Current through Register Vol. 35, No. 18, September 24, 2024
An agency or organization meeting the following criteria must
be licensed as a home health agency:
A. Provides at least one medically directed
service, such as, but not limited to:
(1)
skilled nursing;
(2) physical
therapy;
(3) occupational
therapy;
(4) inhalation
therapy;
(5) infusion
therapy;
(6) speech language
pathology;
(7) social
work;
(8) home health
aide;
(9) personal care
attendant;
(10)
homemaker.
B. A home
health agency must provide at least one of the above services, in its entirety,
directly through employees, but may provide other services under arrangements
with another agency or organization or provider.
C. A licensed home health agency may also
provide non-medically directed services.
D.
Home health agency excludes:
(1) independent or sole practitioners
providing in-home services under their respective professional practice
acts;
(2) medical suppliers who do
not provide services listed above;
(3) family, friends, volunteers and paid
individuals not under the direct control of a home health agency.
E.
Branch office:
Means a licensed location from which a home health agency provides services to
patient/clients. A home health agency may not apply for a license to open a
branch office unless the parent agency has been in operation for at least one
year, had an annual survey conducted by the licensing authority, and is found
to be in substantial compliance with these regulations.
(1) A branch office must be located within
100 miles distance from the licensed location of the parent home health
agency.
(2) A branch office must
have a qualified on-site administrator who receives direction and supervision
from the parent home health agency's administrator/director.
(3) A branch office must be able to provide
the same services as the parent home health agency.
(4) Original patient/client records, if
stored at the parent home health agency, shall be made available upon request
of the licensing authority within two hours.
F.
Service area: A home health
agency may only provide services to patient/clients who reside within one
hundred (100) miles distance from the licensed location of the agency.
(1) The licensing authority may grant a
temporary exception to the 100 mile distance limitation when the following
conditions exist:
(a) no other home health
agency service for the patient/client is available;
(b) no home health agency in the area within
the 100 miles distance limitation is able or willing to provide services to the
patient/client.
(2) Home
health agencies not previously required to be licensed by the licensing
authority shall have twelve months from the date these regulations are adopted
to comply.
G.
Auxiliary work station: A non-licensed, non-staffed convenience
work station away from the licensed location of the home health agency's office
for the limited purposes of storage of supplies and a work area for
documentation by staff where a telephone and fax may be available for
communication. The auxiliary work station shall not function as a branch office
and the following requirements are intended to insure that the work station
does not become a branch office:
(1) must not
be utilized to increase the geographical service area of a home health agency
or as a substitute for a branch operation of the agency;
(2) the name of the agency must not be
identified by signage at the work station;
(3) the telephone number for the work station
shall not be advertised or otherwise made available to persons or individuals
other than staff of the agency;
(4)
patient/clients shall only be admitted by and through the licensed location of
the agency;
(5) no orders for
patient/client care from physicians shall be accepted by agency staff at its
auxiliary work station;
(6) no
original patient/client records, copies of patient/client records or personnel
records shall be maintained by the agency at the auxiliary work
station.
