§2116.34. Minimum standards; rules and regulations

A. The secretary of the department shall prescribe and publish minimum standards pursuant to the Administrative Procedure Act. Such standards shall include but not be limited to the following:

(1) Requiring all such home health agencies to admit patients for skilled care only on the order of a physician. Signed physician's orders shall be obtained by the agency.

(2) Providing skilled nursing services and at least one other defined service.

(3) Adopting procedures for the administration of drugs and biologicals.

(4) Maintaining clinical records on all patients accepted for skilled care. The records will be retained in accordance with existing state law.

(5) Requiring all agencies to establish patient care policies and personnel policies.

(6) Requiring all agencies to have services available at least eight hours a day five days a week and available on an emergency basis twenty-four hours a day, seven days a week.

(7) Requiring agencies to make service available to an individual in need within twenty-four hours of a referral unless otherwise ordered by a physician.

(8) Requiring each agency to have a designated director of nurses who is a full-time employee of the agency and is available at all times during operating hours and additionally as needed.

(9) Requiring each agency to have a designated alternate director of nurses who meets the criteria for director of nurses and functions in that capacity whenever the director of nurses is not available. At a minimum, the alternate director of nurses must be employed for no less than twenty hours per week as defined in the minimum standards.

(10) Requiring the administrator of the agency to be a person who is designated in writing, is administratively responsible and available in person or by telecommunication at all times for all aspects of facility operation, who has three years management experience in health care delivery service, and who meets one of the following conditions:

(a) Is a licensed physician.

(b) Is a registered nurse.

(c) Is a college graduate with a bachelor's degree.

(d) Has had three additional years of documented experience in a health care delivery service.

(e) Has an associate degree.

(f) Has had six additional years of documented administrative and managerial experience in a governmental or corporate setting other than in a health care delivery service, having supervised at least twenty employees and handled administration of the daily operations of the organization, including the budget process. Such person shall have held no more than three positions in said six-year time period.

(11) Governing the licensing and operation of home health care agencies, which may include rules relating to licensure information, licensing procedure, agency policies, qualifications and responsibilities of service disciplines, clinical records, and requirements for recordkeeping.

B. The secretary shall review annually the published minimum standards and rules and regulations referred to in Subsection A of this Section and report findings annually to the House and Senate committees on health and welfare no less than sixty days prior to the regular session.

Acts 1966, No. 25, §1, eff. July 11, 1966 at 3:15 P.M. Amended by Acts 1977, No. 680, §14; Acts 1984, No. 347, §1; Acts 1985, No. 912, §1; Acts 1991, No. 136, §1; Acts 1995, No. 1252, §1; Acts 1997, No. 590, §1, eff. July 3, 1997; Acts 2018, No. 206, §4.