048-9 Wyo. Code R. §§ 9-5 - Organization and Administration

(a) Governing Body. The home health agency shall have a governing body which has legal authority and responsibility to operate the home health agency. The governing body shall:

(i) Obtain a fidelity bond for client protection arising from the want of honesty, integrity or fidelity of any employee. The bond shall consist of no less than $2500 and shall be augmented in relation to the number of employees.

(ii) Provide verification of a central registry check on all employees hired at the time of, or after, the filing of these rules. The individual, agencies or corporations are responsible to initiate and follow this process to completion.

Central Registry information can be obtained by contacting the Department of Family Services at307-777-5894. (This number may be subject to change.)

(iii) Adopt, revise, and approve personnel policies; including;

(A) Frequency and content of evaluations; and

(B) Assurance of confidentiality of information obtained from the Central Registry.

(iv) Prepare an organizational chart that reflects the administrative control and lines of authority for the delegation of responsibility from management down to the client level.

(v) Appoint a qualified administrator who is designated in writing as responsible and available for all aspects of agency operation.

(A) A qualified administrator is:

(I) A licensed physician, registered nurse, or college graduate with a bachelors degree who has a minimum of three (3) years of health care management experience; or

(II) A person without a college degree may qualify by obtaining and documenting the equivalent of six (6) years of supervisory experience in health care management.

(B) The administrator and supervisory nurse may be the same individual if the individual is dually qualified.

(C) The administrator must identify in writing an individual who is qualified and authorized to act on behalf of the administrator when the administrator is not available.

(vi) Employ a supervisory nurse who is a registered nurse and who has at least one (1) year home health experience. The supervisory nurse must be available during the normal hours of operation. In lieu of the one (1) year home health experience requirement, a consultation agreement shall suffice when the agreement:

(A) Is in writing and signed by all parties involved;

(B) Enables the supervisory nurse to have immediate contact, seven (7) days a week, twenty-four (24) hours per day with a registered nurse who has at least one (1) year of home health experience;

(C) Remains in effect until the supervisory nurse has gained one (1) year of home health experience; and

(D) Requires the consultations to be documented and on file at the location of the supervisory nurse.

(vii) Develop an effective, ongoing, agency-wide, written quality management program which ensures and evaluates quality of care provided to all clients in accordance with W.S. § 35-2-910.

(viii) Grievance Procedure.

(A) The written grievance procedure shall establish a system of reviewing complaints and allegations of clients' rights violations to include, but not be limited to:

(I) Client method to voice grievances;

(II) Documentation of the home health agencys response to verbal and written client grievances;

(III) List of appropriate agencies, with addresses and telephone numbers for clients to contact if grievances are not addressed satisfactorily; and

(IV) Written reports of all unresolved grievances shall be provided to the Licensing Division within ten (10) days after the grievance is filed with the home health agency. (If the ten (10) day requirement cannot be met the Licensing Division should be contacted.)

(V) Resolved grievances and the resolutions shall be kept on file in the agency office.

(ix) Complaint Investigations.

(A) Clients' complaints and problems shall be referred in writing to the State Long Term Care Ombudsman.

(B) The Office of the Ombudsman shall complete all complaint investigations within an appropriate time frame depending upon the seriousness of the allegations.

(C) Written reports of investigations and the status of resolutions completed by the home health agency shall be provided by the State Long Term Care Ombudsman to the Licensing Division, within thirty (30) days after the completion of the investigation.

Exception: Those complaints or problems reported directly to the State Survey Agency or referred by the State Long Term Care Ombudsman to the State Survey Agency shall be investigated by the State Survey Agency as per the Agreement between the Secretary of the U.S. Department of Health and Human Services and the State of Wyoming dated June 18, 1985.

(x) Employee Personnel Records.

(A) There shall be one (1) person designated responsible for maintaining confidentiality.

(xi) Employee Health.

(A) The home health agency shall develop policies and procedures for employee health including a policy that identifies communicable diseases that could put the client population at risk.

(B) The home health agency must document that the employee is free of communicable diseases that could be a risk to the client population.

(xii) Advanced Directives.

(A) The home health agency shall adopt policies which assure that it provides information on advanced directives to clients. If the clients advanced directives are known, they shall be followed by the home health agency.

(xiii) Clients' Rights.

(A) A home health client has the right to:

(I) Be treated with dignity, consideration and respect.

(II) Have his/her property treated with respect,

(III) Receive a timely response to his/her request for service.

(IV) Be fully informed upon admission of the care and treatment that will be provided, how much it will cost, and how payment will be handled.

(V) Be informed in advance of any changes in care to be furnished.

(VI) Be informed in advance if he/she will be responsible for any payment.

(VII) Receive care from professionally trained personnel. Be informed of the names and responsibilities of care providers, and to have the right of choice in care providers.

(VIII) Participate in designing a care plan, and periodically updating it as his/her condition changes. Refuse treatment and to be told the consequences of his/her actions.

(IX) Expect confidentiality of all information related to his/her care, within required regulations.

(X) Be informed within a reasonable time of anticipated termination of service. Be referred elsewhere, if he/she is denied services based solely on his/her ability to pay.

(XI) Authorize discontinuation of treatment which will be respected in accordance with the home health agencys policy.

(XII) Know how to make a complaint or grievance or recommend changes in agency policies and services, and have the freedom to do so.

(XIII) Call the home health agency administration during regular office hours.

(XIV) Call a home health hotline number as provided by the provider.

(xiv) Notification.

(A) Prior to admission all prospective clients shall be notified if the home health agency is not Medicare and/or Medicaid certified.

(B) The responsible party shall be notified of the service charges at the time of admission and notified of changes in the charges at least thirty (30) days in advance of the changes.

Notes

048-9 Wyo. Code R. §§ 9-5