5101:3-12-03.1 Non-agency nurses and otherwise-accredited agencies: qualifications and requirements.

"Non-agency nurses" and "otherwise-accredited agencies" who meet the qualifications and requirements of this rule can provide private duty nursing (PDN) in accordance with rule 5101:3-12-02 of the Administrative Code.

(A) A "non-agency nurse" that meets the requirements in accordance with this rule is eligible to participate in the Ohio medicaid program upon execution of a provider agreement in accordance with rule 5101:3-1-17.2 of the Administrative Code. A non-agency nurse is required:-

(1) To be a registered nurse or licensed practical nurse at the direction of a registered nurse practicing within the scope of his or her nursing license pursuant to Chapter 4723. of the Revised Code as an independent provider.

(2) To comply with the requirements of an MCRHHA in accordance to rule 5101:3-12-03 of the Administrative Code except for paragraphs (A), (B)(1) and (C)(1) of rule 5101:3-12-03 of the Administrative Code.

(3) To not be related to the consumer.

(4) To meet all conditions of participation in paragraphs (C) and (D) of rule 5101:3-45-10 of the Administrative Code.

(B) "Otherwise-accredited agency" means an agency that has and maintains accreditation by a national accreditation organization for the provision of home health services, private duty nursing, personal care services and support services, and that has executed a medicaid provider agreement in accordance with rule 5101:3-1-17.2 of the Administrative Code. The accreditation shall be granted by a national accreditation organization approved by the centers for medicare and medicaid services(CMS), which may include, but is not limited to, one of the following: the accreditation commission for health care (ACHC), the community health accreditation program (CHAP) and the joint commission.

(C) Providers of PDN services who are also providers of waiver services to a waiver consumer enrolled in a home and community based services (HCBS) waiver must comply with all applicable requirements including those set forth by the HCBS waiver rule(s).

Effective: 10/26/2009
R.C. 119.032 review dates: 08/11/2009 and 10/01/2014
Promulgated Under: 119.03
Statutory Authority: 5111.02
Rule Amplifies: 5111.01 , 5111.02 , 5111.021 , 5111.85
Prior Effective Dates: 7/1/06