[Code of Federal Regulations]

[Title 42, Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR485.709]



[Page 631-632]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 485_CONDITIONS OF PARTICIPATION: SPECIALIZED PROVIDERS--Table of 

 

   Subpart H_Conditions of Participation for Clinics, Rehabilitation 

Agencies, and Public Health Agencies as Providers of Outpatient Physical 

             Therapy and Speech-Language Pathology Services

 

Sec.  485.709  Condition of participation: Administrative management.



    The clinic or rehabilitation agency has an effective governing body 

that is legally responsible for the conduct of the clinic or 

rehabilitation agency. The governing body designates an administrator, 

and establishes administrative policies.

    (a) Standard: Governing body. There is a governing body (or 

designated person(s) so functioning) which assumes full legal 

responsibility for the overall conduct of the clinic or rehabilitation 

agency and for compliance with applicable laws and regulations. The name 

of the owner(s) of the clinic or rehabilitation agency is fully 

disclosed to the State agency. In the case of corporations, the names of 

the corporate officers are made known.

    (b) Standard: Administrator. The governing body--

    (1) Appoints a qualified full-time administrator;

    (2) Delegates to the administrator the internal operation of the 

clinic or rehabilitation agency in accordance with written policies;

    (3) Defines clearly the administrator's responsibilities for 

procurement and direction of personnel; and

    (4) Designates a competent individual to act during temporary 

absence of the administrator.



[[Page 632]]



    (c) Standard: Personnel policies. Personnel practices are supported 

by appropriate written personnel policies that are kept current. 

Personnel records include the qualifications of all professional and 

assistant level personnel, as well as evidence of State licensure if 

applicable.

    (d) Standard: Patient care policies. Patient care practices and 

procedures are supported by written policies established by a group of 

professional personnel including one or more physicians associated with 

the clinic or rehabilitation agency, one or more qualified physical 

therapists (if physical therapy services are provided), and one or more 

qualified speech pathologists (if speech pathology services are 

provided). The policies govern the outpatient physical therapy and/or 

speech pathology services and related services that are provided. These 

policies are evaluated at least annually by the group of professional 

personnel, and revised as necessary based upon this evaluation.



[41 FR 20865, May 21, 1976. Redesignated at 42 FR 52826, Sept. 30, 1977, 

and amended at 53 FR 12015, Apr. 12, 1988. Redesignated and amended at 

60 FR 2326, 2327, Jan. 9, 1995; 60 FR 50447, Sept. 29, 1995]