Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a)

What this rule requires your agency to do

• 1A home health agency shall develop, maintain, enforce and provide policies and procedures on admission/transfer/discharge, medical supervision and plans of care, emergency care, patient records/confidentiality, personnel (qualifications, credential verification, orientation, training, evaluation), quality improvement, complaints/grievances, electronic records, supervision of licensed and unlicensed personnel, and advance directives (§7.8).(Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a))
• 2Any entity seeking to become a home health agency in Vermont shall apply for and obtain a Certificate of Need (CON) from the Green Mountain Care Board prior to filing an application for designation (§4.1), and shall obtain and maintain federal home health agency certification by CMS (§4.2), and file an application for designation and obtain Department approval before commencing operation (§4.3).(Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a))
• 3If a home health agency provides or arranges for unlicensed caregiver services, it shall assure the competency of the unlicensed caregivers it employs, train those caregivers to perform specific tasks for specific patients, and ensure they are appropriately supervised by a qualified supervisor (§12.2); such services shall be provided pursuant to a patient's plan of care in accordance with state and federal program standards (§12.1).(Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a))
• 4When a change of ownership or location is planned, the agency shall file a new application for designation at least 90 calendar days prior; and for discontinuation of operations/services (including ceasing CFC participation), provide 90-day written notice to the Department/Ombudsman/Health Care Advocate, 60-day legal notice, and a 45-day detailed transfer plan (§14.1, §14.3).(Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a))
• 5A home health agency shall furnish skilled services according to the Medicare Conditions of Participation and in accordance with the patient's plan of care (§11.1).(Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a))
• 6A home health agency shall comply with all applicable state and federal policies, laws and regulations; where state and federal regulations differ, the more stringent applies (§7.1), and shall demonstrate compliance with the federal Home and Community-Based Services regulations (§7.2).(Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a))
• 7A home health agency shall report critical incidents involving its patients to the Division of Licensing and Protection Survey and Certification Unit by the next business day; as a mandatory reporter shall report suspected abuse/neglect/exploitation of a vulnerable adult to Adult Protective Services within 48 hours; and shall report suspected child abuse to DCF within 24 hours (§8.7).(Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a))
• 8A home health agency shall not employ or contract with any worker who has a substantiated record of abuse, neglect or exploitation of a child (DCF) or of a vulnerable adult (Department); and shall conduct background checks, in accordance with the Department's background check policy, on all employees, independent contractors and volunteers that provide direct care to patients (§7.6).(Regulations for the Designation and Operation of Home Health Agencies (Code Vt. R. 13-110-010-X); adopted under 33 V.S.A. § 6303(a))