New federal regulations for Home Health Care Agencies

New Federal Regulations for Home Health Care Agencies

On January 13, 2018, new federal home health care Conditions of Participation (“CoP’s) went into effect. In order to participate in Medicare and Medicaid programs, one of the largest sources of revenue for home health care agencies (“HHAs”), they must comply with the CoP’s.

The Centers for Medicare and Medicaid Services (“CMS”) rules strengthen patients’ and caregivers’ rights and increase their participation in care planning and delivery. The new CoP provides that patients be accepted for treatment on the basis of a reasonable expectation that the patient’s medical, nursing, rehabilitative, and social needs could be met adequately by the agency in the patient’s place of residence. Each patient would receive an individualized written plan of care which would specify the care and services necessary to meet the patient’s needs, including the patient and caregiver education and training that the HHA will provide, specific to the patient’s care needs. The individualized plan of care would be revised or added to at intervals as

necessary to continue to meet patient care needs.

HHAs will also be required to assess family caregivers’ “willingness and ability to provide care” as well as their “availability and schedules.” Previous regulations required agencies to confer only with legal representatives such as guardians, not “personal representatives.” A patient-selected representative is someone who participates in making decisions related to the patient’s care or well-being, including but not limited to, a family member, an advocate for the patient and a health care agent. The patient determines the role of the representative, to the extent possible.

For more information visit: Home Health Care Agencies

Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.