Friday, January 15, 2021

Federal Register :: Medicare and Medicaid Program: Conditions of Participation for Home Health Agencies

Any revision to the plan of care due to a change in patient health status must be communicated to the patient, representative , caregiver, and all physicians issuing orders for the HHA plan of care. Primary home health agency means the HHA which accepts the initial referral of a patient, and which provides services directly to the patient or via another health care provider under arrangements . The provisions of this part serve as the basis for survey activities for the purpose of determining whether an agency meets the requirements for participation in the Medicare program.

home health care conditions of participation

Each patient has their own set of care preferences, and we would require HHAs to both identify and respect these care preferences to the greatest degree possible. Our goal is to assure that HHAs plan for and provide care that is both patient-directed and in accordance with the physician-ordered plan of care. We also proposed to revise the current personnel qualifications for HHA administrators. Specifically, we proposed that an HHA administrator would be required to be a licensed physician, or hold an undergraduate degree, or be a registered nurse. We also proposed that an administrator would have at least 1 year of supervisory or administrative experience in home health care or a related health care program. If the primary HHA chooses to furnish some services under arrangement, then it retains management, service oversight, and financial responsibility for all services that are provided to the patient by its contracted entities.

Professional Development

Persons with limited English proficiency through the provision of language services at no cost to the individual, including oral interpretation and written translations. Access to or release of patient information and clinical records is permitted in accordance with 45 CFR parts 160 and 164. If a patient has been adjudged to lack legal capacity to make health care decisions under state law by a court of proper jurisdiction, the patient may exercise his or her rights to the extent allowed by court order.

Another commenter requested that if the HHA is not able to meet the timeframe requirements, CMS should permit the HHA to document the reason in the medical record. A home health agency to be operating without the direction of a clinician during operating hours. For example, when the administrator is available, the proposed rule does not specify the need for any pre-designated skilled professional to be available as well. If the administrator is not a clinician, and the clinical manager is not on duty, the home health agency would be operating without a designated clinical manager. HHAs must have a complaint process, complete with policies and procedures, that is provided, in writing, to the patient, the patient's representative, and the patient's caregivers at the time of admission and each time the plan of care is updated. We proposed, at § 484.80, to set forth the requirements for training content and its duration, training methods , and training documentation.

B. Proposed Subpart A, General Provisions

The right to access auxiliary aids and language services, and how to access these services. An HHA must advise the patient of the number, purpose, and hours of operation of the state home health hotline. Telephone number and address of all agencies and programs with which a complaint may be filed, and the telephone number of the state home health hotline. The coverage requirements (that is, the face-to-face encounter) have not been met. These sections describe the anticipated estimated burdens and savings that will result from the implementation of this final rule in a statistically typical HHA.

home health care conditions of participation

In conducting the reconsideration review, CMS reviews the applicable measures and performance scores, the evidence and findings upon which the determination was based, and any additional documentary evidence submitted by the HHA. CMS may also review any other evidence it believes to be relevant to the reconsideration. The HHA must prove its case by a preponderance of the evidence with respect to issues of fact. In conducting the recalculation, CMS reviews the applicable measures and performance scores, the evidence and findings upon which the determination was based, and any additional documentary evidence submitted by the HHA. CMS awards points to the competing home health agency for performance on each of the applicable measures.

Veterans Employment & Training

As many as a third of hospitals, especially those in rural areas, did not participate in the voluntary accreditation program of the Joint Commission on Accreditation of Hospitals. Even though a goal of Medicare was to maximize healthcare access, it was evident that existing accreditation programs would not guarantee minimum health and safety conditions in all hospitals . Therefore, the establishment of Medicare included requirements about “the maintenance of clinical records, medical staff bylaws, a 24-hour nursing service supervised by a registered nurse, utilization review planning, institutional planning and capital. As the single largest payer for health care services in the United States, the federal government assumes a critical responsibility for the delivery and quality of care furnished under its programs. Historically, we have adopted a quality assurance approach that has been directed toward identifying health care providers that furnish poor quality care or fail to meet minimum federal standards, but this problem-focused approach has inherent limits. For Medicare patients, the occupational therapist may complete the comprehensive assessment when occupational therapy is ordered with another qualifying rehabilitation therapy service (speech-language pathology or physical therapy) that establishes program eligibility.

home health care conditions of participation

As such, we believe that a new approach is needed in order to consistently achieve improved patient outcomes, and that consolidating these frequently deficient areas under the overall responsibility of a designated management position will address this need. HHAs may choose to organize one or more clinical managers in a manner that meets their needs, but we believe that this designated position is essential. In § 484.65, “Program scope,” we proposed that this data-driven QAPI program would be capable of showing measurable improvement in indicators for which there was evidence that the improvement led to improved health outcomes , safety, and quality of care for patients. The HHA would also have to measure, analyze, and track quality indicators, including adverse patient events, as well as other indicators of performance so that the agency could adequately assess its processes, services, and operations. Discipline means one of the six home health disciplines covered under the Medicare home health benefit (skilled nursing services, home health aide services, physical therapy services, occupational therapy services, speech- language pathology services, and medical social services). Immediate jeopardy is defined by CMS as a situation in which the provider’s noncompliance with one or more requirements of the CoPs has caused or is likely to cause serious injury, harm, impairment or death.

Information contained in the clinical record must be accurate, adhere to current clinical record documentation standards of practice, and be available to the physician or allowed practitioner issuing orders for the home health plan of care, and appropriate HHA staff. Skilled nursing services and at least one other therapeutic service (physical therapy, speech-language pathology, or occupational therapy; medical social services; or home health aide services) are made available on a visiting basis, in a place of residence used as a patient's home. An HHA must provide at least one of the services described in this subsection directly, but may provide the second service and additional services under arrangement with another agency or organization. Home health care allows patients to receive needed health care services within the comfort and safety of their own homes. Patients receive coordinated services ranging from skilled nursing to physical therapy to medical social services, all under the direction of their physician.

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Each patient must receive, and an HHA must provide, a patient-specific, comprehensive assessment. For Medicare beneficiaries, the HHA must verify the patient's eligibility for the Medicare home health benefit including homebound status, both at the time of the initial assessment visit and at the time of the comprehensive assessment. Supervised practical training means training in a practicum laboratory or other setting in which the trainee demonstrates knowledge while providing covered services to an individual under the direct supervision of either a registered nurse or a licensed practical nurse who is under the supervision of a registered nurse. Although the benefits and some of the costs of these changes cannot be quantified, we note that the changes are focused on improving the delivery of care to each and every patient.

home health care conditions of participation

It is nearly impossible to avoid receiving any standard deficiencies during a survey. Expand the decision-making skills and effectiveness of your healthcare workforce with HealthStream's clinical development programs and services. HealthStream offers professional training and education on how to best optimize your reimbursement process within your healthcare organization. Prior to 1986, CoPs were primarily focused on “structure over process measures… such as staff qualifications, written policies and procedures, and committee structure, which were usually specified at the standard level” . HealthStream’s learning management system and comprehensive suite of competency management tools empower your healthcare workforce to deliver the best patient care.

Given this variability, it is difficult to estimate how long an average HHA may spend gathering and organizing data. For purposes of this analysis only, we assume that an average HHA will use 4 hours per month to gather data, for a total of 48 hours a year. We believe that an office employee would perform the data aggregation and organization at a cost of $1,248 (4 hours × 12 months × $26/hour) per HHA. Following data gathering and organization, an HHA will analyze the data to identify trends, patterns, anomalies, areas of strength and concern. We believe that this data analysis will be done by the QAPI committee described previously. In order to identify trends and patterns, the committee will need to examine several months of data at the same time.

By increasing your healthcare staff's focus on quality and safety with HealthStream, they can help to reduce medical errors and readmission rates. Fulfill compliance requirements with a variety of programs and courseware designed to address critical regulatory requirements as well as educate staff to recognize and mitigate risks. If you have questions or comments regarding a published document please contact the publishing agency. Before January 1, 1966 was licensed or registered, and before January 1, 1970, had 15 years of fulltime experience in the treatment of illness or injury through the practice of physical therapy in which services were rendered under the order and direction of attending and referring doctors of medicine or osteopathy.

Medical Product Training

There is no specific current requirement addressing infection control in the current HHA CoPs. However, current § 484.12, “Compliance with accepted professional standards and principles,” requires an HHA and its staff to comply with accepted professional standards and principles that apply to professionals furnishing services in an HHA. Given this broad requirement, we believe that HHA personnel are already using well-documented infection control practices and well-accepted professional standards and principles in their patient care practices.

This final rule adopts a new approach that focuses on the care delivered to patients by home health agencies while allowing HHAs greater flexibility and eliminating unnecessary procedural requirements. As a result, we are revising the HHA requirements to focus on a patient-centered, data-driven, outcome-oriented process that promotes high quality patient care at all times for all patients. We have developed a set of fundamental requirements for HHA services that encompasses patient rights, comprehensive patient assessment, and patient care planning and coordination by an interdisciplinary team. Overarching these requirements is a QAPI program that builds on the philosophy that a provider's own quality management system is key to improved patient care performance. We proposed to retain, with some additional clarification, many of the long-standing clinical record requirements. The primary requirement under the proposed clinical records CoP would be that a clinical record containing pertinent past and current relevant information would be maintained for every patient who was accepted by the HHA to receive home health services.

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