42 CFR § 484.60 — Condition of participation: Care planning, coordination of services, and quality of care

42 CFR — Public Health · CMS / HHS

42 CFR 484.60 is the Plan of Care (POC) Condition of Participation. Every HHA patient must have a written, individualized POC developed with the patient and the physician (or allowed practitioner — NP, CNS, PA). The POC must be established BEFORE care begins and signed by the physician within a reasonable timeframe (typically interpreted as before billing). The POC covers diagnoses, services, frequency, duration, medications, supplies, safety, discharge plan — comprehensive. Updated when patient condition changes. Care must be delivered per the POC. Common deficiencies: care delivered without a signed POC, POC not individualized (cut-and-paste from another patient), POC not updated when condition changes, services delivered outside POC scope.

Regulation summary

Patients are accepted for treatment on the basis of a reasonable expectation that the patient's medical, nursing, rehabilitative, and social needs can be met adequately in the patient's place of residence. Each patient must receive an individualized written plan of care, developed in partnership with the patient and physician (or allowed practitioner). The plan of care must include all pertinent diagnoses, the patient's mental, psychosocial, and cognitive status, types of services, supplies, and equipment required, the frequency and duration of visits, prognosis, rehabilitation potential, functional limitations, activities permitted, nutritional requirements, all medications and treatments, safety measures, instructions for timely discharge or referral, and any additional items the HHA or physician determines necessary.

Who must comply

All Medicare/Medicaid certified HHAs. The CoP applies to every patient, including private-pay if the HHA is certified.

What happens if violated

Standard or condition-level CMS deficiency. CMPs up to $25,000 per day per deficiency. Combined with 484.55 (comprehensive assessment) deficiencies (they often co-occur), exposure can quickly exceed $100K for a single survey. State licensure parallel consequences.

Implementation checklist

Common misinterpretations

Frequently asked questions

Who can certify a home health Plan of Care?

Physicians have always been able to certify. Since the 2020 amendment under 42 CFR 484.60, 'allowed practitioners' — Nurse Practitioners (NPs), Clinical Nurse Specialists (CNSs), and Physician Assistants (PAs) — can also certify HHA POCs. This was a major operational change for many HHAs and reduced delays.

When must the POC be established?

BEFORE care begins. Physician signature can come slightly later (typically before billing), but the written POC must exist before the first care visit. Care delivered without a written POC is a serious citation.

What must be in the POC?

Per 42 CFR 484.60(a)(2): all pertinent diagnoses; patient's mental, psychosocial, and cognitive status; types of services, supplies, and equipment; frequency and duration of visits; prognosis; rehabilitation potential; functional limitations; activities permitted; nutritional requirements; all medications and treatments; safety measures; instructions for timely discharge or referral; additional items.

How often must the POC be updated?

When the patient's condition changes significantly, OR at recertification (every 60 days for Medicare), OR when interventions change. Continuous-care patients require POC updates at least every 60 days under the recertification cycle.

Can the POC be electronic?

Yes. Electronic POCs are fully acceptable as long as they capture all required elements, are accessible to clinicians during care, and the physician/allowed practitioner certification is documented (electronic signature acceptable).

What happens if my POC isn't individualized?

Surveyor deficiency. Common pattern: HHAs use POC templates that don't account for patient-specific needs, leading to copy-paste boilerplate that contradicts the OASIS assessment. Surveyors compare POCs across patients and cite when patterns suggest non-individualization.

Cross-references: 42 CFR 484.55 · 42 CFR 484.65 · 42 CFR 484.75 · 42 CFR 484.105

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