Home Healthcare Laws

Home health care is skilled (medical) or non-skilled (personal) care provided in the home by a licensed home health agency (HHA). A home health agency is licensed and regulated in its home state by the appropriate state authority, typically a state survey agency. Prior to seeking Medicare certification, a home health agency must get guidance and application information from its surveyor and meet the Medicare Conditions of Participation (CoPs). These CoPs are guidelines for home health care laws.

Patient Rights

• The home health agency is required to protect, promote and inform a patient of his rights. Taking into account the patient's general state of mental and physical being, the home health agency should attempt to inform the patient orally and in writing by the initial assessment that his clinical information will be collected and reported in the OASIS system. The home health agency must notify the patient that his OASIS data is kept confidential and secure, and is only disclosed for purposes related to the Privacy Act. The patient can refuse to answer any questions and can review his data upon request.

  The patient has a right to practice his rights as a patient and for his property to be treated with respect. If he cannot speak for himself because he is deemed incompetent then a guardian may speak on his behalf.

Compliance

• Home health staff are required to engage in practices that meet professional standards.

  Home health agencies are subject to federal, state or local laws. The licensure of a home health agency occurs at the local or state level. In the state of Florida, for example, Accreditation Commission for Health Care (ACHC) issues licenses to accredited home health agencies. The home health agency is required to submit ownership and management information to the state survey agency and any changes.

  The home health agency also is required to comply with federal and state regulations, professional practice standards for each discipline and common practice standards established by national organizations and boards. For example, in South Carolina, home health personnel are to engage in practices that prevent and control antibiotic-resistant organisms and cannot have convictions of patient, elder or child abuse.

Services

• The organizational structure of a home health agency needs to state who its administrator is, how subunits are managed and, if applicable, its relationship with a parent agency---who has primary supervisory responsibilities. All branch home health agencies must offer the same services, and these cannot differ from one another. A subunit, however, can offer services different than its parent agency because it is self-governing and it can have branches. A home health agency must employ qualified staff and provide training and regular evaluations. The administrator of the home health agency can be a supervising physician or registered nurse.