Home Health Agency Licensure

SECTION 39. Chapter 111 of the General Laws is hereby amended by inserting after section 51J the following section:-

Section 51K. Licensure of Home Health Agencies

(a) For the purposes of this section, "home health agency" shall mean an agency or organization that provides skilled nursing services and other therapeutic services in a patient's home, with supervision of these services provided by a physician or registered nurse. For purposes of this section, ''home health agency'' shall not include a home health agency operated by the federal government or the commonwealth.

(b) Unless otherwise expressly permitted by the department, no person or entity shall provide home health services, use the words "home health" to describe its services, or establish, maintain, operate, or hold itself out as a home health agency without a home health agency license issued by the department.

(c) The department shall issue for a term of 2 years and renew for a like term a license to maintain a home health agency to any organization it considers responsible and suitable to maintain such an agency. Home health agency licenses shall be subject to suspension, revocation or refusal to renew for cause. Any fee for original application and renewal of the license shall be established pursuant to section 3B of chapter 7 .

The department may impose a fine of up to $10,000 on anyone who advertises, announces, establishes, maintains, or is concerned in establishing or maintaining a home health agency without a license granted by the department, or who being licensed under this section violates any provision of this section or any rule or regulation promulgated thereunder. Each day during which such failure or refusal to comply continues shall constitute a separate offense. The department may conduct surveys and investigations to enforce compliance with this section and rules and regulations promulgated thereunder.

(d) A home health agency certified for participation in Medicare or Medicaid shall be deemed to meet the requirements of the original licensure application, and the department may approve such an application upon a finding of responsibility, suitability, and other licensure requirements as determined by the department. Nothing in this subsection shall be construed to limit the authority of the department to suspend, revoke, or refuse to renew a license, to require a fee, to impose a fine, or to conduct surveys and investigations pursuant to subsection (c) of this section.

(e) The department shall, subject to appropriation, promulgate rules and regulations to implement this section.



Summary:
This section authorizes the Department of Public Health to license home health agencies.