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 6 - Treatment Center and Diagnostic Center Operation › Part 759 - Adult Day Health Care Services For Registrants With Aids and other high-need populations › Section 759.13 - Program evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Quality
					 improvement. The operator must develop and implement a quality improvement
					 process that provides for an annual or more frequent review of the operator's
					 program. Such evaluation must include a profile of the characteristics of the
					 registrants admitted to the program, the services and degree of services most
					 utilized, the length of stay and use rate, registrant need for care and
					 services, and disposition upon discharge. The process must:
(1) include an evaluation of all services in
					 order to enhance the quality of care and to identify actual or potential
					 problems concerning service coordination and clinical performance;
(2) review accident and incident reports,
					 registrant complaints and grievances and the actions taken to address problems
					 identified by the process;
(3)
					 develop and implement revised policies and practices to address problems found
					 and the immediate and systematic causes of those problems; and
(4) assess the impact of the revisions
					 implemented to determine if they were successful in preventing recurrence of
					 past problems.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 6 - Treatment Center and Diagnostic Center Operation › Part 759 - Adult Day Health Care Services For Registrants With Aids and other high-need populations › Section 759.14 - Payment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payments to
					 adult day health care programs by State government agencies. A program may only
					 bill for one visit per registrant per day.
(b) Payments to adult day health care
					 programs by managed care organizations or care coordination models:
(1) Payments shall be made in accordance with
					 the negotiated agreement between the adult day health care program and the
					 managed care organization or care coordination model.
(2) The full range of adult day health care
					 services shall be available to registrants with a documented need for such
					 services. Based on a registrant's individual needs, as determined in the
					 comprehensive assessment, the managed care organization or care coordination
					 model may order less than the full range of adult day health care services.
					 Nothing shall prohibit adult day health care programs and managed care
					 organizations or care coordination models from agreeing to reimbursement terms
					 that reflect a registrant's receipt of less than the full range of adult day
					 health care 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 760 - Certified Home Health Agency Establishment › Section 760.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, unless the context indicates
						otherwise, the following terms shall have the following meanings.
(a) Sponsor means:
(1) any governmental subdivision, a sole
					 proprietor, a partnership and each member thereof, a corporation and the
					 officers and principal stockholders thereof, or other operator that is
					 requesting or has received approval to operate a certified home health 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 760 - Certified Home Health Agency Establishment › Section 760.4 - Amendments to applications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application made to the Public Health Council pursuant to this Part 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 certificate of
					 approval, 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 health systems agency having geographic
					 jurisdiction and the State Hospital Review and Planning Council for their
					 reevaluation and recommendations. The approval of the Public Health Council
					 must be obtained for any amended application. Each of the following shall
					 constitute an amendment:
(1) any change of
					 five percent or more in the agency's proposed annual operating
					 budget;
(2) any change in the
					 proposed patient case capacity;
(3)
					 any change in the types of services to be provided;
(4) any change in the agency's proposed
					 service area;
(5) any change in the
					 principals of the applicant as considered 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 760 - Certified Home Health Agency Establishment › Section 760.5 - Determinations of public need

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) The following methodology shall be
					 utilized in the evaluation of applications involving the establishment and/or
					 construction of certified home health agencies, excluding long-term home health
					 care programs, in order to determine the need for such agencies. It is intended
					 that this methodology, when used in conjunction with the planning standards and
					 criteria set forth in section
					 709.1 of this Title, which are
					 also applicable to the determination of need for certified home health agencies
					 and which are incorporated herein, represent a statement of basic principles
					 and planning/decisionmaking tools for guiding and directing the development and
					 expansion of certified home health agencies throughout the State. The
					 methodology is conceptually based on the application of uniform planning
					 objectives at the health systems agency and/or State level. Its purpose is to
					 provide guidance, to permit flexibility and to assist the health systems
					 agencies, the State Hospital Review and Planning Council, the Public Health
					 Council, the commissioner and potential applicants in determining the estimated
					 need for certified home health agencies. The objective of the methodology is to
					 ensure that an adequate supply of certified home health agency capacity is
					 available and accessible, while at the same time avoiding the proliferation of
					 unneeded agencies. The application of the methodology is expected to result in
					 reducing the need for institutional acute and long-term care by developing and
					 expanding the availability of certified home health agency services which may
					 serve as appropriate alternatives to institutional care.
(2) In making determinations of public need
					 under this section prior to January 1, 1988, calculations of total projected
					 need, projections of met need, and determinations of standard agency case
					 capacity shall be based on agencies that have reported nursing cases by age and
					 sex cohorts in diagnostic categories to the department on forms provided by the
					 department regardless of whether such cases were admissions of the reporting
					 agency or admissions of another agency for which the reporting agency provided
					 services through contract arrangement.
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 760 - Certified Home Health Agency Establishment › Section 760.6 - 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 760 - Certified Home Health Agency Establishment › Section 760.7 - 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
					 or action contrary to the recommendation of the State Hospital Review and
					 Planning Council or a health systems agency and affording an opportunity to
					 request a public hearing shall be transmitted to the applicant, the State
					 Hospital Review and Planning Council, the appropriate health systems agency 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 760 - Certified Home Health Agency Establishment › Section 760.8 - Failure to implement an application

Current through Register Vol. 46, No. 28, July 10, 2024
The failure, neglect or refusal of an applicant for the
						establishment of a new certified home health agency to obtain a certificate of
						approval and commence operation of the certified home health 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 760 - Certified Home Health Agency Establishment › Section 760.9 - Revocation, limitation or annulment of approvals of establishment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An approval of
					 establishment may be revoked, limited or annulled by the Public Health Council
					 if the council finds that:
(1) the
					 established operator has been guilty of fraud or deceit in procuring such
					 approval of establishment, has made statements or furnished information in
					 support of the application which were not true, accurate, or complete in any
					 material respect or has failed to make services available to the population
					 groups or in the service area as proposed in the application as
					 approved;
(2) the agency's
					 certificate of approval has been revoked, limited or annulled pursuant to the
					 applicable provisions of law;
(3)
					 the established 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 established operator has been
					 convicted in a court of competent jurisdiction, either within or outside of the
					 State, of a crime; or
(5) the
					 established operator has transferred ownership interest in the operation of the
					 agency or the operator has terminated participation in the operation of the
					 agency without obtaining prior Public Health Council approval, 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 760 - Certified Home Health Agency Establishment › Section 760.10 - 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 applicants shall
					 be made within 20 days after notification that such request may be made. If
					 such request is made by the State Hospital Review and Planning Council or by a
					 health systems agency, it must be made within 10 days subsequent to the meeting
					 of such council or agency which took place 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 760 - Certified Home Health Agency Establishment › Section 760.11 - Establishment 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 certified home health agency shall
						provide, in addition to meeting the other applicable requirements of this Part,
						information, documents and data as follows:
(a) a photocopy of the executed existing or
					 proposed applicable corporated 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 760 - Certified Home Health Agency Establishment › Section 760.12 - Establishment 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 certified home health agency shall provide,
						in addition to meeting the other applicable requirements of this Part,
						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 760 - Certified Home Health Agency Establishment › Section 760.13 - 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 certified home health 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 Part. 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 Part,
						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;
(e) a
					 financial statement setting forth the purchase price of the interest in the
					 business being sold and the financial resources available to make such
					 purchase, or the basis on which such transfer is to be financed;
(f) where any transfer is to be by gift, a
					 statement of the relationship between the donor and the donee; and
(g) 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 760 - Certified Home Health Agency Establishment › Section 760.14 - 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 certified
					 home health 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 Part. 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 Part, information, documents and data as
					 follows:
(1) a statement identifying the
					 number of shares of stock or voting rights thereunder to be acquired, the
					 percentage of the total issued and outstanding stock represented by such
					 shares, the name and address of the transferor and the purchase price of the
					 shares to be transferred;
(2) the
					 financial resources available for the acquisition of the shares to be
					 transferred, or the basis on which such transfer is to be financed;
(3) if such transfer of stock is to be by
					 gift, a statement of the relationship between the donor and the donee;
					 and
(4) such additional pertinent
					 information or documents necessary for 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 760 - Certified Home Health Agency Establishment › Section 760.15 - 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 certified home health agency not covered in section 760.13 or
						760.14 of this Part. Changes
						covered in section 760.13 or
						760.14 of this Part shall require
						the 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 certified home health agency other than a change subject to prior
					 approval pursuant to section 760.13 or
					 760.14 of this Part, 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 Part. A
					 person seeking approval as a controlling person of the operator of a certified
					 home health 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 Part.
(2) Pending a decision by the Public Health
					 Council, an applicant shall refrain from exercising control over the certified
					 home health 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 760 - Certified Home Health Agency Establishment › Section 760.16 - Limitation on transfer

Current through Register Vol. 46, No. 28, July 10, 2024
Any transfer pursuant to section 760.13 or
						760.14 of this Part shall be
						completed within 90 days of issuance by the Public Health Council of its
						approval for such transfer unless extended by the he 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 prescribed time 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 761 - Certified Home Health Agency, Long Term Home Health Care Program And Aids Home Care Program Certification And Authorization › Section 761.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part shall
					 apply to certified home health agencies, long term home health care programs
					 and AIDS home care programs, hereafter also referred to in this Part as the
					 agency.
(b) Certified home health
					 agencies must be established by the Public Health Council and possess a
					 certificate of approval issued by the commissioner, hereafter referred to in
					 this Part as an operating certificate.
(c) Long term home health care programs must
					 be approved by the commissioner and possess a certificate of authorization
					 issued by the commissioner, hereinafter referred to as an operating
					 certificate. If a long term home health care program is authorized by the
					 commissioner to provide an AIDS home care program, the long term home health
					 care program operating certificate shall state such authorization.
(d) An AIDS home care program provided by an
					 AIDS center hospital shall be approved by the commissioner and shall possess a
					 certificate of authorization issued by the commissioner, hereafter referred to
					 as an operating certificate.
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 761 - Certified Home Health Agency, Long Term Home Health Care Program And Aids Home Care Program Certification And Authorization › Section 761.2 - Operating certificates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner shall issue an operating certificate to any home care services
					 agency qualified to participate as a home health agency under titles XVIII and
					 XIX of the Federal Social Security Act and which agrees to participate in such
					 programs, applying therefore, and which complies with the provisions of article
					 36 of the Public Health Law and the applicable provisions of this Title. No
					 home care services agency shall hold itself out to be a certified home health
					 agency, long term home health care program, or AIDS home care program unless it
					 possesses such valid operating certificate.
(b) The operating certificate shall be posted
					 conspicuously at the principal administrative office of the agency and shall
					 state the health care services the agency is approved to provide; the
					 geographic service area; and for long term home health care programs, a
					 designated patient capacity and whether the long term home health care program
					 is authorized to provide an AIDS home care program.
(c) An operating certificate may be revoked,
					 suspended, limited or annulled by the commissioner according to the provisions
					 of article 36 of the Public Health Law on proof that the agency has failed to
					 comply with the provisions of the statute or the rules and regulations
					 promulgated for the establishment, approval and/or operation of such
					 agencies.
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 761 - Certified Home Health Agency, Long Term Home Health Care Program And Aids Home Care Program Certification And Authorization › Section 761.3 - Action required upon surrender or loss of an operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
An agency shall notify each patient concerned, the
						patient's family and the patient's physician, at least 30 days prior to the
						voluntary surrender of the operating certificate or as directed in an order of
						revocation, suspension, limitation or annulment issued by the
						commissioner.
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 761 - Certified Home Health Agency, Long Term Home Health Care Program And Aids Home Care Program Certification And Authorization › Section 761.4 - Notice and approval required to discontinue operation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No agency shall discontinue operation or
					 surrender its operating certificate unless at least 90 days' written notice of
					 its intention to do so and a plan for the continuation of care for each of the
					 patients on its roster are given to the commissioner and prior written approval
					 is obtained. The commissioner shall not approve an agency to discontinue
					 operation unless he is satisfied as to the adequacy of the plan for the
					 continuation of the care of patients and the agency has complied with the
					 requirements of subdivision (c) of this section concerning clinical
					 records.
(b) An operating
					 certificate shall be surrendered promptly to the department when revoked,
					 suspended, limited or annulled by the commissioner, or when the agency
					 terminates service.
(c) In the
					 event that an agency discontinues operation for any reason, the governing
					 authority, immediately preceding the discontinuance of the operation of the
					 agency shall make effective arrangements to maintain, store, assure access to
					 and make available upon request, all clinical records for a period of not less
					 than six years after discharge from the agency or program and, in the case of a
					 minor, six years after discharge from the agency or program or three years
					 beyond majority, whichever period is longer. The governing authority shall
					 notify the department in writing as to the arrangements made for the clinical
					 records and the address where such records will be stored and made
					 available.
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 761 - Certified Home Health Agency, Long Term Home Health Care Program And Aids Home Care Program Certification And Authorization › Section 761.5 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 761 - Certified Home Health Agency, Long Term Home Health Care Program And Aids Home Care Program Certification And Authorization › Section 761.6 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 761 - Certified Home Health Agency, Long Term Home Health Care Program And Aids Home Care Program Certification And Authorization › Section 761.7 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 762 - Approval Of Home Care Programs And Program Changes › Section 762.1 - Long term home health care program and aids home care program approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A long term
					 home health care program may be provided by a certified home health agency or
					 by a residential health care facility or hospital possessing a valid operating
					 certificate issued under article 28 of the Public Health Law.
(b) An AIDS home care program may be provided
					 by a long term home health care program or an AIDS center as defined in Part
					 405 of this Title specifically authorized pursuant to article 36 of the Public
					 Health Law to provide an AIDS home care program.
(c) An AIDS home care program provided by an
					 AIDS center shall mean a long term home health care program which is authorized
					 only to provide an AIDS home care program and which shall comply with the
					 standards of organization and administration for a long term home health care
					 program set forth in Part 763 of this Chapter.
(d) No agency or facility shall provide a
					 long term home health care program or an AIDS home care program as defined in
					 Part 700 of this Chapter without a written authorization of the commissioner to
					 provide such a program, in accordance with the provisions of article 36 of the
					 Public Health Law.
(e) A long term
					 home health care program that does not obtain authorization to provide an AIDS
					 home care program shall not be precluded from providing services within its
					 existing authority to patients who are diagnosed as having AIDS, or are deemed
					 by a physician, within his or her judgment, to be infected with the etiologic
					 agent of acquired immune deficiency syndrome, and who have an illness,
					 infirmity or disability which can be reasonably ascertained to be associated
					 with such infection.
(f) A
					 hospital, residential health care facility, or certified home health agency
					 seeking authorization to provide a long term home health care program shall
					 transmit to the commissioner an application setting forth the scope of the
					 proposed program. Such application shall be on forms provided by the
					 commissioner.
(1) The commissioner shall
					 transmit the application to the State Hospital Review and Planning Council and
					 to the health systems agency having geographic jurisdiction of the area where
					 the proposed program is to be located.
(2) The State Hospital Review and Planning
					 Council and health systems agency shall have an opportunity to recommend
					 approval or disapproval of the application by the commissioner.
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 762 - Approval Of Home Care Programs And Program Changes › Section 762.2 - Certified home health agency, long term home health care program and aids home care program construction

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Certified home health agency or long term home health care program construction
					 as defined in section
					 3602
					 (12) of the Public Health Law shall require
					 the prior approval of the commissioner in accordance with the provisions of
					 article 36 of the Public Health Law.
(b) For purposes of this Part:
(1) Total project costs shall include total
					 costs for construction contracts, if any, including, but not limited to costs
					 for demolition work, site preparation, actual construction and contingencies,
					 total costs for real property, for fixed and movable equipment, architectural
					 and/or engineering fees, capitalized amounts of working capital and
					 construction loan interest costs, and other financing, professional and
					 ancillary fees and charges. Such costs shall include the cost of all capital
					 items associated with an acquisition, lease arrangement and/or construction. If
					 any acquisition is to be effectuated through a leasing arrangement, the
					 relevant cost shall be the cost of the asset, if purchased, or fair market
					 value, whichever is greater, not the lease amount.
(2) Annual operating costs shall include the
					 total costs incurred in conducting the operation of a certified home health
					 agency or long term home health care program during the agency's fiscal year,
					 including but not limited to depreciation, rent utilities, salaries, supplies
					 and equipment.
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 762 - Approval Of Home Care Programs And Program Changes › Section 762.3 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
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 762 - Approval Of Home Care Programs And Program Changes › Section 762.4 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
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 763.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes minimum requirements and operating
						standards for certified home health agencies, long term home health care
						programs and AIDS home care programs. For the purposes of this Part, these
						entities shall be referred to as "agency" unless the regulation specifies
						otherwise.
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 763.3 - Patient care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The governing
					 authority shall ensure that a comprehensive array of services is available and
					 provided as needed.
(1) For a certified home
					 health care agency, such services shall include, as a minimum, the following
					 services which are of a preventive, therapeutic, rehabilitative, health
					 guidance and/or supportive nature to persons at home: nursing services; home
					 health aide services; medical supplies, equipment and appliances suitable for
					 use in the home; and at least one additional service which may include, but not
					 be limited to, the provision of physical therapy, occupational therapy,
					 speech/language pathology, nutritional services and social work
					 services.
(2) For a long term home
					 health care program or AIDS home care program, such services shall include as a
					 minimum: nursing services; home health aide services; medical supplies,
					 equipment and appliances; physical therapy; occupational therapy; respiratory
					 therapy; speech- language pathology; audiology; medical social work;
					 nutritional services; personal care; homemaker and housekeeper
					 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 763 - Certified Home Health Agencies, Long Term Home Health Care Programs And Aids Home Care Programs Minimum Standards › Section 763.4 - Policies and procedures of service delivery

Current through Register Vol. 46, No. 28, July 10, 2024
The agency shall ensure that:
(a) 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;
(b) protocols are
					 developed for each professional discipline to indicate when that service should
					 be included in the patient assessment;
(c) any nursing or therapeutic services,
					 procedures or treatments, not previously carried out in the home by that
					 agency, are first reviewed by the professional advisory committee before being
					 provided regularly. If a patient needs such service, procedure or treatment, it
					 may be provided prior to review by the professional advisory committee, if:
(1) medical consultation has been obtained
					 regarding safety and appropriateness; and
(2) personnel have been trained to provide
					 that specific service, procedure or treatment;
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 763.5 - Patient referral, admission and discharge

Current through Register Vol. 46, No. 28, July 10, 2024
The governing authority shall ensure that decisions
						regarding patient referral, admission and discharge are made based on the
						patient's assessed needs and the agency's ability to meet those needs in a
						manner that protects and promotes the patient's health and safety and does not
						jeopardize the safety of personnel. Such decisions shall reflect a commitment
						to providing authorized practitioner ordered care and services while honoring
						the patient's expressed needs and choices to the extent practicable and shall
						be made in accordance with the provisions of this section. For the purposes of
						this Part, authorized practitioner shall refer to a doctor of medicine, a
						doctor of osteopathy, a doctor of podiatry or any other practitioner authorized
						under Federal and State law and applicable rules and regulations to provide
						medical care and services to the patient.
(a) The initial patient visit shall be made
					 within 24 hours of receipt and acceptance of a community referral or return
					 home from institutional placement unless:
(1)
					 the patient's authorized practitioner orders otherwise; or
(2) there is written documentation that the
					 patient or family refuses such a visit.
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 763.6 - Patient assessment and plan of care

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A comprehensive interdisciplinary patient
					 assessment shall be completed, involving, as appropriate, a representative of
					 each service needed, the patient, the patient's family or legally designated
					 representative and patient's authorized practitioner. Such assessment shall
					 address, at a minimum, the medical, social, mental health and environmental
					 needs of the patient.
(b) A plan of
					 care shall be developed within 10 days of admission to the agency and approved
					 by the patient based on the comprehensive interdisciplinary patient assessment.
					 The plan shall designate a professional person employed by the agency to be
					 responsible for coordinating care which includes but is not limited to:
(1) coordination of all services provided
					 directly or by contract to the patient by the agency, informal supports and
					 other community resources to carry out the agency's plan of care;
(2) cooperation with other health, social and
					 community organizations providing or coordinating care;
(3) consultation with the patient's
					 authorized practitioner, the local social services representative and discharge
					 planner, if applicable. If an authorized practitioner has referred a patient
					 under a plan of care that cannot be completed until after an evaluation visit,
					 the authorized practitioner shall be consulted to approve additions or
					 modifications to the original plan; and
(4) responsibility for maintaining current
					 clinical records, conducting case reviews and completing required
					 patient-specific records and reports, as appropriate.
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 763.7 - Clinical records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The agency
					 shall maintain a confidential clinical record for each patient admitted to care
					 or accepted for service to include:
(1)
					 identifying patient data;
(2)
					 source of patient referral, including, where applicable, name and type of
					 institution from which discharged, discharge summary and plan of care and date
					 of discharge;
(3) medical orders
					 and nursing diagnoses to include all diagnoses, medications, treatments,
					 prognoses, and need for palliative care. Such orders shall be:
(i) signed by the authorized practitioner
					 within 12 months after admission to the agency, or prior to billing, whichever
					 is sooner;
(ii) signed by the
					 authorized practitioner within 12 months after issuance of any change in
					 medical orders or prior to billing, whichever is sooner, to include all written
					 and oral changes and changes made by telephone by such practitioner;
					 and
(iii) renewed by the authorized
					 practitioner as frequently as indicated by the patient's condition but at least
					 every 60 days;
(4) the
					 comprehensive interdisciplinary patient assessment;
(5) the individualized plan of
					 care;
(6) signed and dated progress
					 notes, following each patient contact by each professional person providing
					 care, which shall include a summary of patient status and response to plan of
					 care and, if applicable, contacts with family, informal supports and other
					 community resources, and a brief summary of care provided at the termination of
					 each service;
(7) observations and
					 reports made to the registered professional nurse, licensed practical nurse or
					 supervising 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, completed by
					 appropriate personnel when the patient is discharged from the agency, including
					 but not limited to:
(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 763 - Certified Home Health Agencies, Long Term Home Health Care Programs And Aids Home Care Programs Minimum Standards › Section 763.8 to 763.10 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024