Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 05 - Health Facility Services › Rule 007.05.01-001 - Rules and Regulations for Home Health Agencies in Arkansas

Current through Register Vol. 49, No. 6, June, 2024
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 safe, 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 word 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, 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 a home health 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.
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 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.
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 providing services for the agency who does not meet the definition
			 of employee.
8.
Coordinating
Bringing needed services into a common action,
			 movement or condition of the health of the patient.
9.
Department
The Arkansas
			 Department of Health, Division of Health Facility Services.
10.
Director
The Director of the
			 Division of Health Facility Services-Arkansas 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 that a 50 mile radius surrounding the home health agency's primary
			 or subunit 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 providing or coordinating 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 is 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.
			 This shall include a suboffice, 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 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 (POA), 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 Work 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.
Subunit
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.