REVISION NOTICE - Home Care Information Network

Minimum Standards for All HCSS Agencies
(4) The supervising nurse may also be the administrator of the agency if the supervising nurse
meets the qualifications of an administrator described in §97.244(a) of this title (relating to
Staffing Qualifications and Conditions).
(5) An agency that provides only physical, occupational, speech, or respiratory therapy;
medical social services; or nutritional counseling is not required to have a supervising
nurse. Supervision of these services must be provided by a qualified licensed professional.
(c)
Supervision of branch offices and alternative delivery sites. An agency must adopt and enforce a
written policy relating to the supervision of branch offices or alternate delivery sites, if
established. This policy must be consistent with the following:
(1) for a branch office, §97.14 of this title (relating to Application and Issuance of a Branch
Office License) and §97.321 of this title (relating to Standards for Branch Offices); or
(2) for an alternate delivery site, §97.15 of this title (relating to Application and Issuance of a
Branch Office License) and §97.322 of this title (relating to Standards for Alternate
Delivery Sites).
§97.244 Staffing Qualifications and Conditions
(a)
Administrator, including the alternate or other designee.
(1) Qualifications. The administrator and the alternate or other designee must either:
(A)
(B)
(C)
be a licensed physician, a registered nurse, licensed social worker, licensed
therapist, or licensed nursing home administrator; or
have at least a high school diploma or a general equivalency degree (GED) (at a
minimum), training and experience in health service administration, and at least one
year of supervisory or administrative experience in home health care or related
health programs. Other related health programs may include a hospital, nursing
facility, or hospice, etc.; or
if the agency is licensed to deliver personal assistance services only, have a high
school diploma or a GED and at least one year experience or training in caring for
individuals with functional disabilities.
(2) Conditions. The administrator and the alternate or other designee must:
(A)
(B)
(C)
be able to read, write, and comprehend English;
not have been employed in the last year as an administrator with another agency at
the time the agency was cited with violations of the statute or this chapter that
resulted in enforcement action taken against the agency. For purposes of this
subparagraph only, the term "enforcement action" means license revocation,
suspension, emergency suspension, or denial of a license or injunction action but
does not include administrative or civil penalties. If DHS prevails in one
enforcement action, such as injunctive action, against the agency but also proceeds
with another enforcement action, such as revocation, based on some or all of the
same violations, but DHS does not prevail in the second action (the agency
prevails), the prohibition in this subparagraph does not apply; and
not have been convicted of a felony or misdemeanor listed in §97.601(b)(2) of this
title (relating to License Denial, Suspension, or Revocation); and
DADS / LSHCSSA 06-1 SUBCHAPTER C - 9