Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 105 - Supplemental Health Care Services Agency › Section 19 CSR 30-105.050 - Inspections

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines inspections, complaints,
				  and requirements of a supplemental health care services agency.
(1) The department may conduct unannounced
				in-person or virtual registration or complaint inspection visits to an agency's
				office or records repository.
(2)
				An agency shall be available during the agency's regular operating hours and
				shall maintain and make immediately available the following business records
				for inspection by the department -
(A) Copies
				of articles and bylaws, if applicable;
(B) An individual file or account information
				for each health care personnel, including independent contractors, including -
1. Personnel's name and address, Social
				Security number, and date of birth;
2. Documentation of each personnel's or
				independent contractor's employment history, health, and medical records.
A. Personnel and independent contractors must
				have received the necessary testing and immunizations required or requested by
				each health care facility.
B. Drug
				screening of personnel and including independent contractors must be performed
				before referral by the agency to a health care facility, if the health care
				facility requires drug screening of facility employees;
3. Evidence of the personnel's or independent
				contractor's skills, qualifications, education, and training to demonstrate
				compliance with the provisions of section
				198.644.1, RSMo;
4. Current copies of licenses, transcripts,
				certificates, or statements evidencing competency for the position held;
5. Two (2) or more references and
				documentation of two (2) or more reference checks of each personnel or
				independent contractor, completed before referral by the agency;
6. Documentation of submission for background
				screening and background screening results pursuant to sections
				192.2490 and
				192.2495, RSMo; and
7. Copy of any good cause waiver, granted by
				the department, if applicable;
(C) Documentation of any complaints known to
				the agency involving any of its health care personnel or independent
				contractors, and any follow-up action taken with respect to such complaints;
(D) Records documenting the work
				performed by each health care personnel or including independent contractor,
				including date of personnel referral by the agency or request by an independent
				contractor and the dates and locations of each personnel and independent
				contractor placement. Copies of time records or invoices identifying the
				services provided are acceptable documentation for this requirement;
(E) Copies of any written employment
				contracts or other agreements entered into between the agency and each health
				care personnel or independent contractor. Such contract or agreement shall
				specifically and clearly advise if the personnel is an employee of the agency
				or is an independent contractor referred by the agency. If the personnel is
				retained as an independent contractor, the contract or agreement shall
				specifically state that the independent contractor is responsible for paying
				federal income taxes. Prior to placement in a health care facility, the agency
				shall provide a document to each health care personnel or independent
				contractor, for his or her signature or digital acceptance, which states that
				the personnel understands his or her relationship with the agency, either as an
				employee or independent contractor. The signed or accepted document shall be
				filed in each personnel's file or account;
(F) Copies of records required by the United
				States Internal Revenue Services to be prepared by the agency for each
				personnel or independent contractor;
(G) Documentation to verify each personnel's
				or independent contractor's employment eligibility in compliance with the
				immigration laws of the United States;
(H) Copies of contracts, if any, between an
				agency and a health care facility setting forth terms and conditions under
				which the agency will provide specific health services staff to the facility.
				Such contracts shall state whether the staff provided by the agency are
				referred as employees of the agency or as independent contractors;
(I) Most recently released annual or
				quarterly financial reports;
(J)
				Evidence of medical malpractice insurance (professional liability insurance is
				acceptable);
(K) Evidence of
				current worker's compensation coverage as required by Chapter 287, RSMo, or if
				the personnel provided are independent contractors, maintain evidence of
				occupational accident insurance
(L)
				Evidence of current worker's compensation coverage as required by Chapter 287,
				RSMo, or if the personnel provided are independent contractors, maintain
				evidence of occupational accident insurance.