Present law provides the following:
(1) The offices of a home care organization providing home health services must be classified as either a parent office of the home care organization or as a branch office of the home care organization;
(2) A home medical equipment provider that provides respiratory care equipment and employs a respiratory care therapist, technician, or assistant for the purpose of assisting patients with the use of such equipment is prohibited from being required to obtain authority as a provider of home health services; and
(3) A home care organization that provides home health services or hospice services must require a criminal background check of persons who apply for employment with the organization as a paid employee and provider of direct care to a patient, prior to such persons being employed by the organization. This provision also applies to any company, organization, or agency that provides or arranges for the supply of direct care staff to an organization. The company, organization, or agency must report the results of the criminal background check to any home care organization in which the company, organization, or agency arranges for that individual to work, upon such a request by a company, organization, or agency.
As used in present law, a "home health service" generally means a service provided an outpatient by an appropriately licensed health care professional or an appropriately qualified staff member of a licensed home care organization in accordance with orders recorded by a physician, advanced practice registered nurse, or physician assistant, that includes one or more items or services of care listed in law, such as skilled nursing case; physical, occupational, or speech therapy; medical social services; home health aide services; and medical supplies and appliances, other than drugs and pharmaceuticals, when provided or administered as part of, or through the provision of, the services of home care organizations.
This bill adds to the present law by clarifying that "home health service" does not include the following:
(1) Services provided by a person or entity that provides solely the services of health care professionals licensed under the Occupational and Physical Therapy Practice Act and provides such services only on an outpatient basis; or
(2) Therapy services provided by a person or entity that provides outpatient services under the Social Security Act and reimbursed under Medicare or other similar commercial or Medicare advantage plans.
However, this bill does not exclude a sole therapist from the requirement of the present law relative to professional support services.
ON MARCH 25, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1853, AS AMENDED.
AMENDMENT #1 rewrites the bill as follows:
(1) Establishes that "home health services" does not include services that are (i) provided by a person or entity that provides solely the services of a healthcare professional licensed under state law relative to occupational therapy, physical therapy, and communication disorders and sciences; (ii) provided solely on an outpatient basis; (iii) provided to individuals who are not certified by a physician as meeting the definition of homebound as defined in the federal Social Security Act; and (iv) reimbursed under medicare part A;
(2) Establishes that (1) above does not exclude a therapist or entity from the requirements of state law relative to professional support services; and
(3) Establishes that a "home health service" does not include physical, occupational, or speech therapy services provided by a person or entity that provides solely the services of a healthcare professional licensed under state law relative to occupational therapy, physical therapy, and communication disorders and sciences when provided in the room or residence of an assisted-care living facility resident.

Statutes affected:
Introduced: 68-11-201(25), 68-11-201