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Title: Section 763.12 - Contracts

Effective Date


763.12 Contracts.

(a) The governing authority may enter into contracts with individuals, organizations, agencies or facilities, when necessary, to provide or obtain those services required by patients. Such contracts shall specify:

(1) the contracting parties' agreements, including, but not limited to:

(i) the services to be provided;

(ii) the manner in which services will be supervised and evaluated;

(iii) charges, reimbursement and other financial arrangements; and

(iv) any provisions made for indemnification between the agency and the contract provider;

(2) that contracted personnel meet the personnel requirements as set forth in section 763.13 of this Part, which can be verified by written documented evidence and examined by the agency and the department on request;

(3) that services provided to the patient by contract shall be in accordance with the plan of care developed by the agency in consultation with all providers of care, as appropriate, and that the contracting party agrees to abide by the patient care policies established by the agency;

(4) that nurses or therapists providing care and services under individual contract with the agency or as personnel of another contracted agency maintain liaison to assure that care planning and service delivery provided by such individuals is coordinated, supervised and integrated effectively into the patient services responsibilities required by this Part;

(5) that the agency to which the patient is admitted retains ultimate responsibility for coordination and provision of patient care;

(6) that the contracting party agrees to permit any personnel providing patient care to participate in patient care conferences upon request of the agency;

(7) that the contracting party submits patient clinical record entries, progress notes, visit schedules and periodic patient evaluations to the agency as frequently and promptly as necessary but at least within 12 calendar days of each visit to reflect:

(i) the current condition and progress of the patient; and

(ii) effective reporting and coordination of patient care between the agency and contract personnel; and

(8) the following terms and conditions: "Notwithstanding any other provisions in this contract, the agency remains responsible for:

(i) ensuring that any service provided pursuant to this contract complies with all pertinent provisions of Federal, State and local statutes, rules and regulations;

(ii) planning, coordinating and ensuring the quality of all services provided; and

(iii) ensuring adherence to the plan of care established for patients."

(b) The agency shall retain sole authority for the admission and discharge of patients. (c) A certified home health agency shall provide to a sub-contracting licensed home care services agency all information to allow such licensed home care services agency to meet the financial and statistical reporting requirements of section 766.12(c)(1) of this Part.


VOLUME E (Title 10)