Hi all,
MHCA has been in contact with NAHC regarding this. Below is the answer we were given:
OSHA uses the term in-home healthcare throughout the ETS. The term “home healthcare” generally refers to skilled healthcare services, which includes hospice care, provided
in a patient’s home, usually through a Medicare or Medicaid certified home health or hospice agency. However, it is apparent from several of the sections in the preamble of the ETS that non-medical” home care” providers could be subject to the ETS. For example,
the following paragraph on page 32409 in the FR is titled In-Home Healthcare Providers but refers to personal care services and services provided by skilled professionals.
In-Home Healthcare Providers:
In-home healthcare workers provide medical or personal care services, like those provided in long-term care facilities, inside the homes of
people unable to live independently. Patients receiving in-home care could receive services from different types of healthcare providers (e.g., a nurse administering medical care, a physical therapist assisting with exercise, a personal care services provider
assisting with daily functions such as bathing). In addition, a number of workers may provide services to the same patient, while working in shifts over the course of the day. In-home healthcare providers have a high risk of infection from working close to
patients and possibly their family members or other caregivers in enclosed spaces (e.g., performing a physical examination, helping the patient bathe),
Conversely, under ยง1910.502(b) healthcare services are defined as services provided only by professional healthcare practitioners.
Healthcare services mean services that are provided to individuals by professional healthcare practitioners (e.g., doctors, nurses, emergency
medical personnel, oral health professionals) for the purpose of promoting, maintaining, monitoring, or restoring health.
In the preamble of the rule, OSHA to refers to healthcare professionals as those individuals that generally have either licensure or credentialing requirements; although
the terms “licensing and credentialing” are not in the regulatory text for the definition of healthcare services at 1910.502(b).
Furthermore, The OSHA standards division responded to a question submitted by
NAHC which states as follows:
“The ETS applies to settings where any employee provides healthcare services or healthcare support services, as those terms are defined in the standard. Housekeeping,
meal preparation, and other services that do not facilitate the provision of healthcare services are not covered under the ETS.”
Therefore, due to the various definitions for healthcare services and home healthcare providers,
NAHC has concluded that non-medical homecare
providers who provide personal care services by home care aides or personal care aides where credentials such as certifications or competency evaluations are required are subject to the requirements of the
ETS. Whereas, home care providers that do not provide any direct patient care services such as housekeeping and meal preparation are not required to comply with ETS.
Best regards,
Brianna Lindell
Regulatory Affairs Manager
Minnesota Home Care Association
1265 Grey Fox Road, Suite 2 | Arden Hills, MN 55112-6929
Direct: 651.240.3380 | Main:
651.635.0607
www.mnhomecare.org
|
blindell@mnhomecare.org
From: comprehensivecompliance@list.mnhomecare.org <comprehensivecompliance@list.mnhomecare.org>
On Behalf Of Jeanette Mefford
Sent: Monday, August 9, 2021 1:29 PM
To: Jill Cross <JillC@alliancehealthcare.com>; comprehensivecompliance@list.mnhomecare.org
Subject: RE: OSHA ETS
Are all of your services provided under the same tax ID numbers so all are in the same agency? If so, I think you would be held to the highest standard. If the agency is Medicare certified – those rules apply. If PCA is separate,
this is a non- licensed program and they have different requirements. Jeanette
Jeanette Mefford, MPH, BSN
Mefford, Knutson & Associates, Inc.
Consultants to Health Care businesses
2950 Metro Drive, Suite 301
Minneapolis, MN 55425
Phone: 612-869-8011
Fax: 952-500-8240
Cell: 612-802-0477
From:
comprehensivecompliance@list.mnhomecare.org <comprehensivecompliance@list.mnhomecare.org>
On Behalf Of Jill Cross
Sent: Monday, August 9, 2021 1:12 PM
To: comprehensivecompliance@list.mnhomecare.org
Subject: OSHA ETS
Good afternoon everyone,
I have reached out to the nurse consultants numerous times, but thought I’d post here as well.
We have had extensive COVID emergency plans in place for a long while now for all areas of our business. However, we feel the new OSHA ETS has so many areas that seem clear as mud to us. Especially surrounding licensed vs non licensed personnel,
FDA approved masks (respirators AND surgical/procedural masks?), how does PCA fit into this, etc.
If anyone wants to share what their agencies have put into place that would be super helpful.
Our agency serves multiple populations to include skilled nursing/HHA, homemaking, PCA, ARMHS, 245 D, etc.
Thanks!
Jill Cross
| RN Director of Nursing
Alliance Health Care | Alliance Health Services | Alliance Medical Supply
2260 Cliff Road, Eagan, MN 55122 | P: 651.895.8030 | Fax: 651.895.8070
jillc@AllianceHealthCare.com
| www.AllianceHealthCare.com
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