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Quality, Safety and Oversight Guidance to Laws and Regulations for Home Health Agencies

Guidance for Home Health Agencies and HHA surveyors clarifying the Conditions of Participation for home health agencies (HHAs) and defining the protocols for conducting surveys to determine whether a citation of non-compliance is appropriate. Deficiencies are based on a violation of the statute or regulations, which, in turn, is to be based on observations of the HHA’s performance or practices.

Final

Issued by: Centers for Medicare & Medicaid Services (CMS)

Issue Date: March 05, 2012

The Interpretive Guidelines serve to interpret and clarify the Conditions of Participation for home health agencies (HHAs).  The Interpretive Guidelines merely define or explain the relevant statute and regulations and do not impose any requirements that are not otherwise set forth in statute or regulation. 

The HHA survey is conducted in accordance with the appropriate protocols and substantive requirements in the statute and regulations to determine whether a citation of non-compliance is appropriate.  Deficiencies are based on a violation of the statute or regulations, which, in turn, is to be based on observations of the HHA’s performance or practices.  

The Interpretive Guidelines include three parts:

  • The first part contains the survey tag number. 
  • The second part contains the wording of the regulation. 
  • The third part contains guidance to surveyors, including additional survey procedures and probes.

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DISCLAIMER: The contents of this database lack the force and effect of law, except as authorized by law (including Medicare Advantage Rate Announcements and Advance Notices) or as specifically incorporated into a contract. The Department may not cite, use, or rely on any guidance that is not posted on the guidance repository, except to establish historical facts.