Conditions of participation for home health agencies; home health quality

The conditions of participation that a home health agency is required to meet under this subsection are as follows: The agency protects and promotes the rights of each individual under its care, including each of the following rights: The right to be fully informed orally and in writing (in advance of coming under the care of the agency) of— The agency notifies the State entity responsible for the licensing or certification of the agency of a change in— The agency must not use as a home health aide (on a full-time, temporary, per diem, or other basis), any individual to provide items or services described in section 1395x(m) of this title on or after January 1, 1990, unless the individual— Such standards may permit approval of programs offered by or in home health agencies, as well as outside agencies (including employee organizations), and of programs in effect on December 22, 1987; except that they may not provide for the approval of a program offered by or in a home health agency which, within the previous 2 years— In this paragraph, the term “home health aide” means any individual who provides the items and services described in section 1395x(m) of this title, but does not include an individual— It is the duty and responsibility of the Secretary to assure that the conditions of participation and requirements specified in or pursuant to section 1395x(o) of this title and subsection (a) of this section and the enforcement of such conditions and requirements are adequate to protect the health and safety of individuals under the care of a home health agency and to promote the effective and efficient use of public moneys. If not otherwise conducted under subparagraph (A), a standard survey (or an abbreviated standard survey) of an agency— A standard survey conducted under this paragraph with respect to a home health agency— shall include (to the extent practicable), for a case-mix stratified sample of individuals furnished items or services by the agency— shall be conducted by an individual— Not later than January 1, 1992, the Secretary shall— The Secretary may continue payments under this subchapter with respect to a home health agency not in compliance with the requirements specified in or pursuant to section 1395x(o) of this title or subsection (a) over a period of not longer than 6 months, if— The Secretary shall develop and implement, by not later than April 1, 1989— The intermediate sanctions developed under paragraph (1) shall include— A home health agency shall submit claims for payment for home health services under this subchapter only on the basis of the geographic location at which the service is furnished, as determined by the Secretary.