D.C. Mun. Regs. tit. 29 § 5010

Current through Register Vol. 71, No. 21, May 24, 2024

Rule 29-5010 - STAFFING AGENCIES

5010.1

A Provider may contract with a licensed staffing agency to secure staff to deliver PCA services. Agreements between the Provider and the staffing agency providing personal care staffing services shall be in writing and include at a minimum, the following:

(a) A provision requiring the staffing agency to provide the Provider with the staffing agency's NPI number obtained from the NPPES and the NPI numbers of all individuals providing PCA services to the home care agency throughout the duration of the contract;

(b) A business address and e-mail address for each staffing agency;

(c) Provisions making explicit and delineating the Provider's responsibility to:

(1) Manage, supervise and evaluate the PCA services secured through a staffing agency; and

(2) Be accountable for all services delivered by non-employee PCAs to the same extent as if the PCAs were employees of the Provider;

(d) The duration of the agreement, including provisions for renewal, if applicable; and

(e) Assurances that the staffing agency shall comply with all applicable federal and District laws and rules, including all relevant licensing requirements imposed by the District of Columbia.

5010.2

Each Provider contracting with a staffing agency to provide staffing for PCA services shall:

(a) Ensure that the staffing agency obtains an NPI number for itself and all personnel performing PCA services through the agency;

(b) Provide DHCF with a copy of any and all contract(s) entered into with a staffing agency; and

(c) Ensure that each beneficiary's records shall be the property of the beneficiary's Provider and are maintained at the Provider's place of business in accordance with Section 5013.

5010.3

A staffing agency supplying staff to the provider for the delivery of PCA services shall be considered an agent of the Provider.

5010.4

A Provider is prohibited from having a financial relationship with any staffing agency providing staffing unless the relationship meets one of the exceptions applicable to ownership interests and compensation arrangements established in 42 U.S.C. § 1320a - 7b(b)(3) and 42 C.F.R. § 1001.952. A financial relationship includes but is not limited to:

(a) A direct or indirect ownership or investment interest (including an option or non-vested interest) by the Provider in a staffing agency. This interest may be in the form of partnership shares, limited liability company memberships, loans, bonds, equity, debt, or other means; and

(b) A direct or indirect compensation arrangement other than the contract referenced in § 5010.1 between the Provider and the staffing agency for the provision of staff to perform PCA services provided the contract meets the requirements of 42 C.F.R. § 1001.952(d).

5010.5

A Provider is prohibited from contracting with a staffing agency that is or has engaged in any of the following:

(a) Advertising or marketing directly to Medicaid beneficiaries;

(b) Misrepresenting the staffing agency as the provider of PCA services; or

(c) Offering financial or other types of inducements to individuals for the referral of Medicaid beneficiaries, their names, or other identifying information to any health care provider.

D.C. Mun. Regs. Tit. 29, § 5010

Final Rulemaking published at 50 DCR 3957(May 23, 2003); as amended by Notice of Final Rulemaking published at 59 DCR 1760, 1776 (March 2, 2012); as amended by Final Rulemaking published at 60 DCR 15537 (November 8, 2013); amended by Final published at 63 DCR 014134 (11/18/2016)

Notice of Final Rulemaking published at 59 DCR 1760 (March 2, 2012) repealed and replaced the Chapter 50 (Medicaid Reimbursement for Personal Care Services) with a new Chapter 50 with the same name.

Authority: An Act to enable the District of Columbia to receive federal financial assistance under Title XIX of the Social Security Act for a medical assistance program, and for other purposes approved December 27, 1967 (81 Stat.774; D.C. Official Code § 1-307.02 (2012 Repl.)) and Section 6(6) of the Department of Health Care Finance Establishment Act of 2007, effective February 27, 2008 (D.C. Law 17-109; D.C. Official Code § 7-771.05(6) (2012 Repl.)).