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 766.9 - Governing authority

Current through Register Vol. 46, No. 28, July 10, 2024
The governing authority or operator, as defined in Part
						700 of this Title, of a licensed home care services agency shall:
(a) be responsible for the management and
					 operation of the agency;
(b) ensure
					 compliance of the home care services agency with all applicable Federal, State
					 and local statutes, rules and regulations;
(c) ensure the development of a written
					 emergency plan which is current and includes procedures to be followed to
					 assure health care needs of patients continue to be met in emergencies that
					 interfere with delivery of services, and orientation of all employees to their
					 responsibilities in carrying out such a plan;
(d) adopt and approve amendments to written
					 policies regarding the management and operation of the home care services
					 agency and the provision of health care services;
(e) make available to the public information
					 concerning the services which it offers, the geographic area in which these
					 services are made available, the charges for the various types of service and
					 the payment mechanisms which may be available for such services;
(f) provide an office facility or facilities
					 equipped and sufficient in size to permit the efficient conduct of business
					 including access to patient records by all professional staff providing care
					 and prompt telephone contact to and from patients, referral agencies or
					 facilities, and other home care services agencies;
(g) employ or contract for a sufficient
					 number of staff to coordinate, direct and deliver services to patients accepted
					 for care in accordance with prevailing standards of professional
					 practice;
(h) employ at least one
					 licensed and currently registered professional nurse whose educational and
					 experiential qualifications are deemed appropriate by the employing agency for
					 the duties assigned, to be responsible for the direction and supervision of all
					 patient care services and other health care activities of the agency;
(i) accept and retain for services only those
					 persons whose health care needs can be safely and adequately met by the agency
					 according to criteria specified in written agency policies;
(j) ensure the development and implementation
					 of a patient complaint procedure to include:
(1) documentation of receipt, investigation
					 and resolution of any complaint, including the maintenance of a complaint log
					 indicating the dates of receipt and resolution of all complaints received by
					 the agency;
(2) review of each
					 complaint with a written response to all written complaints and to oral
					 complaints, if requested by the individuals making the oral complaint:
(i) explaining the complaint investigation
					 findings and the decisions rendered to date by the agency within 15 days of
					 receipt of such complaint; and
(ii)
					 advising the complainant of the right to appeal the outcome of the agency's
					 complaint investigation and the appeal procedure to be followed;
(3) an appeals process with review
					 by a member or committee of the governing authority within 30 days of receipt
					 of the appeal; and
(4) notification
					 to the patient or his or her designee that if the patient is not satisfied by
					 the agency's response, the patient may complain to the Department of Health's
					 Office of Health Systems Management;