C.M.R. 10, 144, ch. 119, 4

Current through 2024-51, December 18, 2024

Chapter 4 - GENERAL REQUIREMENTS

4.A. General Requirements

4.A.1. Home Health Care Services Providers

A Home Health Care Services Provider is any business, entity or subdivision thereof, whether public or private, proprietary or not for profit, that is engaged in providing acute, restorative, rehabilitative, maintenance, preventive or health promotion services through professional nursing or another therapeutic service, such as physical therapy, home health aides, nurse assistants, medical social work, nutritionist services or personal care services, either directly or through contractual agreement, in a client's place of residence. This term does not apply to any sole practitioner providing private duty nursing services or other restorative, rehabilitative, maintenance, prevention or health promotion services in a patient's/client's place of residence or to municipal entities providing health promotion services in a patient's/client's place of residence. This term does not apply to federally qualified health center or a rural health clinic as defined in 42 United States Code, Section 1395X, Subsection (aa) (1993) that is delivering case management services or health education in a patient's/client's place of residence. Beginning October 1, 1991, "home health care provider" includes any business, entity or subdivision thereof, whether public or private, proprietary or nonprofit, that is engaged in providing speech pathology services.

A home health care provider shall also be referred to as a home health care agency.

a. Home Health Care Services Providers include, but are not limited to:

1. District, municipal, and city health agencies, or health councils which deliver home health care services, and

2. Business entities and/or program which send professional and/or paraprofessional personnel into the home for delivery of home health care services.

b. Exclusions:

22 MRSA §§2147, exempts several organizations and/or individuals from the provisions of this legislation.

4.A.2. Deficiencies and Plans of Correction

a. The licensing agency shall notify the governing body or other legal authority of a facility of violations of individual standards through a statement of deficiencies which shall be forwarded to the facility within fifteen (15) days of inspection of the facility unless the director determines that immediate action is necessary to protect the health, welfare, or safety of the public or any member thereof through the issuance of an immediate compliance order in accordance with Chapters 4 and 4.A. of the Regulations Governing the Licensing and Functioning of Home Health Care Services.

b. Upon receipt of a statement of deficiencies from the licensing authority, the licensee or his/her representative will be required to submit a written plan of correction to the licensing authority within ten (10) working days of the date of receipt of the statement of deficiencies. The plan of correction shall detail any requests for waivers, as well as document the reasons therefore.

c. If the licensing agency rejects the plan of correction, or if the facility does not provide a plan of correction within the ten (10) day period stipulated or if a facility whose plan of correction has been approved by the licensing agency fail to execute its plan within a reasonable time, the license may be modified or revoked according to Chapter 3.

4.B. Identification Badges

All health care provider employees providing direct patient care must wear an identification badge that includes at least the following information:

1. Name of the health care provider;

2. Employee's first name with the employee's last name being an optional item according to provider policy;

3. Initials identifying the employee's registration/ licensure/certification;

4. Employee's job title.

Health care providers will develop policies and procedures which will define the situations and criteria when the wearing of an identification badge will be waived.

C.M.R. 10, 144, ch. 119, 4