CHAPTER 69

FORMERLY

SENATE SUBSTITUTE NO. I

FOR

SENATE BILL NO. 38

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND PART I, SUBCHAPTER II, TITLE 16 OF THE DELAWARE CODE RELATING TO THE POWERS AND DUTIES OF THE STATE BOARD OF HEALTH; AND PROVIDING FOR THE REGULATION OF HOME HEALTH CARE; AND CHAPTER 93, TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF A HOME HEALTH AGENCY.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend 122 (3), Part 1, Subchapter U. Title 16 of the Delaware Code by adding thereto a new subparagraph "n.,"which new subparagraph shall read as follows:

"n. Establish standards for public health quality assurance in the operation of home health agency programs as described below and regulate the public health practice of such programs.

For purposes of this paragraph, a home health agency is any business entity or sub-division thereof, whether public or private, proprietary or not-for-profit, which provides directly or through contract arrangements, to individuals in their home or private residence (excluding residents of hospitals and nursing homes), either 1) two or more of the following services: licensed gaining, home health aide services, physical therapy, speech pathology, occupational therapy, or social services; and where at least one of these services is licensed nursing or homelsealth aide services; or 2) home health aide services exclusively, provided under appropriate supervision. Home health agency does not include any visiting nurse service or home health service conducted by and for those who rely upon spiritual means through prayer alone for healing in accordance with the tenets and practices of a registered church or religious denomination."

Section 2. Amend § 9302 (4), Chapter 93, Title 16 of the Delaware Code by striking subparagraph J. In its entirety and substituting a new subparagraph "j." as follows:

"J. A home health agency is any business entity or sub division thereof, whether public or private, proprietary or not- for-profit, which provides directly or through contract arrangements, to Individuals In their home or private residence (excluding residents of hospitals and mining homes), either 1) two or more of the following services: licensed nursing, home health aide services, physical therapy, speech pathology, occupational therapy, or social services; and where at least one of these services is licensed nursing or home health aide services; or 2) home health aide services exclusively, provided under appropriate supervision. Home health agency does not include any visiting nurse service or home health service conducted by and for those who rely upon spiritual means through prayer alone for healing in accordance with the tenets and practices of a registered church or religious denomination."

Approved July 1, 1985