111.
(2) The administrator shall reside within the
service area.
(3) For each home
health agency that provides home health services or HCBS, the administrator
shall meet the following requirements:
(A) Be
at least 21 years of age;
(B) have
a baccalaureate degree; and
(C)
meet one of the following requirements:
(i)
Have at least one year of experience as an administrator;
(ii) be a physician;
(iii) be a registered nurse; or
(iv) be a qualified health professional,
other than a physician or a registered nurse, currently licensed in Kansas who
has at least two years of experience in direct health care delivery and at
least one year of supervisory experience in health care.
(4) For each home health agency
providing only supportive care services, the administrator shall meet the
following requirements:
(A) Be at least 21
years of age;
(B) have at least one
year of experience as an employee of a home health agency or in a related
health care service; and
(C) have
one of the following:
(i) A baccalaureate
degree;
(ii) an associate's degree;
or
(iii) a certificate from a home
health administrator course approved by the department.
(c) Alternate
administrator. The alternate administrator shall meet all the requirements of
an administrator. An alternate administrator shall be available at any time the
administrator is not available and be responsible for all duties of the
administrator in the administrator's absence.
(d) Personnel records. Current personnel
records shall be maintained for each employee. The personnel records for each
employee shall include the following:
(1) The
title of the employee's position;
(2) a signed and dated job description that
includes the qualifications for the position;
(3) evidence of licensure or certification if
required. Each degree shall be supported by official transcripts. Licensure or
certification within Kansas or authorization to practice in Kansas for any
qualified health professional, certified nurse aide, home health aide, licensed
practical nurse, occupational therapy assistant, or physical therapy assistant
shall be provided upon request;
(4)
performance evaluations made within six months of employment and annually
thereafter;
(5) documentation of
reference checks for each employee before employment;
(6) a health record, including the following:
(A) A self-reported health history;
(B) a current health assessment performed by
a physician, nurse practitioner, clinical nurse specialist, physician
assistant, or registered nurse certifying that the employee is physically able
to perform job functions as listed in the employee's job description before
working with clients or patients; and
(C) a current two-step tuberculosis skin test
following the U.S. centers for disease control and prevention testing
guidelines for healthcare workers taken before working with clients or
patients;
(7) a
subsequent periodic health assessment performed by a physician, nurse
practitioner, clinical nurse specialist, physician assistant, or registered
nurse in accordance with home health agency policies and procedures and a
subsequent health assessment at least every two years or following a
significant health event;
(8) a
copy of the eligibility determination request submitted to the department for
aging and disability services regarding adult and juvenile convictions and
adjudications pursuant to
K.S.A.
65-5117, and amendments thereto;
and
(9) results of the state and
national criminal history record check pursuant to
K.S.A.
65-5117, and amendments thereto, and the
findings of any state or national registry, as defined in regulations adopted
by the secretary of the department for aging and disability
services.
(e) Provisional
employment. Any home health agency may hire an applicant for provisional
employment on a one-time basis for 60 calendar days pending the results from
the department for aging and disability services regarding adult and juvenile
convictions and adjudications. Each applicant provisionally hired by a home
health agency shall be supervised by an employee who has completed all training
required by federal regulations, department regulations, and the home health
agency's policies and procedures.
(f) Personnel under hourly or per visit
contracts. There shall be a written contract between the home health agency and
personnel any individuals or businesses who contract with the home health
agency under hourly or per visit arrangements. The contract shall include the
following provisions:
(1) A statement that
patients or clients will be provided home health services, HCBS, and supportive
care services by the home health agency;
(2) a description of the home health
services, HCBS, and supportive care services to be provided by each individual
or business;
(3) a statement that
each individual or business shall conform to all applicable agency policies and
procedures, including those related to qualifications;
(4) a statement that each individual or
business shall be responsible for participating in the development of plans of
care;
(5) a description of the
manner in which home health services, HCBS, and supportive care services
provided by each individual or business shall be controlled, coordinated, and
evaluated by the home health agency;
(6) the procedures for submitting progress
notes, scheduling patient care, and conducting periodic patient evaluations;
and
(7) the procedures for
determining charges and reimbursement to each individual or business.
(g) Abuse, neglect, or
exploitation. Each home health agency shall meet the following requirements:
(1) Provide in-service training recognizing
the signs and symptoms of abuse, neglect, or exploitation to home health agency
employees and contracted personnel at the time of hire or contract and annually
thereafter and document all training provided in each personnel file;
(2) develop written policies and procedures
that include the reporting process for reporting abuse, neglect, and
exploitation; and
(3) immediately
report if there is reasonable cause to believe that a patient or client is
being or has been abused, neglected, or exploited or is in need of protective
services in accordance with home health agency policies and procedures pursuant
to K.S.A.
39-1431, and amendments
thereto.