Editorial Note on Part 409
Editorial Note: Nomenclature changes to part 409 appear at 62 FR 46037, Aug. 29, 1997.

§ 409.43 Plan of care requirements. ( a ) *Contents.* An individualized plan of care must be established and periodically reviewed by the certifying physician or allowed practitioner. ( 1 ) The HHA must be acting upon a plan of care that meets the requirements of this section for HHA services to be covered.
( 2 ) For HHA services to be covered, the individualized plan of care must specify the services necessary to meet the patient-specific needs identified in the comprehensive assessment.
( 3 ) ( i ) The plan of care must include all of the following: ( A ) The identification of the responsible discipline(s) and the frequency and duration of all visits as well as those items listed in § 484.60(a) of this chapter that establish the need for such services.
( B ) Any provision of remote patient monitoring or other services furnished via telecommunications technology (as defined in § 409.46(e)) or audio-only technology. Such services must be tied to the patient-specific needs as identified in the comprehensive assessment, cannot substitute for a home visit ordered as part of the plan of care, and cannot be considered a home visit for the purposes of patient eligibility or payment.
( ii ) All care provided must be in accordance with the plan of care.
( b ) *Physician's or allowed practitioner's orders.* The physician or allowed practitioner's orders for services in the plan of care must specify the medical treatments to be furnished as well as the type of home health discipline that will furnish the ordered services and at what frequency the services will be furnished. Orders for services to be provided “as needed” or “PRN” must be accompanied by a description of the beneficiary's medical signs and symptoms that would occasion the visit and a specific limit on the number of those visits to be made under the order before an additional physician or allowed practitioner order would have to be obtained. Orders for care may indicate a specific range in frequency of visits to ensure that the most appropriate level of services is furnished. If a range of visits is ordered, the upper limit of the range is considered the specific frequency.
( c ) *Physician or allowed practitioner signature* — ( 1 ) *Request for Anticipated payment signature requirements.* If the physician or allowed practitioner signed plan of care is not available at the time the HHA requests an anticipated payment of the initial percentage prospective payment in accordance with § 484.205, the request for the anticipated payment must be based on— ( i ) A physician or allowed practitioner's orders that— ( A ) Is recorded in the plan of care;
( B ) Includes a description of the patient's condition and the services to be provided by the home health agency;
( C ) Includes an attestation (relating to the physician's or allowed practitioner's orders and the date received) signed and dated by the registered nurse or qualified therapist (as defined in 42 CFR 484.115) responsible for furnishing or supervising the ordered service in the plan of care; and
( D ) Is copied into the plan of care and the plan of care is immediately submitted to the physician or allowed practitioner; or
( ii ) A referral prescribing detailed orders for the services to be rendered that is signed and dated by a physician.
( 2 ) *Final percentage payment signature requirements.* The plan of care must be signed and dated— ( i ) By a physician or allowed practitioner as described who meets the certification and recertification requirements of § 424.22 of this chapter; and
( ii ) Before the claim for each episode (for episodes beginning on or before December 31, 2019) or 30-day period (for periods beginning on or after January 1, 2020) is submitted.
( 3 ) *Changes to the plan of care signature requirements.* Any changes in the plan must be signed and dated by a physician or allowed practitioner.
( d ) *Oral (verbal) orders.* If any services are provided based on a physician's or allowed practitioner's oral orders, the orders must be put in writing and be signed and dated with the date of receipt by the registered nurse or qualified therapist (as defined in § 484.115 of this chapter) responsible for furnishing or supervising the ordered services. Oral orders may only be accepted by personnel authorized to do so by applicable State and Federal laws and regulations as well as by the HHA's internal policies. The oral orders must also be countersigned and dated by the physician or allowed practitioner before the HHA bills for the care.
( e ) *Frequency of review.* ( 1 ) The plan of care must be reviewed by the physician or allowed practitioner (as specified in § 409.42(b)) in consultation with agency professional personnel at least every 60 days or more frequently when there is a— ( i ) Beneficiary elected transfer;
( ii ) Significant change in condition; or
( iii ) Discharge with goals met and/or no expectation of a return to home health care and the patient returns to home health care within 60 days.
( 2 ) Each review of a beneficiary's plan of care must contain the signature of the physician or allowed practitioner who reviewed it and the date of review.
( f ) *Termination of the plan of care.* The plan of care is considered to be terminated if the beneficiary does not receive at least one covered skilled nursing, physical therapy, speech-language pathology services, or occupational therapy visit in a 60-day period unless the physician or allowed practitioner documents that the interval without such care is appropriate to the treatment of the beneficiary's illness or injury.
[59 FR 65494, Dec. 20, 1994, as amended at 65 FR 41210, July 3, 2000; 74 FR 58133, Nov. 10, 2009; 80 FR 68717, Nov. 5, 2015; 82 FR 4578, Jan. 13, 2017; 83 FR 56627, Nov. 13, 2018; 84 FR 60642, Nov. 8, 2019; 85 FR 19285, Apr. 6, 2020; 85 FR 27619, May 8, 2020; 85 FR 70354, Nov. 4, 2020; 86 FR 62418, Nov. 9, 2021]