Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 05 - Health Facility Services › Rule 007.05.99-003 - Rules and Regulations for Private Care Agencies in Arkansas 1999

Current through Register Vol. 49, No. 6, June, 2024
RULES AND REGULATIONS FOR
PRIVATE CARE AGENCIES IN ARKANSAS
ARKANSAS DEPARTMENT OF HEALTH 1999
(Pursuant to Act 1537 of 1999, Section 133)
RULES AND REGULATIONS FOR
PRIVATE CARE AGENCIES IN ARKANSAS
ARKANSAS DEPARTMENT OF HEALTH 1999
I PREFACE
These rules and regulations have been prepared for the purpose
				of establishing a criterion for minimum standards for the licensure of Private
				Care Agencies providing weekend 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 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 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 Act 1537 of 1999, Section 133.
III PURPOSE
In accordance with Act 1537 of 1999, Section 133, rules,
				regulations and minimum standards for Private Care Agencies 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 safe,
				appropriate care of all admitted to a private care agency's 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-Ancillary 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 patient's
			 medication dosage, or altering the form of the medication by crushing,
			 dissolving, or any other method.
3.
			 Branch Office-A location or site from which an private care agency provides
			 services within a portion of the total geographic 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. The
			 registered nurse may be an employee or a contracted individual.
4. Clinical Note-A dated, written or
			 electronic and signed notation by agency personnel of a contact with a patient
			 including a description of signs and symptoms, treatment and/or medication
			 given, the patient's response, other health services provided, and any changes
			 in physical and/or emotional condition. -
5. Clinical Record-An accurate account of
			 services provided for each patient and maintained by the agency in accordance
			 with accepted medical standards.
6.
			 Contractor-An entity or individual providing services for the agency who does
			 not meet the definition of employee.
7. Coordinating-Bringing needed services into
			 a common action, movement or condition for the health of the patient.
8. Department-The Arkansas Department of
			 Health, Division of Health Facility Services.
9. Director-The Director of the Division of
			 Health Facility Services-Arkansas Department of Health.
10. Discharge Surrrmary-A recapitulation of
			 all services provided by the private care agency before discharge of a
			 patient.
11. Division-The Division
			 of Health Facility Services of the Arkansas Department of Health.
12. Employee-Any individual for whom the
			 agency is required to issue a form W-2.
13. Geographic Area-The land area, for which
			 the agency shall be licensed, consisting of not more than a 50 mile radius
			 surrounding the private care agency's primary location.
14. Health-The condition of being sound in
			 body, mind and spirit, especially freedom from physical disease or
			 pain.
15. Health Assessment-A
			 determination of a patient's physical and mental status performed by medical
			 professionals.
16. Personal Care
			 Aide-A person who provides personal care/personal services for a person in the
			 home under the supervision of a registered nurse.
17. Maintenance-To keep in an existing
			 state.
18. Parent Agency-The agency
			 physically located within the state that develops and maintains administrative
			 control of branches.
19. Patient
			 Care Conference-A documented conference among the agency staff or contractors
			 providing care to a patient to evaluate patient care needs and the delivery of
			 service.
20. Personal Care-Health
			 related assistance in activities of daily living, hygiene and grooming for the
			 sick or debilitated.
21.
			 Physician-A person who is currently licensed under the Arkansas Medical
			 Practices Act.
22. Place of
			 Business-Arty office of a private care agency that maintains patient records or
			 directs services. This shall include a suboffice, a branch office, or any other
			 subsidary location.
23. Plan of
			 Care-A written plan which specifies scope, frequency and duration of services
			 that is signed by a physician.
24.
			 Preventive-To keep from happening or existing.
25. Primary Agency-The agency physically
			 located within the state responsible for the service rendered to patients and
			 for implementation of the plan of care.
26. Private Care Agency-providers licensed by
			 the Department of Labor as of January 1, 1999, certified as ElderChoices
			 Providers as of January 1, 1999 and who furnish in-home staffing services for
			 respite, chore services, and homemaker services and carrying liability
			 insurance of not less than one million dollars ($1,000,000.00) covering their
			 employees and independent contractors while they are engaged in providing
			 services, such as personal care respite, chore services, and homemaker
			 services.
27. 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.
28. Registered Nurse-A person who is
			 currently licensed under the laws of Arkansas to use the title, Registered
			 Nurse.
29. Rehabiiitative-To
			 restore or bring to a condition of health or useful and constructive
			 activity.
30. Residence-A place
			 where a person resides, including a home, nursing home, residential care
			 facility or convalescent home for the disabled or aged.
31. Restorative-Something that serves to
			 restore to consciousness, vigor or health.
32. 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 (POA), if one is required, but in no case
			 shall the service area consist of more than a 50 mile radius from the agency's
			 primary location.
33.
			 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.