R432-700-8. Governing Body and Policies

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

  (2) The administrative structure of the agency must be shown by an organization chart.

  (3) The governing body shall assume responsibility to:

  (a) Comply with all federal regulations, state rules, and local laws;

  (b) Adopt policies and procedures which describe functions or services of the home health agency and protect patient rights;

  (c) Adopt a statement that there is no discrimination because of race, color, sex, religion, ancestry, or national origin;

  (d) Develop and implement bylaws which shall include at least:

  (i) A statement of purpose;

  (ii) A statement of qualifications for membership and methods to select members of the governing board;

  (iii) A provision for the establishment, selection, and term of office for committee members and officers;

  (iv) A description of functions and duties of the governing body, officers, and committees;

  (v) A statement of the authority and responsibility delegated to the administrator;

  (vi) A policy statement relating to conflict of interest of members of the governing body or employees who may influence agency decisions;

  (vii) Meet as stated in bylaws, at least annually;

  (viii) Appoint by name and in writing a qualified administrator who is responsible for the agency's overall functions.

  (4) Review the written annual evaluation report from the administrator and make recommendations as necessary. Documentation of this review shall be available to the Department.

  (5) Make provision for resources and equipment to provide a safe working environment for personnel.

  (6) Establish a system of financial management and accountability.