​Home Care Agencies Regulations

Entities established after December 12, 2009 must obtain a license prior to providing home care services. The regulations for HCAs and HCRs were published in the Pennsylvania Bulletin as final rule-making.

The following is a summary of the regulations for HCAs and HCRs:

• Conduct criminal background checks and child abuse clearances, if applicable, on all staff.
• Conduct TB screens for all direct care workers, contractors and office staff with direct consumer contact.
• Ensure the competency of individuals that provide care by making sure they:
• possess a valid nurses license; or
  • demonstrate competency by passing a competency examination developed by the HCA/HCR; or
  • have successfully completed at least one of the following:
    • The nurse aide certification and training program sponsored by the Department of Education;
    • A home health aide training program meeting the requirements of 42 C.F.R. 484.36;
    • A training program meeting the training standards imposed on the HCA/HCR by virtue of their participation as a provider in a Medicaid Waiver or other publicly funded program providing home and community-based services;
    • A program approved by the department and published in the Pennsylvania Bulletin or posted on the department's website;

    Provide information to consumers regarding:
    

    • The right to be involved in the service planning process;
    • The right to receive services with reasonable accommodations;
    • The right to receive 10 calendar days advance notice of termination of service(s);
    • The right to receive less than 10 days written notice if consumer has failed to pay, despite notice, and is more than 14 days in arrears; or if health and welfare of the direct care worker is at risk;
    • The services that will be provided, the identity of the direct care workers that will provide the service, the hours when services will be provided, fees and total costs;
    • Department of Health contact information regarding licensure requirements;
    • Department of Health complaint hotline number;
    • Telephone number for the local ombudsman and competency requirements for direct care workers;
    • Whether the direct care worker is an employee or independent contractor;
    • Tax obligations and employment responsibilities of HCA/HCR and consumer with regard to the direct care workers; and
    • Documentation that demonstrates personal face-to-face interview with all direct care workers or independent contractors.
      

    HCAs or HCRs may not:
    

    • assume Power of Attorney or guardianship over a consumer utilizing the services of the HCA or HCR; or
    • require a consumer to endorse checks over to the HCA or HRC.
      

    The Department of Health is required to:
    

    • collect an annual licensing fee;
    • determine HCA/HCR compliance with licensure requirements through on-site surveys; interviews with office staff, direct care workers, consumers and other individuals providing care; and review of all relevant files, documents, policies and procedures;
    • identify deficiencies;
    • require plans of correction for deficiencies;
    • accept or reject plans of correction; and
    • investigate complaints.

    Rules & Regulations

    • Health Care Facilities Act
      
    • Title 28 Pa. Code Chapter 51
      
    • Chapter 611