NAC449.770. Governing body; bylaws.

     1. A home health agency must have an organized governing body or designated person who is legally responsible for the conduct of the agency.

     2. The ownership of the home health agency must be disclosed to the Division. The governing body is responsible for compliance with all applicable local, state and federal laws and regulations.

     3. The governing body shall appoint an advisory group of professional personnel, including one or more members who are practicing physicians, one or more professional registered nurses and representatives from other professional disciplines as indicated by the scope of the agency’s program.

     4. The governing body is responsible for periodic administrative and professional evaluations of the agency.

     5. The governing body shall receive, review and take action on recommendations made by the evaluating groups and document those actions.

     6. The governing body shall adopt bylaws or an acceptable equivalent in accordance with legal requirements. The bylaws must be written, revised as needed, and made available to all members of the governing body, the Division and the advisory group. The terms of the bylaws must include at least the following:

     (a) The basis upon which members of the governing body are selected, their terms of office and their duties and responsibilities.

     (b) A provision specifying to whom responsibilities for the administration and supervision of the program and the evaluation of practices may be delegated, and the methods established by the governing body for holding those persons responsible.

     (c) A provision specifying the frequency of board meetings and requiring that minutes be taken at each meeting.

     (d) A provision requiring the establishment of personnel policies.

     (e) The agency’s statements of objectives.

     7. The governing body shall adopt policies for the agency including policies relating to admissions, care and discharge of patients.

     8. The governing body is legally responsible for the appointment of a qualified administrator and the delegation of responsibility and authority.

     9. The governing body shall ensure that the administrator has sufficient freedom from other responsibilities to permit adequate attention to the direction and management of the agency.

     [Bd. of Health, Home Health Agencies Part II Chap. III §§ A & B, eff. 1-10-74]—(NAC A 11-13-96)