Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 05 - Health Facility Services › Rule 007.05.97-004 - Revisions to the Rules and Regulations for Home Health Agencies in Arkansas

Current through Register Vol. 49, No. 6, June, 2024
RULES AND REGULATIONS FOR
HOME HEALTH AGENCIES IN ARKANSAS
ARKANSAS DEPARTMENT OF HEALTH 1997
(Pursuant to Act 956 of 1987)
I
PREFACE
These rules and regulations have been prepared for the purpose
				of establishing a criterion for minimum standards for the licensure of Home
				Health Agencies in Arkansas that is consistent with current trends in patient
				care practices. By necessity they are of a regulatory nature but are considered
				to be practical minimal design and operational standards for these facilities.
				These standards are not static and are subject to periodic revisions in the
				future as new knowledge and changes in patient care trends become apparent.
				However, it is expected that facilities will exceed these minimum requirements
				and that they will not be dependent upon future revisions in these standards as
				a necessary prerequisite for improved services. Each Home Health Agency has a
				strong moral responsibility for providing optimum patient care and treatment
				for the patients it serves.
II
AUTHORITY
The following Rules and Regulations for Home Health Agencies in
				Arkansas are duly adopted and promulgated by the Arkansas State Board of Health
				pursuant to the authority expressly conferred by the laws of the State of
				Arkansas in Act 956 of 1987.
III
PURPOSE
In accordance with Act 956 of 1987, rules, regulations and
				minimum standards for home health programs operating in the State of Arkansas
				are hereby established. These rules will ensure high quality professional care
				for patients in their home by providing for the sqfe,
				appropriate care of all admitted to a home health program regardless of setting
				and shall apply to both new and existing agencies.
IV
DEFINITIONS
The following words and terms, when used in these sections,
				shall have the stated meanings, unless the context clearly indicates
				otherwise:
1.
Administrator
-A person who is an agency employee and is a
			 physician, registered nurse, or an individual with at least one year of
			 supervisory or administrative experience in home health care or in related
			 health provider programs.
2.
Assistance with Medication-
Anci 1 lary aid needed by a patient to
			 self-administer medication, such as reminding a patient to take a medication at
			 the prescribed time, opening and closing a medication container, and returning
			 a medication to the proper storage area. Such ancillary aid shall not include
			 administration of any medication by injection, inhalation, ingestion, or any
			 other means, calculation of a pati ent' s medi cation dosage, or al teri ng the
			 form of the medication by crushing, dissolving, or any other method.
3.
Branch Office
-A location or
			 site from which a home health agency provi des servi ces wi thi n a portion of
			 the total geographi c area served by the primary agency. The branch office is
			 part of the primary agency and is located sufficiently close (within a 50 mile
			 radius) to share administrative supervision and services in a manner that
			 renders it unnecessary to obtain a separate license as a home health agency. A
			 branch office shall have at least one registered nurse assigned to that office
			 on a full time basis.
4.
Certified Agency-
A home health agency which holds a letter of
			 approval signed by an official of the Department of Health and Human Services.
			 The agency must be currently in compliance with the Conditions of Participation
			 in the Social Security Act, Title XVIII.
5.
Clinical Note-A
dated,
			 written or electronic and signed notation by agency personnel or a contact with
			 a parent including a description of signs and symptoms, treatment
			 ap"d/or medication given, the patient's response,
			 other health services provided, and any changes in physical and/or emotional
			 condition.
6.
Clinical
			 Record-
An accurate account of services provided for each patient and
			 maintained by the agency in accordance with accepted medical
			 standards.
7.
Contractor-
An entity or individual proving services for the agency
			 who does not meet the definition of employee.
8.
Coordinating-
Bringing needed
			 services iPto
									a common action, movement or condition for
			 the health of the patieht-
9.
Department-
The Arkansas
Department of
Health,
			 Division
of Health
Facility Services.
10.
Director-
The Director of the
			 Division of Health Facility Services-Arfcansas Department of Health.
11.
Discharge Summary-
A
			 recapitulation of all services provided by the home health agency before
			 discharge of a patient.
12.
Division-
The Division of Health Facility Services of the Arkansas
			 Department of Health.
13.
Employee-
Any individual for whom the agency is required to issue a
			 form W-2.
14.
Geographic
			 Area-
The land area, for which the agency shall be licensed, consisting
			 of not more than a 50 mile radius surrounding the home health agency's primary
			 or submit location.
15.
Health
-The condition of being sound in body, mind and spirit,
			 especially freedom from physical disease or pain.
16.
Health Assessment-
A
			 determination of a patient's physical and mental status performed by medical
			 professionals.
17.
Home
			 Health Agency-Any
person, partnership, association, corporation, or
			 other organization, whether public or private, proprietary, or non-profit, that
			 provides a home health service for pay or other consideration in a patient's
			 residence.
18.
Home Health
			 Aide/Personal Care Aide-
A person who provides personal care/personal
			 services for a person in the home under the supervision of a registered
			 nurse.
19.
Home Health
			 Services
-The provi di ng or coordi nati ng of acute, restorative,
			 rehabilitative, maintenance, preventive, or health promotion services through
			 professional nursing or by other therapeutic services such as physical therapy,
			 speech therapy, occupational therapy, medical social services, home health aide
			 or personal services in a client's residence.
20.
Licensed Occupational Therapy
			 Assistant-
A person who is currently licensed under the laws of Arkansas
			 to use the title, Licensed Occupational Therapy Assistant.
21.
Licensed Physical Therapy
			 Assistant
-A person who is currently licensed under the laws of Arkansas
			 to use the title, Licensed Physical Therapy Assistant.
22.
Licensed Practical Nurse-
A
			 person who is currently licensed under the laws of Arkansas to use the title,
			 Licensed Practical Nurse.
23.
Maintenance-
To keep in an existing state.
24.
Medical Social Worker
-A
			 person who i s currently licensed under the laws of Arkansas as a social worker
			 and who has a Master's Degree from a school accredited by the Council on Social
			 Work Education and has one year of social work experience in a health care
			 setting.
25.
Occupational
			 Therapist
-A person who is currently licensed under the laws of Arkansas
			 to use the title, Occupational Therapist Registered.
26.
Parent Agency-
The agency
			 physically located within the state that develops and maintains administrative
			 control of subunits and/or branches.
27.
Patient Care Conference
-A
			 documented conference among the home health agency staff or contractors
			 providing care to a patient to evaluate patient care needs and the delivery of
			 service.
28.
Personal
			 Care-
Health related assistance in activities of daily living, hygiene
			 and grooming for the sick or debilitated.
29.
Physical Therapist
-A person
			 who is currently licensed under the laws of Arkansas to use the title,
			 Registered Physical Therapist.
30.
Physician-
A person who is currently licensed under the Arkansas
			 Medical Practices Act.
31.
Place of Business-Any
office of a home health agency that
			 maintains home health service patient records or directs home health services.
			 Thi s shal1 i nclude a suboffi ce, a branch office, or any other subsidiary
			 location.
32..
. Plan of
			 Care-A
written plan which specifies scope, frequency and duration of
			 services that is signed by a physician or podiatrist.
33.
Podiatric Medicine
-The
			 diagnosis and medical, mechanical, and surgical treatment of ailments of the
			 human foot.
34.
Podiatrist-
A person currently licensed by the Board of Podiatric
			 Medicine to use the title, Podiatrist.
35.
Preventive
-To keep from
			 happening or existing.
36.
Primary Agency-
The agency physically located within the state
			 responsible for the service rendered to patients and for implementation of the
			 plan of care.
37.
Psychiatric
			 Nurse-
A registered nurse who is currently licensed under the laws of
			 Arkansas and:
a. Has a Master's Degree in
			 Psychiatric or Mental Health Nursing; or
b. Has a Baccalaureate Degree in Nursing with
			 one year of experience in an active treatment unit in a psychiatric or mental
			 health hospital or outpatient clinic; or
c. Has a Diploma or Associate Degree with two
			 years experience in an active treatment unit in a psychiatric or mental
			 hospital or outpatient clinic.
NOTE: Experience must have been within the last five years. If
				not, documentation must support psychiatric retraining or classes or CEUs to
				update psychiatric knowledge.
38.
Quality of Care-
Clinically
			 competent care which meets professional standards, supported and directed in a
			 planned pattern to achieve maximum dignity at the required level of comfort,
			 preventive health measures and self management.
39.
Registered Nurse-A
person
			 who Is currently..licensed under the laws of Arkansas to use the title,
			 Registered Nurse.
40.
Rehabilitative-
To restore or bring to a condition of health or
			 useful and constructive activity.
41.
Residence-
A place where a
			 person resides, including a home, nursing home, residential care facility or
			 convalescent home for the disabled or aged.
42.
Restorative-
Something that
			 serves to restore to consciousness, vigor or health.
43.
Service Area-
The land area
			 for which the agency shall be licensed, which shall be consistent with their
			 Certification of Need (CON) or Permit of Approval CPOA), if one is required,
			 but in no case shall the service area consist of more than a 50 mile radius
			 from the home health agency's primary or subunit location.
44.
Skilled Care Services-
Any
			 service delivered by a health care professional requiring orders from a
			 physician or podiatrist.
45.
Social Hork Assistant-
A person who is currently licensed under the
			 laws of Arkansas as a social worker.
46.
Speech-Language
			 Pathologist
-A person who is currently licensed under the laws of
			 Arkansas to use the title, Speech-Language Pathologist.
47.
Sufaunit-
A semi-autonomous
			 organization, which serves patients in a geographic area different from that of
			 the parent agency. The subunit by virtue of the distance between it and the
			 parent agency is judged incapable of sharing administration, supervision, and
			 services on a daily basis with the parent agency and shall, therefore,
			 independently meet the Conditions of Participation for home health agencies
			 and/or shall independently meet the regulations and standards for licensure. A
			 subunit may not have a branch office. The parent agency of the subunit shall be
			 located and licensed within the state.
48.
Supervision
-Authoritative procedural guidance by a
			 qualified person for the accomplishment of a function or activity with initial
			 direction and periodic inspection of the actual act of accomplishing the
			 function or activity.
6. A home,
			 nursing home, convalescent home, or other institution for the disabled or aged
			 that provides health services only to residents of the home or
			 institution;
7. A person who
			 provides one health service through a contract with a person
			 licensed;
8. A durable medical
			 equipment supply company;
9. A
			 pharmacy or wholesale medical supply company that furnishes those services to
			 persons in their homes that relate to drugs and supplies;
10. A hospital or other 1icensed health care
			 facility serving only inpatient residents; and
11. A visiting nurse service or home aide
			 service constructed by and for the adherents of a religious denomination for
			 the purpose of providing service for those who depend upon spiritual means
			 through prayer alone for healing.
B. Nhen
			 there is a question about the subject of regulation status of a person, and the
			 person claims exemption under the Act, the Director shall ask the person to
			 make a written claim to the Department, citing the subsection of the Act under
			 which exemption is claimed and including any and all documentation supporting
			 the exemption claim.
C. The
			 Director shall evaluate the information received and determine if the person is
			 exempt. The Director shall notify the person in writing upon the completion of
			 the evaluation.