Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 05 - Health Facility Services › Rule 007.05.20-004 - Rules for Private Care Agencies in Arkansas

Current through Register Vol. 49, No. 6, June, 2024
SECTION 1: PREFACE
These rules have been prepared for the purpose of establishing
				a criterion for minimum standards for the licensure of private care agencies
				providing Medicaid Personal Care in Arkansas. By necessity they are of a
				regulatory nature but are considered to be practical minimal design and
				operational standards for these agencies. These standards are not static and
				are subject to periodic revisions in the future as new knowledge and changes in
				home care become apparent. However, it is expected that agencies 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 private care agency has a strong moral responsibility for providing
				optimum home care and services for the clients it serves.
SECTION 2: AUTHORITY
The following Rules for Private Care 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 Ark.
				Code Ann. § 20-10-2301 et seq.
SECTION 3: PURPOSE
These rules are established to ensure high quality care and
				services for clients in their homes.
SECTION 4: DEFINITIONS
The following words and terms, when used in these sections,
				shall have the stated meanings, unless the context clearly indicates
				otherwise.
A. 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.
B. Aide Service Plan - written assignments
			 developed and supervised by a qualified supervisor for the tasks to be
			 completed by the aide.
C. Client -
			 Eligible recipient of Medicaid Services.
D. Client Note - A dated, written or
			 electronic and signed notation by agency personnel of a contact with a client
			 including a description of services provided, and any changes in circumstances
			 that impact the client's services or welfare.
E. Client Record - An accurate account of
			 services provided for each client and maintained by the agency.
F. Contractor - An entity or individual
			 providing services for the agency who does not meet the definition of
			 employee.
G. Department - The
			 Arkansas Department of Health, Health Facility Services.
H. Employee - Any individual for whom the
			 agency is required to issue a form W-2.
I. Health - The condition of being sound in
			 body, mind and spirit, especially freedom from physical disease or
			 pain.
J. Health Assessment - A
			 determination of a patient's physical and mental status performed by medical
			 professionals.
K. Personal Care
			 Services -assistance in activities of daily living, hygiene, or
			 grooming.
L. Personal Care Aide - A
			 person who provides personal care/personal services for a client in their place
			 of residence .
M. Place of Business
			 -Any office of a private care agency that maintains client records or directs
			 services.
N. Private Care Agency -
			 a provider that is, certified by the Division of Aging, Adult, and Behavioral
			 Health Services of the Department of Human Services as a provider of home- and
			 community-based health services and that:
1.
			 furnishes in-home staffing services for personal and attendant care services;
			 and
2. retains liability insurance
			 of not less than one million dollars ($1,000,000.00) to cover its employees and
			 independent contractors while its employees and independent contractors are
			 engaged in providing personal and attendant care services.
O. Quality of Services -competent care which
			 are supported and directed in a planned pattern to achieve well-being, dignity
			 and comfort, and self-management.
P. Residence - A place where a person
			 resides, including a home, nursing home, residential care facility or
			 convalescent home for the disabled or aged.
Q. Supervision - Authoritative procedural
			 guidance by a qualified person, acting within his or her applicable scope of
			 practice, to a function or activity..
R. Supervisor - A licensed nurse or one who
			 has completed two years of full-time study at an accredited institution of
			 higher education. An individual who has a high school diploma or GED may
			 substitute one (1) year of full time employment in a supervisory capacity in a
			 healthcare facility or community-based agency for one (1 year at an institution
			 of higher education.
S. Telenursing
			 - the use of [distance] technology to deliver nursing care and conduct nursing
			 practice.
T. Visit - A face to face
			 meeting in the client's residence or by the use of information
			 Technology.