Current through Register Vol. 35, No. 9, May 7, 2024
Section 7.28.2.9 - HOME HEALTH AGENCY AND SCOPE OF SERVICES An agency or organization meeting the following criteria must be licensed as a home health agency:
A. Provides at least one medically directed service, such as, but not limited to:(3) occupational therapy;(6) speech language pathology;(9) personal care attendant;B. A home health agency must provide at least one of the above services, in its entirety, directly through employees, but may provide other services under arrangements with another agency or organization or provider.C. A licensed home health agency may also provide non-medically directed services.D.Home health agency excludes:(1) independent or sole practitioners providing in-home services under their respective professional practice acts;(2) medical suppliers who do not provide services listed in Paragraph (1) of Subsection D of 7.28.2.9 NMAC above;(3) family, friends, volunteers and paid individuals not under the direct control of a home health agency.E.Branch office: Means a licensed location from which a home health agency provides services to patient/clients. A home health agency may not apply for a license to open a branch office unless the parent agency has been in operation for at least one year, had an annual survey conducted by the licensing authority, and is found to be in substantial compliance with these regulations. (1) A branch office must be located within 100 miles distance from the licensed location of the parent home health agency.(2) A branch office must have a qualified on-site administrator who receives direction and supervision from the parent home health agency's administrator/director.(3) A branch office must be able to provide the same services as the parent home health agency.(4) Original patient/client records, if stored at the parent home health agency, shall be made available upon request of the licensing authority within two hours.F.Service area: A home health agency may only provide services to patient/clients who reside within 100 miles distance from the licensed location of the agency. (1) The licensing authority may grant a temporary exception to the 100 mile distance limitation when the following conditions exist:(a) no other home health agency service for the patient/client is available;(b) no home health agency in the area within the 100 miles distance limitation is able or willing to provide services to the patient/client.(2) Home health agencies not previously required to be licensed by the licensing authority shall have twelve months from the date these regulations are adopted to comply.G.Auxiliary work station: A non-licensed, non-staffed convenience work station away from the licensed location of the home health agency's office for the limited purposes of storage of supplies and a work area for documentation by staff where a telephone and fax may be available for communication. The auxiliary work station shall not function as a branch office and the following requirements are intended to insure that the work station does not become a branch office:(1) must not be utilized to increase the geographical service area of a home health agency or as a substitute for a branch operation of the agency;(2) the name of the agency must not be identified by signage at the work station;(3) the telephone number for the work station shall not be advertised or otherwise made available to persons or individuals other than staff of the agency;(4) patient/clients shall only be admitted by and through the licensed location of the agency;(5) no orders for patient/client care from physicians shall be accepted by agency staff at its auxiliary work station;(6) no original patient/client records, copies of patient/client records or personnel records shall be maintained by the agency at the auxiliary work station.9/12/74; 8/1/77; 5/7/91; 12/27/95; 4/1/97; Recompiled 10/31/01, Adopted by New Mexico Register, Volume XXXI, Issue 12, June 23, 2020, eff. 6/5/2020, Adopted by New Mexico Register, Volume XXXI, Issue 21, November 10, 2020, eff. 11/10/2020