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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsNovember 2018

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The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the September 2018 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by October 1, 1018 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Medicaid and Medical Assistance (DMMA) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the proposed regulation. Comments were to have been received by 4:30 p.m. on October 1, 2018.
The initial Proposed Regulation for Home Health Services was published in the June 1, 2018 issue of the Delaware Register of Regulations (21 DE Reg. 951) with a comment period of June 1 - July 2. After consideration of public comments, the Proposed regulation was reprinted as Proposed in the September 1, 2018 issue of the Delaware Register of Regulations and there were no comments received as a result of that publication.
Home Health agencies must be certified by Medicare or accredited by an accreditation organization and be properly licensed by the State in which they are located.
An "accreditation organization" means a professional organization that evaluates Home Health agencies and certifies that services are being performed in accordance with acceptable practices and standards established by the accreditation organization. A current list of approved accreditation organizations can be found at
Home Health Services are reimbursed in accordance with 42 CFR 42 CFR 440.70 and when provided as defined in Attachment 3.1-A of this State Plan, subject to the requirements of 42 CFR 441.15 and 42 CFR 441.16.
Last Updated: December 31 1969 19:00:00.
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