Regulation detail

19 CSR 30-26

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Home Health Agencies

Jurisdiction: MO Agency: Missouri DHSS Division of Regulation and Licensure
HOME_HEALTH (100%)
Plain-English summary

This Missouri regulation establishes minimum licensure requirements for state-licensed home health agencies, incorporating by reference the Medicare Conditions of Participation (42 CFR 484) as the operative standard. It covers the full lifecycle of licensure including initial application, annual renewal, change of ownership, inspection and survey procedures, complaint handling, and voluntary termination. Agencies must also provide dementia-specific training to employees and contractors who have direct contact with patients with Alzheimer's disease or related dementias.

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Regulation text
CODE OF STATE REGULATIONS 1JOHN R. ASHCROFT (5/31/20) 
Secretary of State
Rules of 
Department of Health and 
Senior Services 
Division 30—Division of Regulation and Licensure 
Chapter 26—Home Health Agencies 
 
Title Page 
19 CSR 30-26.010 Home Health Licensure Rule ...............................................................3 
Title 19—DEP ARTMENT OF 
HEALTH AND SENIOR SERVICES 
Division 30—Division of 
Regulation and Licensure 
Chapter 26—Home Health Agencies 
19 CSR 30-26.010 Home Health Licensure 
Rule 
PURPOSE: This rule defines the minimum 
requirements for the provision of home health 
services by state licensed home health pro-
grams. 
PUBLISHER’S NOTE: The publication of the 
full text of the material that the adopting 
agency has incorporated by reference in this 
rule would be unduly cumbersome or expen-
sive. Therefore, the full text of that material 
will be made available to any interested per-
son at both the Office of the Secretary of State 
and the office of the adopting agency, pur-
suant to section 536.031.4, RSMo. Such 
material will be provided at the cost estab-
lished by state law. 
(1) State Licensure Requirements. 
(A) This rule incorporates by reference 42 
CFR 484, Medicare Conditions of Participa-
tion: Home Health Agencies , for Missouri 
licensed home health agencies. Missouri 
licensed home health agencies shall strictly 
meet the currently applicable Medicare Con-
ditions of Participation and sur veys per-
formed for state licensure will be conducted 
per Medicare standards. 
(B) Licensed home health agencies shall 
provide dementia-specific training about 
Alzheimer’s disease and related dementias to 
their employees and those persons working as 
independent contractors who provide direct 
care to or may have daily contact with resi-
dents, patients, clients, or consumers with 
Alzheimer’s disease or related dementias. 
1. The training required for persons pro-
viding direct care shall address the following 
areas, at a minimum: 
A. An overview of Alzheimer’s dis-
ease and related dementias; 
B. Communicating with persons with 
dementia; 
C. Behavior management; 
D. Promoting independence in activi-
ties of daily living; and 
E. Understanding and dealing with 
family issues. 
2. Employees or independent contrac-
tors who do not provide direct care for, but 
may have daily contact with, persons with 
Alzheimer’s disease or related dementias 
shall receive dementia-specific training that 
includes, at a minimum: 
A. An overview of Alzheimer’s dis-
ease and related dementias; and 
B. Communicating with persons with 
dementia. 
3. Dementia-specific training about 
Alzheimer’s disease and related dementias 
shall be incorporated into orientation for new 
employees with direct patient contact and 
independent contractors with direct patient 
contact. The training shall be presented by an 
instructor who is qualified by education, 
experience, and knowledge in the current 
standards of practice regarding individuals 
with Alzheimer’s disease and other related 
dementias. The training shall be provided 
annually and updated as needed. 
(2) State Licensure Management. 
(A) All licensed home health agencies shall 
be licensed and shall conduct all their busi-
ness in their legal name or in their doing 
business as (d/b/a) name as properly regis-
tered with the secretary of state. 
(B) Initial Application Procedure for Home 
Health Agencies. 
1. The applicant shall provide the 
Department of Health and Senior Services 
(department) with a completed application 
for home health license, included herein, 
copy of registration with secretary of state, a 
completed State Disclosure of Ownership and 
Control Interest Statement form, included 
herein, and sufficient evidence that the home 
health agency has established appropriate 
policies and procedures for providing home 
health services according to sections 197.400 
to 197.478, RSMo. The licensure fee must 
accompany the application and is nonrefund-
able. 
2. The applicant shall establish a busi-
ness location (not in a private residence) with 
established business hours. 
3. A Medicare-certified home health 
agency of a bordering state, sharing a recip-
rocal agreement with Missouri, wishing to 
serve Missouri residents, must complete the 
application process for initial licensure and 
establish a business location as described in 
19 CSR 30-26.010(2)(B)2. A valid Missouri 
license must be maintained at all times in 
order for the home health agency to serve 
Missouri residents. The area served in Mis-
souri must be contiguous to the area served 
by the agency in the bordering state. 
(C) Annual Renewal Process. 
1. A license shall be renewed annually 
upon approval of the department when the 
following conditions have been met: 
A. The application for renewal is 
accompanied by a six hundred dollar ($600) 
nonrefundable license fee; 
B. The home health agency is in com-
pliance with the requirements established 
under the provisions of sections 197.400 to 
197.478, RSMo, as evidenced by a survey 
inspection by the department. No license 
shall be renewed unless the department has 
been able to verify compliance through clini-
cal record review and home visits. In lieu of 
department survey, such survey as provided 
in section 197.415.4, RSMo; 
C. The application is accompanied by 
a statement of any changes in the information 
previously filed with the department under 
section 197.410, RSMo, and the effective 
date for that change from the information pre-
viously filed; and 
D. Proof of registration with secretary 
of state’s office in Missouri. 
2. The agency shall submit the Applica-
tion for Home Health Agency License, 
included herein, and licensure fee prior to the 
license expiration date. If the license fee is 
not paid by the expiration date, the depart-
ment may begin the revocation process. 
(D) Change of Ownership. A license shall 
not be transferable or assignable. 
1. When a home health agency is sold or 
ownership or management is transferred, or 
the corporate legal organization status is sub-
stantially changed, the license of the agency 
shall be voided and new license obtained. 
2. The owner shall apply for a new 
license at least ninety (90) calendar days 
prior to the effective date of sale, transfer, or 
change in corporate status. 
3. The department may issue a tempo-
rary operating permit for the continuation of 
the operation of the home health agency for a 
period of not more than ninety (90) days 
pending the survey inspection and the final 
disposition of the application. 
(E) Inspection Process. 
1. The home health agency management 
shall allow representatives of the department 
to survey the home health agency to deter-
mine eligibility for licensing and/or renewal 
of license. On-site sur veys may be unan-
nounced. 
2. After completion of each department 
survey, a written report of the findings with 
respect to compliance or noncompliance with 
the provisions of sections 197.400 to 
197.478, RSMo, and the standards estab-
lished thereunder, as well as a list of defi-
ciencies found shall be prepared. 
A. A copy of the deficiency list shall 
be sent to the home health agency within fif-
teen (15) business days following the survey 
inspection. 
B. The agency management or 
designee shall have ten (10) calendar days fol-
lowing receipt of the written survey report to 
provide the department with a written plan 
 CODE OF STATE REGULATIONS 3JOHN R. ASHCROFT (5/31/20) 
Secretary of State
Chapter 26—Home Health Agencies 19 CSR 30-26
for correcting the cited deficiencies. 
C. Upon receipt of the required plan 
of correction for achieving license compli-
ance, the department shall review the plan to 
determine the appropriateness of the correc-
tive action and respond to the agency. If the 
plan is not acceptable, the department shall 
notify the management or designee and indi-
cate the reasons why the plan was not accept-
able. A revised plan of correction shall be 
provided to the department. 
D. If an agency does not acknowledge 
the deficiencies, the agency must, within ten 
(10) calendar days, request in writing a resur-
vey by the department. If, after the resurvey, 
the home health agency still does not agree 
with the findings of the department, it may 
seek a review of the findings of the depart-
ment by the Administrative Hearing Commis-
sion. A copy of the letter requesting the 
review must be sent to the department. 
E. Upon expiration of the completion 
date for correction of deficiencies specified in 
the approved plan of correction, the depart-
ment shall determine if the required correc-
tive measures have been acceptably accom-
plished. The department shall document that 
the corrective action has been satisfactorily 
completed. If the department finds the home 
health agency still fails to comply with sec-
tions of 197.400 to 197.478, RSMo, the 
department may rewrite the deficiencies and 
request another plan of correction or may 
take action to suspend or revoke the license. 
(F) Refusal to Issue/Suspension/Revoca-
tion of License. The department shall refuse 
to issue or shall suspend or shall revoke the 
license of any home health agency for failure 
to comply with any provision of sections 
197.400 to 197.478, RSMo, or with any rule 
or standard of the department adopted under 
the provisions of sections 197.400 to 
197.478, RSMo, or for obtaining the license 
by means of fraud, misrepresentation, or con-
cealment of material facts. 
1. Any home health agency which has 
been refused a license or which has had its 
license revoked or suspended by the depart-
ment may seek a review of the department’s 
action by the Administrative Hearing Com-
mission. A copy of the letter requesting the 
review must be sent to the department. 
2. The department will not consider 
application for home health licensure for a 
period of twelve (12) months after revocation 
or denial of the agency’s license. 
(G) V oluntary Termination. 
1. To voluntarily terminate a home 
health agency license, the agency must submit 
to the department, in writing, on agency let-
terhead the following information: 
A. A request for termination of their 
state license (include license number); 
B. State the effective date of termina-
tion; 
C. State disposition of active 
caseload; and 
D. Location of medical record stor-
age. 
2. The agency must enclose the original 
voided license with the voluntary termination 
letter. 
(H) Complaint Procedure. The department 
may accept complaints by phone or in writ-
ing. 
1. Any person wishing to make a com-
plaint against a home health agency licensed 
under the provisions of sections 197.400 to 
197.478, RSMo, may file the complaint in 
writing with the department setting forth the 
details and facts supporting the complaints. 
2. The department may also accept com-
plaints regarding a licensed home health 
agency by phone and may document that the 
complaint was received. 
3. The nature of the complaint will 
determine if an investigation is appropriate or 
if referral of the complaint to another agency 
is needed. 
4. An on-site visit may be made by a 
department representative and deficiencies 
may be written. 
5. The process for documentation of 
complaints will be determined by the depart-
ment. 
6. The agency must comply with para-
graph (2)(E)3. in response to deficiencies 
written as a result of a complaint investiga-
tion. 
4 CODE OF STATE REGULATIONS (5/31/20) J OHN R. ASHCROFT 
Secretary of State
19 CSR 30-26—DEPARTMENT OF HEALTH AND 
     SENIOR SERVICES Division 30—Division of Regulation and Licensure

 CODE OF STATE REGULATIONS 5JOHN R. ASHCROFT (5/31/20) 
Secretary of State
Chapter 26—Home Health Agencies 19 CSR 30-26

6 CODE OF STATE REGULATIONS (5/31/20) J OHN R. ASHCROFT 
Secretary of State
19 CSR 30-26—DEPARTMENT OF HEALTH AND 
     SENIOR SERVICES Division 30—Division of Regulation and Licensure

 CODE OF STATE REGULATIONS 7JOHN R. ASHCROFT (2/28/22) 
Secretary of State
Chapter 26—Home Health Agencies 19 CSR 30-26

8 CODE OF STATE REGULATIONS (2/28/22) J OHN R. ASHCROFT 
Secretary of State
19 CSR 30-26—DEPARTMENT OF HEALTH AND 
     SENIOR SERVICES Division 30—Division of Regulation and Licensure
AUTHORITY: section 197.445, RSMo 2000 
and section 660.050, RSMo Supp. 2008.* 
Original rule filed Aug. 17, 1998, effective 
Jan. 30, 1999. Amended: Filed Oct. 22, 
2008, effective June 30, 2009. ** 
*Original authority: 197.445, RSMo 1983, amended 
1993, 1995, 1997 and 660.050, RSMo 1984, amended 
1988, 1992, 1993, 1994, 1995, 2001. 
**Pursuant to Executive Order 21-07, 19 CSR 30-26.010, subsection 
(1)(B) was suspended from April 22, 2020 through August 31, 2021. 
Pursuant to Executive Order 21-09, 19 CSR 30-26.010, subsection 
(1)(A) and section 197.400(3), RSMo was suspended from April 9, 
2020 through December 31, 2021.