CMS may have strict OSHA requirements for participation in home health care

Numerous Occupational Safety and Health Administration standards could soon be included in home health care eligibility requirements, according to Arlene Maxim, the senior vice president of clinical services at home care software solutions Axxess.

Under OSHA guidelines, employers are required to maintain a workplace “free from recognized hazards that are causing or likely to cause death or serious bodily injury to their employees.” Some guidelines are stricter for healthcare providers. OSHA recommends that providers develop a written violence prevention program that includes: management involvement and employee participation; workplace analysis, prevention and control of hazards; safety and health training; and record keeping and program evaluation.

These types of requirements and more could soon be codified in home health eligibility requirements, Maxim said Monday at the 2024 National Association for Home Care & Hospice Conference in Tampa, Florida.

“I suspect that our conditions of participation will require this at some point,” Maxim said. “It may not be next year, but I suspect at some point they will require us to keep track of all this.”

Other OSHA standards for healthcare providers include establishing safety committees, developing investigation frameworks for when safety incidents occur, and training employees on workplace safety best practices, Maxim explains. The agency also has guidelines specific to home care; these include tips for caregivers who work in high temperatures, unsanitary homes, or other unsafe conditions. Maxim advised providers to stay on top of their security due diligence to avoid potential liability.

“It’s better to have this done in advance than to wait until you get a fine and something happens to you,” she said.

OSHA’s commitment to home health care safety recently deepened following the death of Joyce Grayson, a visiting nurse from Connecticut. The Safety Administration announced in May that it had cited Elara Caring, Grayson’s employer, for willfully failing to protect the worker from harm. The charge carried a fine, and OSHA also reminded home care agencies to maintain the type of workplace violence prevention program recommended for all caregivers.