(1) The agency shall conduct an annual assessment of the home health aide for medically fragile children program. The assessment must report caregiver satisfaction with the program, report data on adverse incidents, and identify additional support that may be needed by the home health aide for medically fragile children, and assess the rate and extent of hospitalization of children in home health services who are attended by a home health aide for medically fragile children compared to those in home health services provided by a registered nurse or a licensed practical nurse without a home health aide for medically fragile children. Medicaid managed care plans shall provide to the agency data necessary to perform this assessment. (2) The home health agency must report all adverse incidents occurring under the care of a home health aide for medically fragile children to the agency and managed care plan within 48 hours of the incident. For purposes of reporting to the agency under this section, the term “adverse incident” means: (a) Death. (b) Brain or spinal damage. (c) Permanent disfigurement. (d) Fracture or dislocation of bones or joints. (e) A limitation of neurological, physical, or sensory function. (f) An event that is reported to law enforcement or its personnel for investigation. By January 1 of each year, beginning January 1, 2025, the agency shall report its findings to the Governor, the President of the Senate, and the Speaker of the House of Representatives.
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