reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part IV - Support Services › Section 12VAC5-371-400

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: §§
												32.1-12
						and
						32.1-127 of the Code
						of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part V - Physical Environment › Section 12VAC5-371-410 - Architectural drawings and specifications

Current through Register Vol. 40, No. 24, July 15, 2024
A. All construction of new buildings and
				  additions, renovations, alterations, or repairs of existing buildings for
				  occupancy as a nursing facility shall conform to state and local codes, zoning
				  ordinances, and the Virginia Uniform Statewide Building Code (13VAC5-63).
In addition, nursing facilities shall be designed and
					 constructed consistent with Parts 1 and 2 and section 3.1 of Part 3 of the 2018
					 Guidelines for Design and Construction of Residential Health, Care, and Support
					 Facilities of the Facility Guidelines Institute pursuant to §
											32.1-127.001
					 of the Code of Virginia.
B.
				  Architectural drawings and specifications for all new construction or for
				  additions, alterations or renovations to any existing building, shall be dated,
				  stamped with professional seal, and signed by the architect. The architect
				  shall certify that the drawings and specifications were prepared to conform to
				  the Virginia Uniform Statewide Building Code and be consistent with Parts 1 and
				  2 and section 3.1 of Part 3 of the 2018 Guidelines for Design and Construction
				  of Residential Health, Care, and Support Facilities of the Facility Guidelines
				  Institute.
C. Additional approval
				  may include a Certificate of Public Need.
D. Upon completion of the construction, the
				  nursing facility shall maintain a complete set of legible "as built" drawings
				  showing all construction, fixed equipment, and mechanical and electrical
				  systems, as installed or built.
Statutory Authority: §§
												32.1-127 and
						32.1-127.001
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part V - Physical Environment › Section 12VAC5-371-420 - Building inspection and classification

Current through Register Vol. 40, No. 24, July 15, 2024
All buildings shall be inspected and approved as required
					 by the appropriate building regulatory entity. Approval shall be a Certificate
					 of Use and Occupancy indicating the building is classified for its proposed
					 licensed purpose.
Statutory Authority: §§
												32.1-127 and
						32.1-127.001
						of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part V - Physical Environment › Section 12VAC5-371-425 - Additional building regulations and standards

Current through Register Vol. 40, No. 24, July 15, 2024
A. Water shall be obtained from an approved
				  water supply system. Nursing facilities shall be connected to sewage systems
				  approved by the Department of Health or the Department of Environmental
				  Quality.
B. Each nursing facility
				  shall establish a monitoring program for the internal enforcement of all
				  applicable fire and safety laws and regulations.
C. The nursing facility's food services
				  operation shall comply with 12VAC5-421.
D. Nursing facility pharmacy services shall
				  comply with Chapter 33 (§ 54.1-3300 et seq.) of Title 54.1 of the Code of
				  Virginia and 18VAC110-20.
Statutory Authority
§§ 32.1-12 and 32.1-127 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part V - Physical Environment › Form - FORMS (12VAC5-371)

Current through Register Vol. 40, No. 24, July 15, 2024
Application for License Renewal: Nursing Homes (rev.
					 9/06).
Application for License Renewal: Nursing Homes; Mid Year,
					 Initial and Changes (rev. 9/06).
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 371 - REGULATIONS FOR THE LICENSURE OF NURSING FACILITIES › Part V - Physical Environment › Section - DOCUMENTS INCORPORATED BY REFERENCE (12VAC5-371)

Current through Register Vol. 40, No. 24, July 15, 2024
Guidelines for Design and Construction of Residential
					 Health, Care, and Support Facilities, 2018 Edition, Facility Guidelines
					 Institute
http://www.fgiguidelines.org
Guidelines for Preventing Health Care-Associated Pneumonia,
					 2003, MMWR 53 (RR03), Advisory Committee on Immunization Practices, Centers for
					 Disease Control and Prevention
Prevention and Control of Influenza, MMWR 53 (RR06),
					 Advisory Committee on Immunization Practices, Centers for Disease Control and
					 Prevention
Statutory Authority: §§
												32.1-12
						and
						32.1-102.2 of the
						Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-20 - License

Current through Register Vol. 40, No. 24, July 15, 2024
A. A license to
				  operate a home care organization is issued to a person. However, no license
				  shall be issued to a person who has been sanctioned pursuant to 42 USC §
				  1320a-7b. Persons planning to seek federal certification or national
				  accreditation pursuant to § 32.1-162.8 of the Code of Virginia must first
				  obtain state licensure.
B. The
				  commissioner shall issue or renew a license to establish or operate a home care
				  organization if the commissioner finds that the home care organization is in
				  compliance with the law and this regulation.
C. The commissioner may issue a license to a
				  home care organization authorizing the licensee to provide services at one or
				  more branch offices serving portions of the total geographic area served by the
				  licensee, provided each branch office operates under the supervision and
				  administrative control of the licensee. The address of each branch office at
				  which services are provided by the licensee shall be included on any license
				  issued to the licensee.
D. Every
				  home care organization shall be designated by an appropriate name. The name
				  shall not be changed without first notifying the OLC.
E. Licenses shall not be transferred or
				  assigned.
F. Any person
				  establishing, conducting, maintaining, or operating a home care organization
				  without a license shall be guilty of a Class 6 felony according to §
				  32.1-162.15 of the Code of Virginia.
Statutory Authority: §§ 32.1-12 and
						32.1-162.12 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-30 - Exemption from licensure

Current through Register Vol. 40, No. 24, July 15, 2024
A. This
				  chapter is not applicable to those individuals and home care organizations
				  listed in § 32.1-162.8 of the Code of Virginia. Organizations planning to
				  seek federal certification as a home health agency or national accreditation
				  must first obtain state licensure and provide services to clients before
				  applying for national accreditation or federal certification.
In addition, this chapter is not applicable to those
					 providers of only homemaker, chore or companion services as defined in
					 12VAC5-381-10.
B. A licensed organization requesting
				  exemption must file a written request and pay the required fee stated in
				  12VAC5-381-70 D.
C. The home care organization shall be
				  notified in writing if the exemption from licensure has been granted. The basis
				  for the exemption approval will be stated and the organization will be advised
				  to contact the OLC to request licensure should it no longer meet the
				  requirement for exemption.
D.
				  Exempted organizations are subject to complaint investigations in keeping with
				  state law.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-40 - License application; initial and renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. The OLC provides prelicensure consultation
				  and technical assistance regarding the licensure process. The purpose of such
				  consultation is to explain the regulation and the survey process. Prelicensure
				  consultations are arranged after a completed initial application is on file
				  with the OLC.
B. Licensure
				  applications are obtained from the OLC. The OLC shall consider an application
				  complete when all requested information and the appropriate fee, stated in
				  12VAC5-381-70, is submitted. If
				  the OLC finds the application incomplete, the applicant will be notified in
				  writing.
C. The activities and
				  services of each applicant and licensee shall be subject to an inspection by
				  the OLC to determine if the organization is in compliance with the provisions
				  of this chapter and state law.
D. A
				  completed application for initial licensure must be submitted at least 60 days
				  prior to the organization's planned opening date to allow the OLC time to
				  process the application. An incomplete application shall become inactive six
				  months after it is received by the OLC. Applicants must then reapply for
				  licensure with a completed application and application fee. An application for
				  a license may be withdrawn at any time.
E. Licenses are renewed annually. The OLC
				  shall make renewal applications available at least 60 days prior to the
				  expiration date of the current license.
F. It is the home care organization's
				  responsibility to complete and return a renewal application to assure timely
				  processing. Should a current license expire before a new license is issued, the
				  current license shall remain in effect provided a complete and accurate
				  application was filed on time.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-50 - Compliance appropriate for all types of HCOs

Current through Register Vol. 40, No. 24, July 15, 2024
All organizations shall be in compliance with Part I
					 (12VAC5-381-10 et seq.) and Part II
					 (12VAC5-381-150 et seq.) of this
					 chapter. In addition, organizations shall be in compliance with Part III
					 (12VAC5-381-300 et seq.), Part IV
					 (12VAC5-381-350 ), or Part V
					 (12VAC5-381-360 et seq.) of this
					 chapter as applicable to the services provided by the
					 organization.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-60 - Changes to or reissue of a license

Current through Register Vol. 40, No. 24, July 15, 2024
A. It is the responsibility of the
				  organization's governing body to maintain a current and accurate license.
				  Licenses that are misplaced or lost must be replaced.
B. An organization shall give written
				  notification 30 working days in advance of any proposed changes that may
				  require the reissuance of a license. Notices shall be sent to the attention of
				  the director of the OLC.
The following changes require the reissuance of a license
					 and payment of a fee:
1.
				  Operator;
2. Organization name;
				  or
3. Address.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-70 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. The OLC shall
				  collect a fee of $500 for each initial and renewal license application. Fees
				  shall accompany the licensure application and are not refundable.
B. An additional late fee of $50 shall be
				  collected for an organization's failure to file a renewal application by the
				  date specified.
C. A processing fee
				  of $250 shall be collected for each reissuance or replacement of a license and
				  shall accompany the written request for reissuance or replacement.
D. A one time processing fee of $75 for
				  exemption from licensure shall accompany the written exemption
				  request.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-80 - On-site inspections

Current through Register Vol. 40, No. 24, July 15, 2024
A. An OLC
				  representative shall make periodic unannounced on-site inspections of each home
				  care organization as necessary but not less often than biennially. The
				  organization shall be responsible for correcting any deficiencies found during
				  any on-site inspection. Compliance with all standards will be determined by the
				  OLC according to applicable law.
B.
				  The home care organization shall make available to the OLC's representative any
				  necessary records and shall allow access to interview the agents, employees,
				  contractors, and any person under the organization's control, direction or
				  supervision.
C. After the on-site
				  inspection, the OLC's representative shall discuss the findings of the
				  inspection with the administrator or his designee.
D. The administrator shall submit, within 15
				  working days of receipt of the inspection report, an acceptable plan for
				  correcting any deficiencies found. The plan of correction shall contain:
1. A description of the corrective action or
				  actions to be taken and the personnel to implement the corrective
				  action;
2. The expected correction
				  date;
3. A description of the
				  measures implemented to prevent a recurrence of the violation; and
4. The signature of the person responsible
				  for the validity of the report.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-90 - Home visits

Current through Register Vol. 40, No. 24, July 15, 2024
A. As part of
				  any inspection, an OLC representative may conduct home visits.
B. The home care organization shall be
				  responsible for arranging in-home visits with clients, family members, and
				  caregivers for the OLC representative.
C. The organization shall explain clearly to
				  the client, family or caretaker that the permission for the representative's
				  home visit is voluntary and that consent to the home visit will not affect the
				  client's care or other health benefits.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-100 - Complaint investigations conducted by the OLC

Current through Register Vol. 40, No. 24, July 15, 2024
A. The OLC has the responsibility to
				  investigate any complaints regarding alleged violations of this chapter and
				  applicable law.
B. Complaints may
				  be received in writing or orally and may be anonymous.
C. When the investigation is complete, the
				  licensee and the complainant, if known, will be notified of the findings of the
				  investigation.
D. As applicable,
				  the administrator shall submit, within 15 working days of receipt of the
				  complaint report, an acceptable plan of correction for any deficiencies found
				  during a complaint investigation. The plan of correction shall contain:
1. A description of the corrective action or
				  actions to be taken and the personnel to implement the corrective
				  action;
2. The expected correction
				  date;
3. A description of the
				  measures implemented to prevent a recurrence of the violation; and
4. The signature of the person responsible
				  for the validity of the report.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-110 - Criminal records checks

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Section 32.1-162.9:1 of the Code of Virginia requires home care providers, as
				  defined in § 32.1-162.7 of the Code of Virginia, to obtain a criminal
				  record report on applicants for compensated employment from the Virginia
				  Department of State Police. Section 32.1-162.9:1 of the Code of Virginia also
				  requires that all applicants for employment in home care organizations provide
				  a sworn disclosure statement regarding their criminal history.
B. The criminal record report shall be
				  obtained within 30 days of employment. It shall be the responsibility of the
				  organization to ensure that its employees have not been convicted of any of the
				  barrier crimes listed in § 32.1-162.9:1 of the Code of Virginia.
C. The organization shall not accept a
				  criminal record report dated more than 90 days prior to the date of
				  employment.
D. Only the original
				  criminal record report shall be accepted. An exception is permitted for
				  organizations using temporary staffing agencies for the provision of substitute
				  staff. The organization shall obtain a letter from the temporary staffing
				  agency containing the following information:
1. The name of the substitute staffing
				  person;
2. The date of employment
				  by the temporary staffing agency; and
3. A statement verifying that the criminal
				  record report has been obtained within 30 days of employment, is on file at the
				  temporary staffing agency, and does not contain any barrier crimes listed in
				  § 32.1-162.9:1 of the Code of Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-120 - Variances

Current through Register Vol. 40, No. 24, July 15, 2024
A. The OLC can
				  authorize variances only to its own licensing regulations, not to regulations
				  of another agency or to any requirements in federal, state, or local
				  laws.
B. A home care organization
				  may request a variance to a particular regulation or requirement contained in
				  this chapter when the standard or requirement poses a special hardship and when
				  a variance to it would not endanger the safety or well-being of clients. The
				  request for a variance must describe how compliance with the current regulation
				  is economically burdensome and constitutes a special hardship to the home care
				  organization and to the clients it serves. When applicable, the request should
				  include proposed alternatives to meet the purpose of the requirements that will
				  ensure the protection and well-being of clients. At no time shall a variance
				  approved for one individual be extended to general applicability. The home care
				  organization may at any time withdraw a request for a variance.
C. The OLC shall have the authority to waive,
				  either temporarily or permanently, the enforcement of one or more of these
				  regulations provided safety, client care and services are not adversely
				  affected.
D. The OLC may rescind or
				  modify a variance if (i) conditions change; (ii) additional information becomes
				  known that alters the basis for the original decision; (iii) the organization
				  fails to meet any conditions attached to the variance; or (iv) results of the
				  variance jeopardize the safety, comfort, or well-being of clients.
E. Consideration of a variance is initiated
				  when a written request is submitted to the Director, OLC. The OLC shall notify
				  the home care organization in writing of the receipt of the request for a
				  variance. The OLC may attach conditions to a variance to protect the safety and
				  well-being of the client.
F. The
				  licensee shall be notified in writing if the requested variance is
				  denied.
G. If a variance is denied,
				  expires, or is rescinded, routine enforcement of the regulation or portion of
				  the regulation shall be resumed.
H.
				  The home care organization shall develop procedures for monitoring the
				  implementation of any approved variances to assure the ongoing collection of
				  any data relevant to the variance and the presentation of any later report
				  concerning the variance as requested by the OLC.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-130 - Revocation or suspension of a license

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commissioner is authorized to revoke
				  or suspend any license if the licensee fails to comply with the provisions of
				  Article 7.1 (§ 32.1-162.7 et seq.) of Chapter 5 of Title 32.1 of the Code
				  of Virginia or the regulations of the board.
B. If a license is revoked, the commissioner
				  may issue a new license when the conditions upon which revocation was based
				  have been corrected and compliance with all provisions of the law and this
				  chapter has been achieved.
C. When
				  a license is revoked or suspended, the organization shall cease operations. If
				  the organization continues to operate after its license has been revoked or
				  suspended, the commissioner may request the Office of the Attorney General to
				  petition the circuit court of the jurisdiction in which the home care
				  organization is located for an injunction to cause such home care organization
				  to cease operations.
D. Suspension
				  of a license shall in all cases be for an indefinite time. The suspension may
				  be lifted and rights under the license fully or partially restored at such time
				  as the commissioner determines that the rights of the licensee appear to so
				  require and the interests of the public will not be jeopardized by resumption
				  of operation.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part I - Definitions and General Information › Section 12VAC5-381-140 - Return of a license

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Circumstances under which a license must be returned include, but are not
				  limited to (i) transfer of ownership and (ii) discontinuation of
				  services.
B. The licensee shall
				  notify its clients and the OLC, in writing, 30 days before discontinuing
				  services.
C. If the organization is
				  no longer operational, or the license has been suspended or revoked, the
				  license shall be returned to the OLC within five working days. The licensee
				  shall notify its clients and the OLC where all home care records will be
				  located.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-150 - Management and administration

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  No person shall establish or operate a home care organization, as defined in
				  § 32.1-162.7 of the Code of Virginia, without having obtained a
				  license.
B. The organization must
				  comply with:
1. This chapter
				  (12VAC5-381);
2. Other applicable
				  federal, state or local laws and regulations; and
3. The organization's own policies and
				  procedures.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-160 - Governing body

Current through Register Vol. 40, No. 24, July 15, 2024
A. The organization
				  shall have a governing body that is legally responsible for the management,
				  operation and fiscal affairs of the organization. The governing body of a
				  hospital that operates a home care organization shall include in its internal
				  organization structure an identified unit of home care services.
B. The governing body shall:
1. Determine which services are to be
				  provided by the organization;
2.
				  Ensure that the organization is staffed and adequately equipped to provide the
				  services it offers to clients, whether provided directly by the organization or
				  through contract;
3. Comply with
				  federal and state laws, regulations and local ordinances governing operations
				  of the organization; and
4.
				  Establish a quality improvement committee.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-170 - Administrator

Current through Register Vol. 40, No. 24, July 15, 2024
A. The governing
				  body shall appoint as administrator an individual who has evidence of at least
				  one year of training and experience in direct health care service delivery with
				  at least one year within the last five years of supervisory or administrative
				  management experience in home health care or a related health
				  program.
B. The administrator shall
				  be responsible for the day-to-day management of the organization, including but
				  not limited to:
1. Organizing and supervising
				  the administrative function of the organization;
2. Maintaining an ongoing liaison with the
				  governing body, the professional personnel and staff;
3. Employing qualified personnel and ensuring
				  adequate staff orientation, training, education and evaluation;
4. Ensuring the accuracy of public
				  information materials and activities;
5. Implementing an effective budgeting and
				  accounting system;
6. Maintaining
				  compliance with applicable laws and regulations and implementing corrective
				  action in response to reports of organization committees and regulatory
				  agencies;
7. Arranging and
				  negotiating services provided through contractual agreement; and
8. Implementing the policies and procedures
				  approved by the governing body.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-180 - Written policies and procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The organization shall implement written
				  policies and procedures approved by the governing body.
B. All policies and procedures shall be
				  reviewed at least annually, with recommended changes submitted to the governing
				  body for approval, as necessary.
C.
				  Administrative and operational policies and procedures shall include, but are
				  not limited to:
1. Administrative
				  records;
2. Admission and discharge
				  or termination from service criteria;
3. Informed consent;
4. Advance directives, including Durable Do
				  Not Resuscitate Orders;
5. Client
				  rights;
6. Contract
				  services;
7. Medication management,
				  if applicable;
8. Quality
				  improvement;
9. Mandated reporting
				  of abuse, neglect and exploitation pursuant to § 63.2-1606 of the Code of
				  Virginia;
10. Communicable and
				  reportable diseases;
11. Client
				  records, including confidentiality;
12. Record retention, including termination
				  of services;
13. Supervision and
				  delivery of services;
14. Emergency
				  and on-call services;
15. Infection
				  control;
16. Handling consumer
				  complaints;
17. Telemonitoring;
				  and
18. Approved
				  variances.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-190 - Financial controls

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every
				  applicant for an initial license to establish or operate a home care
				  organization shall include as part of his application a detailed operating
				  budget showing projected operating expenses for the three-month period after a
				  license to operate has been issued. Further, every applicant for an initial
				  license to establish or operate a home care organization shall include as part
				  of his application proof of initial reserve operating funds in the amount
				  sufficient to ensure operation of the home care organization for the
				  three-month period after a license to operate has been issued. Such funds may
				  include:
1. Cash;
2. Cash equivalents that are readily
				  convertible to known amounts of cash and that present insignificant risk of
				  change in value;
3. Borrowed funds
				  that are immediately available to the applicant; or
4. A line of credit that is immediately
				  available to the applicant.
Proof of funds sufficient to meet these requirements shall
					 include a current balance sheet demonstrating the availability of funds, a
					 letter from the officer of the bank or other financial institution where the
					 funds are held, or a letter of credit from a lender demonstrating the current
					 availability of and amount of a line of credit.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-200 - Personnel practices

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Personnel management and employment practices shall comply with applicable
				  state and federal laws and regulations.
B. The organization shall design and
				  implement a staffing plan that reflects the types of services offered and shall
				  provide qualified staff in sufficient numbers to meet the assessed needs of all
				  clients.
C. Employees and
				  contractors shall be licensed or certified as required by the Department of
				  Health Professions.
D. The
				  organization shall design and implement a mechanism to verify professional
				  credentials.
E. Any person who
				  assumes the responsibilities of any staff position or positions shall meet the
				  minimum qualifications for that position or positions.
F. The organization shall obtain the required
				  sworn statement and criminal record check for each compensated employee as
				  specified in § 32.1-162.9:1 of the Code of Virginia.
G. Each employee position shall have a
				  written job description that includes:
1. Job
				  title;
2. Duties and
				  responsibilities required of the position;
3. Job title of the immediate supervisor;
				  and
4. Minimum knowledge, skills,
				  and abilities or professional qualifications required for entry
				  level.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-210 - Indemnity coverage

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  governing body shall ensure the organization and its contractors have
				  appropriate indemnity coverage to compensate clients for injuries and losses
				  resulting from services provided.
B. The organization shall purchase and
				  maintain the following types and minimum amounts of indemnity coverage at all
				  times:
1. Malpractice insurance consistent
				  with § 8.01-581.15 of the Code of Virginia;
2. General liability insurance covering
				  personal property damages, bodily injuries, product liability, and libel and
				  slander of at least $1 million comprehensive general liability per occurrence;
				  and
3. Third-party crime insurance
				  or a blanket fidelity bond of $50,000 minimum.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-220 - Contract services

Current through Register Vol. 40, No. 24, July 15, 2024
A. There
				  shall be a written agreement for the provision of services not provided by
				  employees of the organization.
B.
				  The written agreement shall include, but is not limited to:
1. The services to be furnished by each party
				  to the contract;
2. The
				  contractor's responsibility for participating in developing plans of care or
				  service;
3. The manner in which
				  services will be controlled, coordinated, and evaluated by the primary home
				  care organization;
4. The
				  procedures for submitting notes on the care or services provided, scheduling of
				  visits, and periodic client evaluation;
5. The process for payment for services
				  furnished under the contract; and
6. Adequate liability insurance and
				  third-party crime insurance or a blanket fidelity bond .
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-230 - Client rights

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  organization shall establish and implement written policies and procedures
				  regarding the rights of clients.
B.
				  Client rights shall be reviewed with clients or client designees upon admission
				  to the organization. The review shall be documented in the client's
				  record.
C. Written procedures to
				  implement the policies shall ensure that each client is:
1. Treated with courtesy, consideration and
				  respect and is assured the right of privacy;
2. Assured confidential treatment of his
				  medical and financial records as provided by law;
3. Free from mental and physical abuse,
				  neglect, and property exploitation;
4. Assured the right to participate in the
				  planning of the client's home care, including the right to refuse
				  services;
5. Served by individuals
				  who are properly trained and competent to perform their duties;
6. Assured the right to voice grievances and
				  complaints related to organizational services without fear of
				  reprisal;
7. Advised, before care
				  is initiated, of the extent to which payment for the home care organization
				  services may be expected from federal or state programs, and the extent to
				  which payment may be required from the client;
8. Advised orally and in writing of any
				  changes in fees for services that are the client's responsibility. The home
				  care organization shall advise the client of these changes as soon as possible,
				  but no later than 30 calendar days from the date the home care organization
				  became aware of the change;
9.
				  Provided with advance directive information prior to start of services;
				  and
10. Given at least five days
				  written notice when the organization determines to terminate
				  services.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-240 - Handling complaints received from clients

Current through Register Vol. 40, No. 24, July 15, 2024
A. The organization shall establish and
				  maintain complaint handling procedures that specify the:
1. System for logging receipt, investigation
				  and resolution of complaints; and
2. Format of the written record of the
				  findings of each complaint investigated.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-250 - Quality improvement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  organization shall implement an ongoing, comprehensive, integrated,
				  self-assessment program of the quality and appropriateness of care or services
				  provided, including services provided under contract or agreement. The findings
				  shall be used to correct identified problems and revise policies and practices,
				  as necessary. Exclusive concentration on administrative or cost-of-care issues
				  does not fulfill this requirement.
B. The following data shall be evaluated to
				  identify unacceptable or unexpected trends or occurrences:
1. Staffing patterns and performance to
				  assure adequacy and appropriateness of services delivered;
2. Supervision appropriate to the level of
				  service;
3. On-call
				  responses;
4. Client records for
				  appropriateness of services provided;
5. Client satisfaction;
6. Complaint resolution;
7. Infections;
8. Staff concerns regarding client care;
				  and
9. Provision of services
				  appropriate to the clients' needs.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-260 - Infection control

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  organization shall implement a program to reduce the risk of
				  infection.
B. Infection control
				  activities shall include, but are not limited to:
1. Staff education regarding infection
				  risk-reduction behaviors;
2. Use of
				  universal precautions;
3. Handling,
				  storing, processing and transporting of regulated medical waste according to
				  applicable procedures;
4. Handling,
				  storing, processing and transporting supplies and equipment in a manner that
				  prevents the spread of infections; and
5. Monitoring staff performance in infection
				  control practices.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-270 - Drop sites

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  organization may operate one or more drop sites for the convenience of staff
				  providing direct client care or service. However, such sites shall not:
1. Have staff assigned;
2. Accept referrals; or
3. Be advertised as part of the
				  organization.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-280 - Client record system

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  organization shall maintain an organized client record system according to
				  accepted standards of practice. Written policies and procedures shall specify
				  retention, reproduction, access, storage, content, and completion of the
				  record.
B. The client record
				  information shall be safeguarded against loss or unauthorized use.
C. Client records shall be confidential. Only
				  authorized personnel shall have access as specified by state and federal
				  law.
D. Provisions shall be made
				  for the safe storage of the original record and for accurate and legible
				  reproductions of the original.
E.
				  Policies shall specify arrangements for retention and protection of records if
				  the organization discontinues operation and shall provide for notification to
				  the OLC and the client of the location of the records.
F. An accurate and complete client record
				  shall be maintained for each client receiving services and shall include, but
				  shall not be limited to:
1. Client
				  identifying information;
2.
				  Identification of the primary care physician;
3. Admitting information, including a client
				  history;
4. Information on the
				  composition of the client's household, including individuals to be instructed
				  in assisting the client;
5. An
				  initial assessment of client needs to develop a plan of care or
				  services;
6. A plan of care or
				  service that includes the type and frequency of each service to be delivered
				  either by organization personnel or contract services;
7. Documentation of client rights review;
				  and
8. A discharge or termination
				  of service summary.
In addition, client records for skilled and pharmaceutical
					 services shall include:
9.
				  Documentation and results of all medical tests ordered by the physician or
				  other health care professional and performed by the organization's
				  staff;
10. A medical plan of care
				  including appropriate assessment and pain management;
11. Medication sheets that include the name,
				  dosage, frequency of administration, possible side effects, route of
				  administration, date started, and date changed or discontinued for each
				  medication administered; and
12.
				  Copies of all summary reports sent to the primary care physician.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part II - Administrative Services › Section 12VAC5-381-290 - Home attendants

Current through Register Vol. 40, No. 24, July 15, 2024
Home attendants shall be able to speak, read and write
					 English and shall meet one of the following qualifications:
1. Have satisfactorily completed a nursing
				  education program preparing for registered nurse licensure or practical nurse
				  licensure;
2. Have satisfactorily
				  completed a nurse aide education program approved by the Virginia Board of
				  Nursing;
3. Have certification as a
				  nurse aide issued by the Virginia Board of Nursing;
4. Be successfully enrolled in a nursing
				  education program preparing for registered nurse or practical nurse licensure
				  and have currently completed at least one nursing course that includes clinical
				  experience involving direct client care;
5. Have satisfactorily passed a competency
				  evaluation program that meets the criteria of
				  42 CFR
				  484.36(b). Home attendants
				  of personal care services need only be evaluated on the tasks in
				  42 CFR
				  484.36(b) as those tasks
				  relate to the personal care services to be provided; or
6. Have satisfactorily completed training
				  using the "Personal Care Aide Training Curriculum," 2003 edition, of the
				  Department of Medical Assistance Services. However, this training is
				  permissible for home attendants of personal care services only.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part III - Skilled Services › Section 12VAC5-381-300 - Skilled services

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
				  organization shall provide a program of home health services that shall include
				  one or more of the following:
1. Nursing
				  services;
2. Physical therapy
				  services;
3. Occupational therapy
				  services;
4. Speech therapy
				  services;
5. Respiratory therapy
				  services; or
6. Medical social
				  services.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part III - Skilled Services › Section 12VAC5-381-310 - Nursing services

Current through Register Vol. 40, No. 24, July 15, 2024
A. All
				  nursing services shall be directly provided by an appropriately qualified
				  registered nurse or licensed practical nurse, except for those nursing tasks
				  that may be delegated by a registered nurse according to
				  18VAC90-20-420 through
				  18VAC90-20-460 of the regulations
				  of the Virginia Board of Nursing and with a plan developed and implemented by
				  the organization.
B. Supervision of
				  services shall be provided as often as necessary as determined by the client's
				  needs, the assessment by the registered nurse, and the organization's written
				  policies not to exceed 90 days.
Statutory Authority
§§ 32.1-12 and 32.1-162.12 of the Code of
						Virginia.
Virginia Administrative Code › Title 12 - HEALTH › Agency 5 - DEPARTMENT OF HEALTH › Chapter 381 - REGULATIONS FOR THE LICENSURE OF HOME CARE ORGANIZATIONS › Part III - Skilled Services › Section 12VAC5-381-320 - Therapy services

Current through Register Vol. 40, No. 24, July 15, 2024
A. Physical
				  therapy, occupational therapy, speech therapy, or respiratory therapy services
				  shall be provided according to the medical plan of care by or under the
				  direction of an appropriately qualified therapist currently licensed in
				  Virginia and may include, but are not limited to:
1. Assessing client needs or admission for
				  service as appropriate;
2.
				  Implementing a medical plan of care and revising as necessary;
3. Initiating appropriate preventive,
				  therapeutic, and rehabilitative techniques according to the medical plan of
				  care;
4. Educating the client and
				  family regarding treatment modalities and use of equipment and
				  devices;
5. Providing consultation
				  to other health care professionals;
6. Communicating with the physician and other
				  health care professionals regarding changes in the client's needs;
7. Supervising therapy assistants and home
				  attendants as appropriate; and
8.
				  Preparing clinical notes.