Summer 2018

Moreover, it is important for all home care agencies seeking to maintain or grow relationships with facilities utilizing third-party credentialing systems to cross-reference their existing state regulations with these standarized third- party community standards, to ascertain whether or not any additional action must be taken by the home care agency. For example, a home care agency may need to change their own hiring policies and procedures (i.e. proof of negative TB test for those states that do not require for home care providers), or in the alternative, commence discussions with the facility to see what other action can be taken in the immediacy to ensure no interruption in services to existing clients. Legal Implications All home care providers working with facilities who utilize these third-party credentialing systems must also be familiar with the uniform contract (referred to by the third-party credentialing system as "vendor agreement and access agreement"). This uniform contract is required to be exe- cuted prior to the home care agency being deemed credentialed by the third-party system. The essential terms of this uniform contract include a release and indemnifi- cation provision agreeing to release and indemnify/hold harmless the third-party system as well as the facility from any and all actions, losses or liability (including injury) arising out of the home care provid- er's performance of duties within the facility as well as an agreement that the facility will at no time and under no circumstances be liable for any loss or damage to the provider or any of its employees. Also included with this agreement is an acknowledgment by the home care provider that its employees will follow all facility policies and proce- dures governing conduct. Moving Forward As noted, for those home care providers that are partnering with facilities that have implemented third-party credentialing systems, additional steps must be taken by the home care agency. These include: • Ensure that the home care agency's own internal policies and procedures reflect these heightened requirements to the extent they do not already (i.e. TB testing, drug screen etc.); • Determine whether or not the home care provider will pass on to the client some of the associated costs inherent with these third-party credentialing systems; • For those home care providers operating in states requiring licensing, additional training must be provided to caregivers placed within facilities concerning scope of services the caregivers are actually licensed to perform vs. what facility staff must perform; and, finally • Operators and/or management must be similarly cognizant of their agency's licensed scope of services when com- pleting the third-party system’s required access agreement, which delineates the provider's services.  ...it is important for all home care agencies seeking to maintain or grow relationships with facilities utilizing third-party credentialing systems to cross- reference their existing state regulations with these standarized third-party community standards, to ascertain whether or not any additional action must be taken by the home care agency. 11 Summer 2018 FEATURE ARTICLE