N.Y. Comp. Codes R. & Regs. tit. 10 § 763.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 763.3 - Patient care

(a) The governing authority shall ensure that a comprehensive array of services is available and provided as needed.

(1) For a certified home health care agency, such services shall include, as a minimum, the following services which are of a preventive, therapeutic, rehabilitative, health guidance and/or supportive nature to persons at home: nursing services; home health aide services; medical supplies, equipment and appliances suitable for use in the home; and at least one additional service which may include, but not be limited to, the provision of physical therapy, occupational therapy, speech/language pathology, nutritional services and social work services.

(2) For a long term home health care program or AIDS home care program, such services shall include as a minimum: nursing services; home health aide services; medical supplies, equipment and appliances; physical therapy; occupational therapy; respiratory therapy; speech- language pathology; audiology; medical social work; nutritional services; personal care; homemaker and housekeeper services.

(b) An agency shall provide at least one of the services identified in paragraph (a)(1) of this section directly, while any other services may be provided directly or by contract arrangement. For purposes of this Part, the direct provision of services includes the provision by employees compensated by the agency or individuals under contract with the agency, but does not include the provision of services through contract arrangements with other agencies or facilities.

(c) The agency shall assist the patient with obtaining, from other facilities, agencies or individuals, any of the services in subdivision (a) of this section that are not provided by the agency and which are needed by the patient.

(d) An agency must ensure the availability 24 hours a day, seven days a week of:

(1) professional telephone consultation for patients or caregivers; and

(2) part-time, intermittent nursing and home health aide visits in the home as the needs of the patient dictate. If personal care or homemaker services are provided by the agency, such services must also be available on a part-time, intermittent basis, 24 hours a day, seven days a week.

(e) If the agency is providing only personal care services to a patient, such services shall be provided in accordance with the regulations in this Article applicable to licensed home care services agencies.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 763.3