Starting a Delaware Home Health or Personal Care Agency?

This page presents three common startup paths:

• Delaware Medicare Home Health Agency — skilled home health services with Delaware approval and federal Medicare certification.
• Delaware Home Health Agency — skilled home health services without Medicare billing.
• Delaware Home Care Agency Non-Medical — personal care services provided in a client's residence.

Medical Home Health Agencies are licensed by DHSS. Non-medical Personal Assistance Services Agencies are licensed by DHSS, and their direct care workers must satisfy Delaware screening, testing, competency, training, and supervision requirements.

The Delaware Department of Health and Social Services (DHSS), Division of Health Care Quality licenses skilled Home Health Agencies and non-medical Personal Assistance Services Agencies. The principal regulations are 16 DE Admin. Code 3350 and 3345, respectively.

Delaware lists a $250 initial PASA application fee and $100 annual renewal fee. The Home Health Agency fee is $500 initially and $300 annually. Applicants should verify both agencies' current schedules before payment because fees can change.

Requirements depend on the applicant, ownership structure, location, and proposed services. The application process generally requires:

• A completed application and licensing fee.
• Business, ownership, governing-body, and organizational information.
• HCS 200, HCS 215, HCS 308, HCS 309, HCS 402, and HCS 9165 forms, as applicable.
• Business-formation documents, organizational information, job descriptions, personnel policies, a training plan, and a program description.
• Required liability insurance, workers' compensation coverage, and an employee-dishonesty bond.
• Background checks for specified owners and officers, direct care worker background and registry checks, drug testing, competency, and personnel documentation.

Each applicant must identify the persons responsible for operating the organization and document the ownership, management, job duties, policies, training, and background-clearance information required by the applicable regulator. Medical HHAs also require qualified clinical leadership, including a Director of Patient Care Services.

A Delaware PASA must maintain a Delaware office and required records, and an out-of-state entity must also register to do business in Delaware. Medical HHAs likewise need an approved operational location. Applicants should verify zoning, lease, privacy, record-security, accessibility, and local business requirements before committing to a site.

Processing time varies with application completeness, document review, applicant readiness, inspection scheduling, and correction of deficiencies. Medicare certification or accreditation adds separate steps. Home Health Forms does not guarantee a state or federal processing time.

An PASA may arrange non-medical services such as bathing, dressing, grooming, toileting, transferring, feeding, meal preparation, light housekeeping, shopping, laundry, transportation, companionship, and medication reminders within the lawful non-medical scope.

Skilled nursing and other medical services require the separate DHSS Home Health Agency pathway.

Yes. An PASA must use direct care workers who satisfy Delaware background-check, registry-check, drug-testing, competency, training, and supervision requirements. The organization is also responsible for training, verifying qualifications, maintaining records, and supervising services.

Delaware law contains limited exclusions and exemptions, but labels alone do not determine status. Providers should compare their actual services and business model with the current statute and obtain legal guidance before relying on an exemption.

Not solely because it holds Delaware licensure. An organization planning to seek federal certification must first obtain Delaware state licensure and then complete the applicable Medicare certification and enrollment process. Medicare-certified agencies must also comply with applicable federal Home Health Conditions of Participation.

Yes. A Delaware PASA must implement written policies and procedures approved by its governing body. They must address the agency's administrative, personnel, client-care, emergency, quality-management, and other applicable operational requirements and be reviewed at least annually. Home Health Foms offers policies and procedures that meet regulatory requirements to ensure your success.

Home Health Forms provides startup guidance, customized documents, and application-preparation assistance. DHSS and DHSS make state licensing decisions, and the appropriate federal authorities determine Medicare certification.

The applicant remains responsible for truthful and complete information, qualified personnel, an appropriate office, financial and insurance requirements, fees, regulator requests, inspections, and ongoing compliance. Home Health Foms provides guidance and documents that meet regulatory requirements to ensure your success.

Customized policy manuals, forms, and related digital documents are generally emailed within five business days after Home Health Forms receives all company information needed to complete the customization. Other package components may have separate production timelines.

Cancellation and refund eligibility depends on the work already completed, customized materials produced, digital products delivered, third-party expenses paid, printing ordered, and other services already performed.