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Homecare Licensure
On July 7, 2006, Governor Rendell signed into law Act 69 of 2006, which amended the health care facilities act to include home care agencies and home care registries. The final draft of the proposed regulations for homecare agencies and homecare registries was published in the August 4 issue of the Pennsylvania Bulletin. PHA reviewed the first draft of the regulations and provided comments to the Dept. of Health on Sept. 10, 2007. Act 69 requires that home care agencies and home care registries, at a minimum:
- Conduct criminal background checks on employees
- Conduct TB screens for all staff and contractors with direct consumer contact
- Ensure all staff or contractors have ONE of the following:
- A valid nurse's license
- Successfully completed
- A nurse aide training program approved by the state
- A home health aide training program approved by the state
- A personal care training program approved by the state
- A competency examination for persons only providing ADL (Activities of Daily Living) or IADL (Instrumental Activities of Daily Living
The regulations reference several other state and federal statutes. Below are links to the draft regulations, other referenced statutes and other pertinent information.
If you have any additional questions. concerns or comments about the licensure regulations, please contact Eric Kiehl, PHA Public Affairs Director at 800.382.1211, ext. 26 or via email.
Additional information is available on the Dept. of Health website. Comments on the regulations or questions concerning the home care agency and registry licensure may be submitted to the Dept. of Health via email to ra-communityprogramlicensure@state.pa.us.
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Homecare Licensure Update
The PA Dept. of Health presented a second draft of the homecare regulations to the state Health Policy Board last week. Several recommendations that PHA members submitted have been incorporated into the revised regulations. Below is a summary of the changes. To view the newest draft regulations, click here.
- Shortens the length of time a provider has to terminate services, due to lack of payment or harm to a worker from 30 days to 14 days.
- Revised language that permits the hiring of an individual who is awaiting a criminal background check for up to 120 days.
- Revisions are now consistent with the Older Adult Protective Services Act, which prohibits agencies to hire anyone with a prohibited offenses as outlined under the Act.
- Clarifies training requirements and permits the use of competency training.
- Fiscal intermediaries that provide only financial services are excluded from the licensure requirement.
- Added another topic for direct care worker training - consumer control and independent living philosophy.
According to Health Department officials, the regulations will continue to go through an internal Department review and then will be sent to the Governor’s Office of Chief Counsel, Budget and Policy. The Attorney General will then review the regulations for form and legality issues prior to the regulations being sent to the Independent Regulatory Review Commission for approval. Once that process is completed the proposed regulations will be formally published in the PA Bulletin with at least a 30 day comment period.
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Homecare Operations Manual Available
The Pennsylvania Homecare Operations Manual is now available for purchase. This comprehensive manual, which was developed through a partnership between PHA and The Corridor Group, contains policies, procedures and a special section on the new licensure requirements for homecare agencies and registries in Pennsylvania.
The manual, available to PHA members at a discounted rate of $630, comes with a CD that will enable providers to further customize the policies to their respective agency. When ordering the manual online or by fax, include the code PHA07 to identify your agency as a PHA member and ensure that you receive the PHA discounted rate. To place your order by fax, click here to download an order form or to order online, go to www.corridorgroup.com.
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