reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 763 - Certified Home Health Agencies, Long Term Home Health Care Programs And Aids Home Care Programs Minimum Standards › Section 763.12 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The governing
					 authority may enter into contracts with individuals, organizations, agencies or
					 facilities, when necessary, to provide or obtain those services required by
					 patients. Such contracts shall specify:
(1)
					 the contracting parties' agreements, including, but not limited to:
(i) the services to be provided;
(ii) the manner in which services will be
					 supervised and evaluated;
(iii)
					 charges, reimbursement and other financial arrangements; and
(iv) any provisions made for indemnification
					 between the agency and the contract provider;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 763 - Certified Home Health Agencies, Long Term Home Health Care Programs And Aids Home Care Programs Minimum Standards › Section 763.13 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
The agency shall ensure for all personnel:
(a) the development and implementation of
					 written personnel policies and procedures, which are reviewed and revised as
					 necessary;
(b)
(1) that qualifications as specified in
					 section 700.2 of this Title are met;
(i) that the information required by Public
					 Health Law section 3613(3)(a)-(f) has been entered into the home care services
					 worker registry in accordance with Part 403 of this Title; and
(ii) a criminal history record check to the
					 extent required by Part 402 of this Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 763 - Certified Home Health Agencies, Long Term Home Health Care Programs And Aids Home Care Programs Minimum Standards › Section 763.14 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 governing authority shall ensure that:
(1)
					 copies of the following current records are retained on file at the principal
					 administrative office of the agency within its approved geographic service
					 area:
(i) the certificate of incorporation
					 and any amendments thereto, the partnership agreement and the certificate of
					 doing business under an assumed name, if applicable;
(ii) the operating certificate;
(iii) all contracts and other agreements
					 pertaining to the operation of the agency;
(iv) rules and bylaws of the governing
					 authority and/or other authority, if applicable;
(v) operating policies and procedures and
					 relevant determinations and interpretations;
(vi) a patient roster;
(vii) a listing of all personnel;
(viii) copies of all notices and documents
					 required to be filed with the Securities and Exchange Commission; and
(ix) any other licenses, permits and
					 certificates required by law for the operation of the agency;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Subpart, unless the context
						  indicates otherwise, the following terms shall have the following
						  meanings:
(a) Sponsor means:
(1) each officer of a corporation that is
						requesting or has received approval to operate a licensed home care services
						agency; and
(2) any controlling
						person, as defined in this section.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.4 - Amendments to applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
						application made to the Public Health and Health Planning Council pursuant to
						this Subpart may be amended while the matter is pending before the council.
						Such amendments shall be made on appropriate forms supplied by the
						department.
(b) Any amendment to an
						application which constitutes a substantial change in the information contained
						in the original application, or any prior amendments thereto, must be
						accompanied by a satisfactory written explanation as to the reason such
						information was not contained in the original application.
(c) Prior to the issuance of a license, any
						change as set forth in this subdivision shall constitute an amendment to the
						application and the applicant shall submit appropriate documentation as may be
						required in support of such amendment. The amended application shall be
						referred to the Public Health and Health Planning Council for its comments. The
						approval of the Public Health and Health Planning Council must be obtained for
						any amended application. Each of the following shall constitute an amendment:
(1) any change in the types of licensed
						services to be provided;
(2) any
						significant change in the principals of the applicant as considered by the
						council;
(3) any significant change
						in the proposed patient capacity;
(4) any change in the agency's proposed
						service area; and/or
(5) any
						significant change to the agency's proposed annual operating budget.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.5 - Withdrawals of applications

Current through Register Vol. 46, No. 28, July 10, 2024
An application made to the Public Health Council may,
						  on written request of the applicant, be withdrawn prior to decision by the
						  council at any time without prejudice to resubmission.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.6 - Decisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Copies of the
						resolution of the Public Health Council approving or disapproving an
						application shall be transmitted to the applicant, the State Hospital Review
						and Planning Council, the appropriate health systems agency and the
						Commissioner of Health.
(b) Copies
						of a notice that the council is considering the disapproval of an application
						and affording the applicant an opportunity to request a public hearing shall be
						transmitted to the applicant and the Commissioner of Health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.7 - Failure to implement an application

Current through Register Vol. 46, No. 28, July 10, 2024
The failure, neglect or refusal of an applicant for
						  licensure as a home care services agency to obtain a license and commence
						  operation of the licensed home care services agency within one year of issuance
						  of the Public Health Council's approval or contingent approval of the
						  application shall constitute an abandonment of the application by the applicant
						  and any approval or contingent approval issued by the Public Health Council
						  shall be deemed cancelled and withdrawn without further action of such
						  council.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.8 - Revocation, limitation or annulment of public health council approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An approval may
						be revoked, limited or annulled by the Public Health Council if the council
						finds that:
(1) the approved operator has
						been guilty of fraud or deceit in procuring such approval or has made
						statements or furnished information in support of the application which were
						not true, accurate or complete in any material respect;
(2) the agency's license has been revoked,
						limited or annulled pursuant to the applicable provisions of law;
(3) the approved operator has failed to
						comply with the applicable provisions of article 36 of the Public Health Law or
						the rules and regulations promulgated thereunder which threatened, or resulted
						in, direct significant harm to the health, safety or welfare of
						patients;
(4) the approved operator
						has been convicted, in a court of competent jurisdiction, either within or
						without the State, of a crime; or
(5) the approved operator has transferred
						ownership interest in the operation of the agency or the operator has
						terminated participation in the operation of the agency without prior approval
						of the Public Health Council, or a controlling person has exercised control of
						the operator of such agency without obtaining Public Health Council prior
						approval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.9 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Necessary
						hearings shall be conducted by the Public Health Council, a committee of the
						council, or a person designated by the council.
(b) Requests for hearings by the applicant
						shall be made within 20 days after notification that such request may be
						made.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.10 - Approval of not-for-profit corporations

Current through Register Vol. 46, No. 28, July 10, 2024
A not-for-profit corporation seeking the approval of
						  the Public Health Council as the operator of a licensed home care services
						  agency shall provide, in addition to meeting the other applicable requirements
						  of this Subpart, information, documents and data as follows:
(a) a photocopy of the executed existing or
						proposed applicable corporate certificate which shall, in all respects, conform
						to the applicable provisions of the New York State Not-for-Profit Corporation
						Law and which includes corporate powers and purposes adequate to encompass the
						ownership and operation of a home care services agency or agencies;
						and
(b) such additional pertinent
						information or documents necessary for Public Health Council consideration, as
						requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.11 - Approval of business corporations

Current through Register Vol. 46, No. 28, July 10, 2024
A business corporation seeking the approval of the
						  Public Health Council as the operator of a licensed home care services agency
						  shall provide, in addition to meeting the other applicable requirements of this
						  Subpart, information, documents and data as follows:
(a) a photocopy of the executed existing or
						proposed applicable corporate certificate which shall, in all respects, conform
						to the applicable provisions of the New York State Business Corporation Law and
						which contains corporate powers and purposes adequate to encompass the
						ownership and operation of a home care services agency or agencies;
(b) a statement identifying all proposed
						principal stockholders, the number of voting shares to be owned by each and the
						percentage of issued and outstanding voting stock represented by such shares;
						and
(c) such additional pertinent
						information or documents necessary for Public Health Council consideration, as
						requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.12 - Transfers of interest by persons or partnerships

Current through Register Vol. 46, No. 28, July 10, 2024
Any change in the person who or partnership which is
						  the operator of a licensed home care services agency must receive the prior
						  approval of the Public Health Council in accordance with the applicable
						  requirements of article 36 of the Public Health Law and this Subpart. In the
						  event such change is occasioned by the death of an operator, the department
						  shall be notified immediately and application shall be made for approval of
						  such change within 30 days of such death. A person or partnership seeking
						  Public Health Council approval for the transfer of all or part of the ownership
						  of the business shall file, in addition to meeting the other applicable
						  requirements of this Subpart, the applicable information, documents and data as
						  follows:
(a) a photocopy of the
						applicant's existing or executed proposed certificate of doing
						business;
(b) a photocopy of any
						corporate applicant's executed existing or proposed applicable corporate
						certificate;
(c) where the
						applicant is a partnership, full and true copies of all partnership
						agreements;
(d) a declaration of
						the percentage of the business to be transferred; and
(e) such additional pertinent information or
						documents necessary for Public Health Council consideration, as
						requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.13 - Transfers of stock

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
						transfer, assignment or other disposition of 10 percent or more of the stock or
						voting rights thereunder of a corporation which is the operator of a licensed
						home care services agency, or any transfer, assignment or other disposition of
						the stock or voting rights thereunder of such a corporation which results in
						the ownership or control of more than 10 percent of the stock or voting rights
						thereunder of such corporation by any person, must receive the prior approval
						of the Public Health Council in accordance with the applicable requirements of
						article 36 of the Public Health Law and this Subpart. In the event such change
						is occasioned by the death of a stockholder, the department shall be notified
						immediately and application shall be made for approval of such change within 30
						days of such death. An applicant who proposes to acquire stock or voting rights
						thereunder in a business corporation, the transfer of which requires the
						approval of the Public Health Council, shall file, in addition to meeting the
						other applicable requirements of this Subpart, information, documents and data
						as follows:
(1) a statement identifying the
						number of shares of stock or voting rights thereunder to be acquired and the
						percentage of total issued and outstanding stock represented by such shares;
						and
(2) such additional pertinent
						information or documents necessary or the Public Health Council's
						consideration, as requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.14 - Acquisition of control of the operator of an agency

Current through Register Vol. 46, No. 28, July 10, 2024
This section relates to changes in the control of an
						  operator of a licensed home care services agency not covered in section
						  765-1.12 or
						  765-1.13 of this Subpart. Changes
						  covered in section 765-1.12 or
						  765-1.13 shall require prior
						  approval of the Public Health Council.
(a)
(1) Any
						change in the controlling person(s) of the operator of a not-for-profit or
						proprietary licensed home care services agency, other than a change subject to
						prior approval pursuant to section 765-1.12 or
						765-1.13 of this Subpart, shall be
						subject to the approval of the Public Health Council in accordance with the
						applicable requirements of article 36 of the Public Health Law and this
						Subpart. A person seeking approval as a controlling person of the operator of a
						licensed home care services agency shall file an application for Public Health
						Council approval within 30 days of becoming a controlling person, in accordance
						with the applicable requirements of this Subpart.
(2) Pending a decision by the Public Health
						Council, an applicant shall refrain from exercising control over the licensed
						home care services agency by directing or causing the direction of the actions,
						management or policies of the agency, whether through voting securities or
						voting rights thereunder, electing or appointing directors, the direct or
						indirect determination of policies, or otherwise. The applicant shall submit,
						as part of the application, an affidavit whereby the applicant affirms that it
						will not exercise control over the agency pending a decision by the
						council.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.15 - Limitation on transfer

Current through Register Vol. 46, No. 28, July 10, 2024
Any transfer pursuant to section 765-1.12 or
						  765-1.13 of this Subpart shall be
						  completed within 90 days of issuance by the Public Health Council of its
						  approval for such transfer unless extended by the council, and the council
						  shall be notified of the transfer within 10 days after completion. Any request
						  for an extension of time shall set forth the reasons why such transfer could
						  not be completed within the prescribed time. Failure to complete a transfer
						  within the time prescribed or as extended by the council or failure to notify
						  the council within the time prescribed shall constitute an abandonment and
						  withdrawal of the application and any council approval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-1 - Approval Of Home Care Services Agencies › Section 765-1.16 - Determinations of public need

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
						process of determining need in this section will be used in the evaluation of
						certificate of need applications requiring a review of the public need by the
						Public Health and Health Planning Council.
(b) Planning areas. The commissioner shall
						designate each county as a separate planning area.
(c) Determination of need.
(1) There shall be a rebuttable presumption
						of no need for additional licensed home care service agencies in a planning
						area if there are 5 or more Licensed Home Care Service Agencies (LHCSA)
						actively serving patients within the planning area as of April 1, 2020.
						Beginning in 2021, the commissioner shall have the authority to adjust the
						target date for determining need for additional LHCSAs in a planning area, in
						subsequent years.
(2) Applications
						for licensure based on change of ownership for Licensed Home Care Service
						Agencies actively serving at least 25 patients will not be subject to public
						need review and shall be evaluated only on financial feasibility and the
						character and competence of the proposed operator unless the proposed operator
						seeks to serve patients outside of the approved planning area.
(3) The determination of need for licensed
						home care service agencies in accordance with this subdivision does not include
						licensed home care services agencies affiliated with an Assisted Living Program
						(ALP), Program of All-Inclusive Care for the Elderly (PACE), Nurse Family
						Partnership (NFP), or Continuing Care Retirement Community (CCRC). ALP, PACE,
						NFP, or CCRC-affiliated agencies are not subject to the public need review
						unless the agency seeks to serve patients outside the ALP, NFP, or CCRC
						programs or who are not PACE members. For the purpose of this paragraph,
						affiliated shall mean common ownership. Any limitation on the population an
						agency is allowed to serve resulting from an exemption made under this
						paragraph shall be noted on the LHCSA's license.
(4) The department shall review the adequacy
						of the need methodology set forth under paragraph (1) of this subdivision and
						issue a report to the commissioner, the Public Health and Planning Council, and
						other interested parties at the discretion of the Department of Health no later
						than three years from adoption.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-2 - Issuance Of Home Care Services Agency License › Section 765-2.1 - Issuance of a license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No home care
						services agency, other than those exempt from licensure requirements as
						provided in subdivision (c) of this section, shall provide nursing, advanced
						home health aide, home health aide, or personal care services to persons in
						their home unless it has been approved by the Public Health and Health Planning
						Council and has been issued a license pursuant to the provisions of Article 36
						of the Public Health Law and this Part.
(b) A license shall not be issued by the
						commissioner unless he finds that the agency's equipment, personnel, standards
						of care and provision of service are in compliance with article 36 of the
						Public Health Law and all applicable codes, rules and regulations.
(c) The following are exempt from licensure
						under this Part and article 36 of the Public Health Law:
(1) a certified home health agency, long term
						home health care program, AIDS home care program, or hospice to the extent of
						providing home care to its hospice patients;
(2) an agency which provides personal care
						services or home care services exclusively to individuals pursuant to a program
						administered, operated or regulated by another State agency;
(3) an organization licensed and operating
						exclusively as a nurses' registry pursuant to article 11 of the General
						Business Law;
(4) sole
						practitioners of nursing licensed pursuant to article 139 of the Education Law;
						and
(5) a medical facility,
						approved under article 28 of the Public Health Law, to provide chronic renal
						dialysis services, to the extent such facility provides chronic renal dialysis
						services to patients at home.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-2 - Issuance Of Home Care Services Agency License › Section 765-2.2 - Amendment of a license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
						issuance of an initial license, in order for the department to determine
						compliance with applicable statutes, rules and regulations, any licensed home
						care services agency seeking to add nursing, home health aide or personal care
						services shall submit an application to the department at least 90 days prior
						to the anticipated start of service and obtain written approval from the
						department prior to commencing the service. Such application shall be acted
						upon by the department within 90 days of receipt.
(b) The operator of a licensed home care
						services agency shall submit to the department, in writing, a request for
						approval of any proposed change in the name of a business corporation,
						not-for-profit corporation, partnership, sole proprietor or governmental
						subdivision or initial use of or change in an assumed name of a business
						corporation, not-for-profit corporation, partnership, sole proprietor or
						governmental subdivision, at least 90 days prior to the proposed name change.
(1) Such request for approval shall include
						the following:
(i) a photocopy of the
						executed proposed certificate of amendment of the certificate of incorporation
						or application for authority to conduct business in the State of New York, or a
						certificate or amended certificate of conducting business under an assumed
						name;
(ii) the current and proposed
						names and an explanation of the nature of, and the reasons for, the requested
						name change; and
(iii) such other
						pertinent information and documents necessary for the department's
						consideration, as requested.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 765 - Approval And Licensure Of Home Care Services Agencies › Subpart 765-2 - Issuance Of Home Care Services Agency License › Section 765-2.3 - Discontinuation, revocation, suspension, limitation or annulment of a license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No licensed
						home care services agency shall discontinue operation of the agency,
						discontinue the provision of nursing, home health aide or personal care
						services or surrender its license unless 30 days' written notice of its
						intention to do so, and a plan for the continuation of care for the patients on
						its roster and a plan for maintenance and safekeeping of the patient records
						are provided to the commissioner and written approval obtained. Such plan shall
						include referral of patients in need of such services to an alternate provider,
						if available.
(b) A home care
						services agency shall notify each patient concerned, the patient's family, and
						the patient's physician, if any, at least 30 days prior to the voluntary
						surrender of a license or as directed in an order of revocation, suspension,
						limitation or annulment.
(c) A
						license of a home care services agency may be revoked, suspended, limited or
						annulled by the commissioner on proof that it has failed to comply with the
						provisions of article 36 of the Public Health Law or the rules and regulations
						promulgated thereunder.
(d) No such
						license shall be revoked, suspended, limited, annulled or denied without a
						hearing. However, a license may be temporarily suspended or limited without a
						hearing for a period not in excess of 30 days upon written notice to the agency
						following a finding by the department that the public health or safety is in
						imminent danger.
(e) The
						commissioner shall fix a time and place for the hearing. A copy of the charges,
						together with the notice of the time and place of the hearing, shall be served
						in person or mailed by registered or certified mail to the agency at least 21
						days before the date fixed for the hearing. The agency shall file with the
						department not less than eight days prior to the hearing, a written answer to
						the charges.
(f) All orders or
						determinations hereunder shall be subject to review as provided in article 78
						of the Civil Practice Law and Rules. Application for such review must be made
						within 60 days after service in person or by registered or certified mail of a
						copy of the order or determination upon the application or agency.
(g) A home care services agency license shall
						be promptly surrendered to the department when revoked, suspended, limited or
						annulled by the commissioner, or when the agency terminates services.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.2 - Patient service policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The governing authority shall ensure for
					 each health care service provided that:
(1)
					 written policies and procedures consistent with current professional standards
					 of practice are developed and implemented for each service and are reviewed and
					 revised as necessary;
(2) that the
					 delivery of each service is documented in the clinical record;
(3) to the extent possible, services are
					 provided by the same personnel to the same patient;
(4) persons providing care in the home
					 display proper and current identification, including name, title and current
					 photograph of care provider and name of agency providing the service, to be
					 returned to the agency upon termination of employment;
(5) written policies and procedures for the
					 storage, cleaning and disinfection of medical supplies, equipment and
					 appliances are established;
(6)
					 professional staff evaluate the appropriateness, cleanliness and safety of
					 equipment prescribed;
(7) any
					 nursing or therapeutic service, procedure or treatment not previously provided
					 in homes by the agency is first reviewed by the quality improvement committee
					 as described in section
					 766.9 of this Part before being
					 provided routinely. If the needs of a patient require such a service, procedure
					 or treatment, it may be implemented prior to review by the quality improvement
					 committee if:
(i) medical consultation has
					 been obtained regarding safety and appropriateness; and
(ii) staff have been trained to provide that
					 specific service, procedure or treatment;
(8) a discharge plan is initiated prior to
					 agency discharge of the patient in order to assure a timely, safe and
					 appropriate transition for the patient; and
(9) a patient is discharged by the agency
					 after notification of the authorized practitioner, as defined in section
					 766.4(b) of this
					 Part, and consultation with the patient and any other professional staff
					 involved in coordinating the plan of care, no less than 48 hours prior to
					 patient discharge.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.3 - Plan of care

Current through Register Vol. 46, No. 28, July 10, 2024
The governing authority or operator shall ensure
						that:
(a) all patients are accepted
					 for health care services only after a determination has been made by a
					 registered professional nurse or by an individual directly supervised by a
					 registered professional nurse that the patient's needs can be safely and
					 adequately met by the agency;
(b) a
					 plan of care is established for each patient based on a professional assessment
					 of the patient's needs and includes pertinent diagnosis, prognosis, need for
					 palliative care, mental status, frequency of each service to be provided,
					 medications, treatments, diet regimens, functional limitations and
					 rehabilitation potential;
(c)
					 orders for therapy services shall include the specific procedures and
					 modalities to be used and the amount, frequency and duration of such services;
					 and
(d) the plan of care is
					 reviewed and revised as frequently as necessary to reflect the changing care
					 needs of the patient, but no less frequently than every six months;
(1) each review shall be documented in the
					 clinical record; and
(2) agency
					 professional personnel shall promptly alert the patient's authorized
					 practitioner and other affected care providers to any significant changes in
					 the patient's condition that indicate a need to alter the plan of
					 care.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.4 - Medical Orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 governing authority or operator shall ensure that an order from the patient's
					 authorized practitioner is established and documented for the health care
					 services the agency provides to those patients who:
(1) are being actively treated by an
					 authorized practitioner for a diagnosed health care problem;
(2) have a health care need or change in
					 physical status requiring medical intervention; or
(3) are advanced home health aide, home
					 health aide, or personal care services patients of a certified home health
					 agency.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.5 - Clinical supervision

Current through Register Vol. 46, No. 28, July 10, 2024
The governing authority shall ensure for all health care
						services that:
(a) sufficient numbers
					 of appropriately trained and oriented supervisory staff are available to ensure
					 the quality of patient care services provided by the agency. Such supervision
					 shall include:
(1) ongoing review of cases and
					 delegation of assignments by appropriate health care professionals;
(2) in-home visits to direct, demonstrate and
					 evaluate the delivery of patient care;
(3) provision of clinical consultation;
					 and
(4) professional consultation
					 on agency policies and procedures;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.6 - Patient care record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency
					 shall maintain a confidential record for each patient admitted to care to
					 include:
(1) identifying patient
					 data;
(2) medical orders, if
					 applicable;
(3) nursing assessments
					 conducted to provide services;
(4)
					 an individualized plan of care;
(5)
					 signed and dated progress notes following each patient visit or phone contact
					 by all professional personnel providing care which include a summary of patient
					 status and response to the plan of care and any contacts with family, informal
					 supports and other community resources that are relevant to the patient's
					 condition and treatment;
(6)
					 supervisory reports of the registered professional nurse, licensed practical
					 nurse or the therapist, if applicable, of the advanced home health aide, home
					 health aide, or personal care aide;
(7) observations and reports made to the
					 registered professional nurse, licensed practical nurse or therapist by the
					 advanced home health aide, home health aide, or personal care aide, including
					 activity sheets;
(8) documentation
					 of accidents and incidents;
(9)
					 documentation of the patient's receipt of information regarding his/her rights;
					 and
(10) a discharge summary when
					 the patient is discharged from the agency including:
(i) documentation of discharge planning
					 preparation;
(ii) notification to
					 the patient's authorized practitioner;
(iii) reasons for discharge and date of
					 discharge;
(iv) summary of care
					 given and patient's progress;
(v)
					 patient status upon discharge including a description of any remaining needs
					 for patient care and supportive services;
(vi) patient or family ability to self-manage
					 in relation to any remaining problems; and
(vii) recommendations and referral for any
					 follow-up care, if needed.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.10 - Contracts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The governing
					 authority or operator may enter into contracts with individuals, organizations,
					 agencies and facilities when necessary, to obtain or provide patient care
					 services.
(b) No licensed home care
					 service may be provided by arrangement without a written contract which
					 specifies:
(i) services to be
					 provided;
(ii) manner in which
					 services will be supervised and evaluated;
(iii) charges and other financial
					 arrangements; and
(iv) any
					 provisions made for indemnification between the agency and the contract
					 providers.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.11 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
The governing authority or operator shall ensure for all
						health care personnel:
(a) the
					 development and implementation of written personnel policies and procedures,
					 which are reviewed at least annually and revised as necessary;
(b)
(1)
					 that qualifications for advanced home health aides, home health aides, and
					 personal care aides as specified in section
					 700.2 of this Title are met;
					 and
(2) that the information
					 required by Public Health Law section 3613(3)(a)-(f) has been entered into the
					 home care services worker registry in accordance with Part 403 of this
					 Title.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 766 - Licensed Home Care Services Agencies-minimum Standards › Section 766.12 - Records and reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 governing authority or operator shall ensure the prompt submission of all
					 records and reports required by the department and that:
(1) copies of the following records are
					 retained on file at the principal administrative office in New York State of
					 the home care services agency and available to the department upon request:
(i) the license issued by the department to
					 operate as a home care service agency;
(ii) the certificate of incorporation and any
					 amendments thereto, if applicable;
(iii) partnership agreement, if
					 applicable;
(iv) certificate of
					 doing business under an assumed name, if applicable;
(v) contracts and other agreements related to
					 delivery of patient care entered into by the operator;
(vi) rules and bylaws of the governing
					 authority and quality assurance committees, if applicable;
(vii) current written operating policies and
					 procedures;
(viii) a current
					 patient roster; and
(ix) listing of
					 all personnel;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 768 - Respite Demonstration Projects › Section 768.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Respite shall
					 mean the provision of infrequent and temporary substitute care or supervision
					 of frail or disabled adults on behalf of and in the absence of the care-giver,
					 for the purpose of providing relief from the stresses or responsibilities
					 concomitant with providing constant care, so as to enable the care-giver to
					 maintain a normal routine. Respite shall be limited to periods of three
					 consecutive hours or longer, but not to exceed six weeks in any calendar year
					 for any individual.
(b) Care-giver
					 shall mean the family member or other natural person who normally provides the
					 daily care or supervision of a frail or disabled adult. Such care-giver may,
					 but need not, reside in the same household as the frail or disabled
					 adult.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 768 - Respite Demonstration Projects › Section 768.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Certified home
					 health agencies shall be permitted, with the prior approval of the
					 commissioner, to participate in respite demonstration projects pursuant to
					 section
					 131-p of
					 the Social Services Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 768 - Respite Demonstration Projects › Section 768.3 - Review of applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner's review of applications for respite demonstration projects
					 submitted to the State Department of Social Services pursuant to section
					 131-p of
					 the Social Services Law in regard to any certified home health agency
					 participant shall include, but not be limited to, a review of the following
					 with respect to such participant:
(1)
					 findings of the department from inspections performed pursuant to subdivision
					 1, section 3612 of article 36 of the Public Health Law to determine the
					 adequacy of care rendered patients; and
(2) findings of the department from
					 inspections performed to determine conformance with applicable Federal statutes
					 and regulations for certification of the agency for provider agreements issued
					 pursuant to title XVIII and/or title XIX of the Social Security Act.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 7 - Certified Home Health Agencies and Licensed Home Care Services Agencies › Part 768 - Respite Demonstration Projects › Section 768.4 - Governing authority

Current through Register Vol. 46, No. 28, July 10, 2024
The governing authority of any certified home health
						agency participating in an approved respite demonstration project pursuant to
						section
						131-p of
						the Social Services Law shall:
(a)
					 appoint a staff member as coordinator of respite services who shall have, in
					 addition to other agency duties, the responsibility for the coordination of
					 respite services with other patient services provided by the agency;
					 and
(b) provide respite services in
					 such agency only to persons medically eligible for admission to such
					 agency.