At-Home Patient Care Waivers

Section 250.300  At-Home Patient Care Waivers a)         To adequately respond to COVID-19, a hospital may apply to the Centers for Medicare and Medicaid Services (CMMS) for an Acute Hospital Care at Home waiver from the requirements of 42 CFR 482.23(b) and (b)(1) to provide limited inpatient services directly in a patient’s home. The waiver application may be found at https://qualitynet.cms.gov/acute-hospital-care-at-home. b)         A participating hospital with an approved waiver from the Centers for Medicare and Medicaid Services (CMMS) shall provide the Department with the following: 1)         A copy of the CMMS-approved Medicare waiver; 2)         A copy of the participating hospital’s screening protocol to determine patient eligibility for the at-home, inpatient services; and 3)         A copy of the participating hospital's policy and procedures for clinical management of inpatients at home. c)         The Department will conduct any complaint investigation, survey, or inspection of the participating hospital, request any documentation, and require corrective action pursuant to its State licensure authority under the Hospital Licensing Act and this Part. d)         A participating hospital also shall meet the following requirements: 1)         Provide safe and quality care to each patient in the patient's home; 2)         Prohibit all abuse of a patient by an administrator, agent, employee, or member of its medical staff and, in addition, comply with the abuse and neglect reporting requirements of Section 250.260 for suspected occurrences; 3)         Ensure access to health care information and services for limited English-speaking or non-English speaking patients, in compliance with Section 250.265; 4)         Administer no medication, treatment, or diagnostic test to a patient except on a written or verbal order, if necessary, by a licensed medical professional acting within the professional's scope of practice; 5)         Ensure nursing services are under the direction of a registered nurse who has qualifications in nursing administration; 6)         Maintain an adequate, timely, and complete medical record for each patient receiving at-home care in compliance with Section 250.1510; 7)         Comply with incident reporting requirements in Section 250.1520(f); 8)         Ensure all drugs and medicines are stored and dispensed in compliance with Section 250.2110(f) and (g); and 9)         Comply with State law or rule related to COVID-19 diagnosis and treatment from the Department or other State agencies.