1. (1) The home health agency shall be organized under a governing body that assumes full legal responsibility for the conduct of the home health agency.

2. (2) The governing body shall:

   1. (a) develop an organization chart that shows the administrative structure;
   2. (b) be responsible for compliance with federal regulation, state rules, and local laws;
   3. (c) ensure there is no discrimination on the basis of race, color, sex, religion, ancestry, national origin;
   4. (d) adopt policies and procedures that describe functions or services and protect client rights;
   5. (e) review and make available to the department, the written annual evaluation report from the administrator and make recommendations as necessary;
   6. (f) provide resources and equipment to provide a safe working environment for personnel; and
   7. (g) establish a system of financial management and accountability;

3. (3) The governing body shall have the authority and responsibility to develop and implement bylaws to include:

   1. (a) a statement of purpose;
   2. (b) a statement of qualifications for membership and methods to select members of the governing board;
   3. (c) a process for the establishment, selection, and term of office for committee members and officers;
   4. (d) a description of functions and duties of the governing body, officers, and committees;
   5. (e) a statement of the authority and responsibility delegated to the administrator;
   6. (f) a statement relating to conflict of interest of members of the governing body or employees who may influence licensee decisions;
   7. (g) annually required meetings as stated in bylaws; and
   8. (h) appointment by name and in writing of a qualified administrator who is responsible for the agency's overall functions.

KEY: health care facilities

Date of Last Change: July 6, 2023

Notice of Continuation: August 13, 2021

Authorizing, and Implemented or Interpreted Law: 26B-2-202