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Brent's Law

Nancy J. Brent, RN, MS, JD received her Juris Doctor from Loyola University Chicago School of Law and concentrates her own solo law practice in health law and legal representation, consultation, and education for health care professionals, school of nursing faculty, and health care delivery facilities.

Brent has conducted many seminars on legal issues in nursing and health care delivery across the country and has published extensively in the area of law and nursing practice.


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Is it necessary for the administrator of a home care agency to be licensed as an administrator?
Thursday November 20, 2008
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Question:

Dear Nancy,

Is it necessary for the administrator of a home care agency to be licensed as an administrator?

L.



Nancy Brent replies:

Dear L.,

Many federal and state laws regulate home healthcare agencies. Under such laws, requirements such as staff qualifications, what home healthcare is defined as, the need to obtain a home healthcare license, financing of home healthcare agencies, and the qualifications for an administrator or owner of an agency are dictated. Also, as you are probably aware, for home health agencies participating in Medicare and Medicaid, detailed conditions of participation exist and must be complied with for reimbursement under these programs.

Home healthcare agencies can be organized in different ways, and how this occurs also dictates what laws are applied to the agency. For example, a home healthcare agency may be established through a hospital. Or, the agency may be established as a “free-standing” business, either as a for-profit or not-for-profit entity.

It would be important for you to consult with a nurse attorney or attorney in your state in order to determine the specific requirements for a home healthcare agency in the state and other specific questions, such as staff and owner/administrator qualifications. You can also begin to research these issues by going to the Web site of your state legislature and placing in the search bar “Home Health Agency Act” or something similar and review what law or laws are listed.

Sincerely,
Nancy



Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.



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