Virginia Administrative Code
Title 12 - HEALTH
Agency 5 - DEPARTMENT OF HEALTH
Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS
Part II - Administrative Services
Section 12VAC5-381-150 - Management and administration

Universal Citation: 2 VA Admin Code 5-381-150

Current through Register Vol. 40, No. 16, March 25, 2024

A. No person shall establish or operate a home care organization, as defined in § 32.1-162.7 of the Code of Virginia, without having obtained a license.

B. The organization must comply with:

1. This chapter (12VAC5-381);

2. Other applicable federal, state or local laws and regulations; and

3. The organization's own policies and procedures.

C. The organization shall submit or make available reports and information necessary to establish compliance with this chapter and applicable law.

D. The organization shall permit representatives from the OLC to conduct inspections to:

1. Verify application information;

2. Determine compliance with this chapter;

3. Review necessary records and documents; and

4. Investigate complaints.

E. The organization shall notify the OLC 30 days in advance of changes affecting the organization, including the:

1. Service area;

2. Mailing address of the organization;

3. Ownership;

4. Services provided;

5. Operator;

6. Administrator;

7. Organization name; and

8. Closure of the organization.

F. The current license from the department shall be posted for public inspection.

G. Service providers or community affiliates under contract with the organization must comply with the organization's policies and this chapter.

H. The organization shall not use any advertising that contains false, misleading or deceptive statements or claims, or false or misleading disclosures of fees and payment for services.

I. The organization shall have regular posted business hours and be fully operational during such business hours. In addition, the organization shall provide or arrange for services to their clients on an on-call basis 24 hours a day, seven days a week.

J. The organization shall accept a client only when the organization can adequately meet that client's needs in the client's place of residence.

K. The organization must have a prepared plan for emergency operations in case of inclement weather or natural disaster to include contacting and providing essential care to clients, coordinating with community agencies to assist as needed, and maintaining a current list of clients who would require specialized assistance.

L. The organization shall encourage and facilitate the availability of flu shots for its staff and clients.

Statutory Authority

§§ 32.1-12 and 32.1-162.12 of the Code of Virginia.

Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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