Health, Health Systems Improvement, Licensing

Section R432-700-30

Home Health - Personal Care Service Agency

Notice of Proposed Rule

(Amendment)

DAR File No.: 33135
Filed: 11/02/2009 08:43:31 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule change is proposed to clarify assessment requirements in Personal Care Agencies. Personal Care Agencies are currently submitting variances to the rule that require an assessment for every client that is admitted. Some clients only receive services such as homemaking or errand service, which do not constitute health care. This rule change will clarify which clients need an assessment and alleviate the burden of applying for a variance.

Summary of the rule or change:

The language for the requirement to complete an assessment is changed to clarify that only clients receiving "personal care services" are required to have an assessment.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

This rule change will save the state budget approximately $500 per year. This is base on an estimate of five variances submitted per year, and the staff time to process the request and reply to the providers.

local governments:

There is no cost or savings to any local governments. No agencies are owned by local governments.

small businesses:

This rule change will save small businesses approximately $500 per year. This is based on the administrative time to research and fill out a variance form and submit it to the Department. All of these personal care agencies are considered small businesses.

persons other than small businesses, businesses, or local governmental entities:

There is no cost or savings to any other group not already listed above.

Compliance costs for affected persons:

There are no compliance costs. This rule change will only reduce the requirements that personal care agencies will need to complete, and reduce the overall operational costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

This rule change adopts a practice that was dealt with in the past through an exception process. This will lessen the impact on business by allowing them to avoid the need to apply for an exception.

David N. Sundwall, MD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Health Systems Improvement, Licensing
288 N 1460 W
SALT LAKE CITY, UT 84116-3231

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-538-6279, by FAX at 801-538-6024, or by Internet E-mail at jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-538-9087, by FAX at 801-538-6024, or by Internet E-mail at carmenrichins@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/15/2009

This rule may become effective on:

12/22/2009

Authorized by:

David Sundwall, Executive Director

R432. Health, Health Systems Improvement, Licensing.

R432-700. Home Health Agency Rule.

R432-700-30. Home Health - Personal Care Service Agency.

(1) A Home Health - Personal Care Service Agency provides personal care services exclusively.

(2) The agency shall develop written policies and procedures that address the delivery of personal care services.

(3) The licensee shall appoint by name and in writing a qualified administrator who is responsible for the agency's overall functions.

(a) The administrator shall have at least one year or managerial or supervisory experience.

(b) The administrator shall designate in writing a qualified person who shall act in his absence and the designee shall have sufficient power, authority, and freedom to act in the best interests of the client safety and well being;

(c) The administrator or designee shall be available during the agency's hours of operation.

(4) Each employee shall be licensed, certified or registered as required in R432-700-10.

(5) Each employee shall complete a health screening as described in R432-700-11.

(6) The agency may accept clients for service if the client's needs do not exceed the level of personal care to be provided by the Home Health- Personal Care Service Agency.

(7) [A functional assessment shall be completed] The agency shall complete a functional assessment for each client receiving personal care services, prior to admission to the agency and annually thereafter, or at earlier intervals when a significant change in condition occurs.

(a) [The functional assessment shall be performed by a] A licensed health care professional shall complete the functional assessment. The assessment shall include a statement [from the licensed health care professional] that [the] personal care services can be provided safely to the client.

(b) If the functional assessment reveals that the client's needs exceed the personal care services, the health care professional shall make a referral to a home health agency or other alternative service.

(8) The agency shall obtain a signed and dated service agreement from the client and his responsible party, if available. The service agreement shall include the following:

(a) A description of services to be performed by the Personal Care Aide;

(b) Charges for the services;

(c) A statement that a 30-day notice shall be given prior to a change in charges.

(9) The Home Health-Personal Care Service Agency shall maintain and secure client records for each client receiving services.

(a) Client records shall be retained by the agency for three years following the last date of service;

(b) The client record shall contain the following:

(i) Client's name, date of birth and address;

(ii) Client service agreement;

(iii) Name, address, and telephone number of the individual to be notified in case of accident, emergency or death;

(iv) Documentation of date and reason for the termination of services, which may include the following:

(A) Payment for services cannot be met;

(B) The safety of the client or provider cannot be assured;

(C) The needs of the client exceed the level of care provided by the agency;

(D) The client requests termination of services; or

(E) The agency discontinues services.

(v) Documentation of the Personal Care Aide visit.

(10) Personal Care Aides shall meet the qualification of R432-700-23 and be supervised by an individual with the following qualifications:

(a) A Certified Nursing Aide with at least two years experience in personal or home care; or

(b) A licensed health care professional.

(11) The supervisor shall evaluate and document the quality of the personal care services provided in the client's place of residence every six months.

 

KEY: health facilities

Date of Enactment or Last Substantive Amendment: [November 6, 2000]2009

Notice of Continuation: September 27, 2007

Authorizing, and Implemented or Interpreted Law: 26-21-5; 26-21-2.1