39-2401. PURPOSE AND AUTHORITY. (1) The purpose of this chapter is to provide for the development, establishment, and enforcement of standards for the care and treatment of individuals by agencies as provided by this chapter. (2) For the purposes of this chapter, the board of health and welfare, in consultation with provider representatives, shall have […]
39-2402. DEFINITIONS. As used in this chapter: (1) "Board" means the board of health and welfare. (2) "Business entity" means a public or private organization owned or operated by one or more persons. (3) "Department" means the department of health and welfare. (4) "Health care services" mean any of the following services that are provided […]
39-2403. LICENSURE REQUIRED. After January 1, 1993, no private or public agency or organization may advertise, operate, manage, conduct, open, maintain, or hold itself out to the public to be a home health agency unless licensed by the department of health and welfare. The department may grant licenses without conducting a licensure survey to medicare […]
39-2404. APPLICATION — ISSUANCE — RENEWAL — DENIAL. (1) An application for a license shall be made to the department upon forms provided by it and shall contain such information as it reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully adopted by […]
39-2405. RULES, REGULATIONS, AND ENFORCEMENT. The board of health and welfare, with the advice of the advisory board of home health providers, shall have the authority to adopt, amend, and enforce such rules, regulations and standards with respect to all home health agencies to be licensed under the provision of this chapter as are designed […]
39-2406. INSPECTIONS AND CONSULTATIONS. The licensing agency shall make or cause to be made such inspections and investigations of home health agencies as it deems necessary, and may provide for consultations and conferences between agencies and the licensing agency. History: [39-2406, added 1992, ch. 56, sec. 2, p. 165.]
39-2407. INFORMATION CONFIDENTIAL. Information received by the department through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such a manner as to identify individual patients of agencies, except in a proceeding involving the question of licensure. Public disclosure of information obtained by the department for the purposes […]
39-2408. INJUNCTION TO PREVENT OPERATION WITHOUT LICENSE. Notwithstanding the existence or pursuit of any other remedy, the department may in the manner provided by law maintain an action in the name of the state for injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation […]
39-2409. BILL OF RIGHTS. A licensee shall provide each person or designated representative with a written bill of rights which shall be in substantially the same form as the currently effective version of regulations affecting patients’ rights utilized for the medicare and medicaid programs. History: [34-2409, added 1992, ch. 56, sec. 2, p. 166.]
39-2410. USE OF TERMS LIMITED. No person may use any words in its corporate or business name, or advertise using such words to indicate that it is licensed under the provisions of this chapter or provides the type of services provided by an agency licensed under the provisions of this chapter unless it is in […]
39-2411. PERSONS, ACTIVITIES OR ENTITIES NOT SUBJECT TO REGULATION UNDER THIS CHAPTER. The following are not subject to regulation for the purposes of this chapter: (1) A family member; (2) An organization that provides only meal service in a person’s residence; (3) Entities furnishing durable medical equipment that does not involve the delivery of professional […]
