QA Investigation Results

Pennsylvania Department of Health
FAITHFUL @ HOME CARE, LLC
Health Inspection Results
FAITHFUL @ HOME CARE, LLC
Health Inspection Results For:


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Initial Comments:


Based on the findings of an unannounced onsite home care agency complaint investigation survey completed on February 27, 2019, Faithful @ Home Care, Llc. was found not to be in compliance with the requirements of 28 Pa. Code, Health Facilities, Part IV, Chapter 611, Subpart H. Home Care Agencies and Home Care Registries.





Plan of Correction:




611.57(a) LICENSURE
Consumer Rights

Name - Component - 00
(a) The consumer of home care services provided by a home care agency or through a home care registry shall have the following rights: (1) To be involved in the service planning process and to receive services with reasonable accommodation of individual needs and preferences, except where the health and safety of the direct care worker is at risk. (2) To receive at least 10 calendar days advance written notice of the intent of the home care agency or home care registry to terminate services. Less than 10 days advance written notice may be provided in the event the consumer has failed to pay for services, despite notice, and the consumer is more than 14 days in arrears, or if the health and welfare of the direct care worker is at risk.

Observations:


Based on review of consumer files (CFs), consumer admission packet, and an interview with the client services manager, the agency failed to provide the consumer an advance written notice of the intent of the home care agency or home care registry to terminate services for one (1) out of three (3) CFs (CF#3).

Findings include:

A review of CFs was conducted on February 27, 2019 between approximately 9:30 a.m. and 12:00 p.m. The consumers start of service (SOS) is listed below:

CF#2 SOS 11/01/18: No documentation provided of the agency providing the consumer an advance written notice due to the consumer or consumers representative failing to pay for services, despite notice, of the consumer being more than 14 days in arrears on agency payments. Documentation shows the agreed upon hours between the agency and the consumer were "Monday - Friday 3:30 - 6:30 p.m. Saturday and Sunday 10: p.m. - 6:00 a.m., Monday - Friday 10: p.m. - 7:00 a.m., and flexible hours 16 hours/month and non-school days 7:00 a.m. - 5:00 p.m.".
Per CF#2's mother, she received a phone call from the agency (EF#4) informing her that the agency was "suspending my sons services effective immediately" due to not receiving payment from the insurance company "in two (2) months and were in debt for over $25,000". Documentation provided of agency completing a shift on December 17, 2018 from "7:00 a.m.- 5:00 p.m.". No services were provided by the agency from December 27, 2018 through January 14, 2019. Per CF#2's mother, "Upon receiving a letter from our attorney on 01/14/19, (the agency) resumed service to our son at 3:30 p.m.".
Documentation provided of CF#2's mother signing the agency 'Policy for termination of Consumer Services' on "10-27-19". The policy states "Consumers have the right to start/terminate services at will. If services are being terminated by the agency due to non-payment or any other reason, we the providing agency will give the consumer a (10) day notice prior to terminating services".
No documentation of the agency providing the consumer with an advance written notice per regulation or a "(10) day termination notice" per agency policy.


An interview conducted with the agency client services manager on February 27, 2019 at approximately 12:40 p.m. confirmed the above findings.















Plan of Correction:

Observation #0800
1. How will it correct the deficiency as it relates to this individual.
Agency restarted services on 1/14/2019 and on the same day provided in writing 10 day termination notice dated January 14, 2019 stating services would end January 23, 2019. Agency continued service from 1/14/2019 6:00 a.m. on 1/24/2019.
2. Indicate how the agency will act to protect patients in similar situation.
Consumer information packet was updated to align with 611.57(a) including consumer termination section. This information packet is the only packet being used going forward. Additionally, ownership of agency has transferred. New owner has been trained in proper consumer termination procedures.
3. Indicate the measures the facility will take or the systems it will alter to ensure that that the problem does not occur.
Agency has put a procedure in place that only new owner can approve a consumer termination. New owner will sign termination form to indicate documentation of approval of termination and that notice per the 611.57(a) has been given.
4. Indicate how it plans to monitor its performance to make sure that solutions are sustained.
It is very infrequent for agency to terminate a consumer. Agency will add as part of its quarterly quality management monitoring a review of any consumer that was terminated by agency and document that appropriate notice as per 611.57(a) was utilized and indicate results in the Health Department survey's binder.
5. Provide dates when corrective action will be completed.
April 1, 2019.



611.57(c) LICENSURE
Information to be Provided

Name - Component - 00
(c) Prior to the commencement of services, the home care agency or home care registry shall provide to the consumer, the consumer's legal representative or responsible family member an information packet containing the following information in a form that is easily read and understood: (1) A listing of the available home care services that will be provided to the consumer by the direct care worker and the identity of the direct care worker who will provide the services. (2) The hours when those services will be provided. (3) Fees and total costs for those services on an hourly or weekly basis. (4) Who to contact at the Department for information about licensure requirements for a home care agency or home care registry and for compliance information about a particular home care agency or home care registry. (5) The Department's complaint Hot Line (1-800-254-5164) and the telephone number of the Ombudsman Program located with the local Area Agency on Aging (AAA). (6) The hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry. (7) A disclosure, in a format to be published by the Department in the Pennsylvania Bulletin by February 10, 2010, addressing the employee or independent contractor status of the direct care worker providing services to the consumer, and the resultant respective tax and insurance obligations and other responsibilities of the consumer and the home care agency or home care registry.

Observations:


Based on review of consumer files (CFs), consumer admission packet, and an interview with the client services manager, the agency failed to provide the consumer, prior to the commencement of services, a listing of the available home care services that will be provided to the consumer by the direct care worker and the identity of the direct care worker who will provide the services, the hours when those services will be provided, who to contact at the Department for information about licensure requirements for a home care agency or home care registry and for compliance information about a particular home care agency or home care registry, the Department's complaint Hot Line (1-800-254-5164) and the telephone number of the Ombudsman Program located with the local Area Agency on Aging (AAA), the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry, and a disclosure, in a format to be published by the Department in the Pennsylvania Bulletin by February 10, 2010, addressing the employee or independent contractor status of the direct care worker providing services to the consumer, and the resultant respective tax and insurance obligations and other responsibilities of the consumer and the home care agency or home care registry for one (1) out of three (3) CFs (CF#2).


Findings include:

A review of CFs was conducted on February 27, 2019 between approximately 9:30 a.m. and 12:00 p.m. The consumers start of service (SOS) is listed below:

CF#2 SOS 02/13/19: No documentation provided of the agency providing the consumer with a listing of the available home care services that will be provided to the consumer by the direct care worker and the identity of the direct care worker who will provide the services, the hours when those services will be provided, who to contact at the Department for information about licensure requirements for a home care agency or home care registry and for compliance information about a particular home care agency or home care registry, the Department's complaint Hot Line (1-800-254-5164) and the telephone number of the Ombudsman Program located with the local Area Agency on Aging (AAA), the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry, and a disclosure, in a format to be published by the Department in the Pennsylvania Bulletin by February 10, 2010, addressing the employee or independent contractor status of the direct care worker providing services to the consumer, and the resultant respective tax and insurance obligations and other responsibilities of the consumer and the home care agency or home care registry.
Per the client services manager, this patient was a prior patient several years ago. Per the agency adminsitrator via telephone at approximately 12:40 p.m., she did not think this information needed to be provided to the consumer again.

An interview conducted with the agency client services manager on February 27, 2019 at approximately 12:40 p.m. confirmed the above findings.












Plan of Correction:

Observation # 0820

Plan of Correction:

The consumer initial intake did include all elements of 611 .57c completed on 1/13/2017 before start of service 1/17/2017. Consumer did leave agency on Oct 13 2017 and then returned on 2/13/2019.
1. How facility will correct deficiency as it relates to this individual.
Agency will provide to the consumer a new information packet containing all the elements in 611.57c by 3/31/2019.
2. How we will protect patients in similar situations.
All new consumers receive a packet containing all elements of 611.57(c) prior to the commencement of services.

Beginning 4/1/2019 any consumers who have terminated agency services and agencies information packet including department phone numbers, policies, or procedures have changed , will receive the same packet containing all elements of 611.57(c) as any new consumer prior to the recommencement of their services. Agency will document on the information packet the revision date for tracking purposes.
3. Measures facility will take or systems it will alter to ensure problem will not occur.
All agency personnel that currently and in the future handle consumer intakes will be trained on the requirements of new consumer intakes and returning consumer intakes.
4. Indicate how it plans to monitor its performance for sustainability.
Agency will randomly sample quarterly to determine if there were any returning consumers that had been terminated and agencies information packet had changed and document that they received a new consumer information packet containing all the elements of 611.57(c)for the latest revision date.



5. Provide date when corrective action is completed.
The first random sample will be completed by 4/26/2019 and monitored and completed every quarter thereafter.