Page:United States Statutes at Large Volume 101 Part 2.djvu/862

 101 STAT. 1330-68

PUBLIC LAW 100-203—DEC. 22, 1987

"(G) The right to be informed of the availability of the State home health agency hot-line established under seclu. tion 1864(a). "(2) The agency notifies the State entity responsible for the licensing or certification of the agency of a change in— "(A) the persons with an ownership or control interest (as defined in section 1124(a)(3)) in the agency, m.iP'-M "(B) the persons who are officers, directors, agents, or managing employees (as defined in section 1126(b)) of the agency, and "(C) the corporation, association, or other company ,J ' responsible for the management of the agency. •'* Such notice shall be given at the time of the change and shall include the identity of each new person or company described in 'SJ the previous sentence. "(3)(A) The agency must not use as a home health aide (on a full-time, temporary, per diem, or other basis), any individual who is not a licensed health care professional (as defined in subparagraph (F)) to provide items or services described in section 1861(m) on or after January 1, 1990, unless the individ.M?(-0;=;/3US^

ual—

"(i) has completed a training and competency evaluation program, or a competency evaluation program, that meets the minimum standards established by the Secretary under subparagraph (D), and "(ii) is competent to provide such items and services. For purposes of clause (i), an individual is not considered to have completed a training and competency evaluation program, or a competency evaluation program if, since the individual's most recent completion of such a program, there has been a continuous period of 24 consecutive months during none of which the individual provided items and services described in section 1861(m) for compensation. "(B)(i) The agency must provide, with respect to individuals used as a home health aide by the agency as of July 1, 1989, for a competency evaluation program (as described in subparagraph (A)(i)) and such preparation as may be necessary for the individual to complete such a program by January 1, 1990. "(ii) The agency must provide such regular performance review and regular in-service education as assures that individuals used to provide items and services described in section 1861(m) are competent to provide those items and services. "(C) The agency must not permit an individual, other than in a training and competency evaluation program that meets the minimum standards established by the Secretary under subparagraph (D), to provide items or services of a type for which the individual has not demonstrated competency. "(D)(i) The Secretary shall establish minimum standards for the programs described in subparagraph (A) by not later than October 1, 1988. "(ii) Such standards shall include the content of the curriculum, minimum hours of training, qualification of instructors, and procedures for determination of competency. "(iii) Such standards may permit approval of programs offered by or in home health agencies, as well as outside agencies (including employee organizations), and of programs in effect on the date of the enactment of this section; except that they may

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