Title: Section 766.10 - Contracts

766.10 Contracts. (a) The governing authority or operator may enter into contracts with individuals, organizations, agencies and facilities when necessary, to obtain or provide patient care services.

(b) No licensed home care service may be provided by arrangement without a written contract which specifies:

(i) services to be provided,

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

(iii) charges and other financial arrangements; and

(iv) any provisions made for indemnification between the agency and the contract providers.

(c) Contract personnel shall meet the personnel requirements as set forth in section 766.11 of this Part, which can be verified by written documented evidence and examined by the agency and the department.

(d) Contractual arrangements pursuant to subdivision (a) of this section, shall not diminish the licensed home care services agency's responsibility for maintaining adequacy of services provided by the agency and shall specify the following terms and conditions:

Notwithstanding any other provisions in this contract, the licensed home care services agency remains responsible for:

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

(2) ensuring the quality of all services provided by the agency; and

(3) ensuring adherence by agency staff to the agency plan of care established for patients.

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

(f) If the licensed home care services agency contracts to provide personal care services with a local social services district, the physician's orders and nursing and social assessment may, pursuant to the contract and consistent with the provisions set forth in this Part, be maintained by the local social services district purchasing the services, provided that the local social services district furnishes such written documentation and information, including copies of the physician's orders and nursing assessment, and access to its staff, as may be required by the department or by the licensed agency to assure compliance with applicable statutes, rules and regulations. Nothing herein shall be construed to diminish the responsibilities of the local social services district under applicable State or Federal statutes, rules and regulations.

(g) If a licensed home care services agency contracts with a certified home health agency, long term home health care program, AIDS home care program or hospice, to provide personal care or home health aide services, the patient assessment, plan of care, clinical record entries, supervision of such services and the obtaining of medical orders may, pursuant to the contract and consistent with the provisions set forth in this Part, be conducted and documentation maintained by the agency purchasing the service, provided that the certified home health agency, long term home health care program, AIDS home care program or hospice, furnishes such written documentation and information and access to its staff, as required by the licensed agency, to permit the licensed home care services agency to assure compliance by its employees with applicable statutes, rules and regulations.
(h) If a licensed home care services agency contracts with a certified home health agency, the administrative and general costs of such licensed home care services agency shall not exceed the annual statewide average administrative and general limitation applied to certified home health agencies in accordance with subdivision (7) of section 3614 of the public health law.