Initial Comments:
Based on the findings of an offsite revisit completed March 9, 2022, Virtue Independence Llc had not corrected the deficiency cited under PA Code, Title 28, Health and Safety, Part IV, Health Facilities, Subpart H, Chapter 611, Home Care Agencies and Home Care Registries. The deficiency was cited as a result of a state license survey completed July 20, 2021.
Plan of Correction:
611.51(a) LICENSURE
Hiring or Rostering Prerequisites
Name - Component - 00
Prior to hiring or rostering a direct care worker, the home care agency or home care registry shall: (1) Conduct a face-to-face interview with the individual. (2) Obtain not less than two satisfactory references for the individual. A satisfactory reference is a positive, verifiable reference, either verbal or written, from a former employer or other person not related to the individual that affirms the ability of the individual to provide home care services. (3) Require the individual to submit a criminal history report, in accordance with the requirements of § 611.52 (relating to criminal background checks), and a ChildLine verification, if applicable, in accordance with the requirements of § 611.53 (relating to child abuse clearance).
Observations:
Based on review of agency's plan of correction, direct care worker personnel files (PF), and email from EMP1, the agency failed to obtain two satisfactory references and a criminal history report prior to hiring the direct care worker for six (6) of 16 direct care worker personnel files reviewed (PF1, PF3, PF5, PF7, PF8, & PF11).
Findings included:
Per agency's plan of correction, "In response to (EMP) interview of all personnel files, the agency policy has been refined to accentuate the significance of the 'Hire Date.' The agency defines the 'Hire date' as the date the applicant has completed the application for employment and other components of the hiring packet and staff have completed ... (2) satisfactory reference checks and initiate the criminal background check (PATCH acceptable for PA residents two years preceding the date of application and federal criminal history if nonresident of PA). ... The corrective action will be completed by September 3, 2021."
Review of personnel files was conducted on March 9, 2022, at 8 a.m.
PF1 was hired on 9/3/2021. PF1 contained no references prior to hire. The references were completed on 9/6, 9/7, and 9/21 (all late and not prior to hire).
PF3 was hired on 9/17/2021 but the criminal history report was not requested until 10/2/2021 (late and not prior to hire).
PF5 was hired on 10/1/2021 but the criminal history report was not requested until 10/14/2021.
PF7 was hired on 10/4/2021. PF7 only contained two references but only one was satisfactory. The other reference dated 10/4/2021 was incomplete, not positive, and had the following annotation, "Is the following information correct [NO] ... [Manager] stated 'Only worked 1 day' ... No opinion [PF7] worked 1 day got sick never went back."
PF8 was hired on 10/10/2021 but the criminal history report was not requested until 10/12/2021. PF8 contained no satisfactory reference completed prior to hire.
PF11 was hired on 11/3/2021. PF11 contained only one satisfactory reference completed prior to hire.
EMP1 confirmed above findings via email on March 9, 2022, at 1:20 p.m.
Plan of Correction:Virtue Independence, LLC makes it best effort to operate in compliance with both Federal and State Laws. Submission of this Plan of Correction (POC) does not constitute an admission or agreement by any party, its officers, directors, employees, or agents as to the truth of the facts alleged or the validity of the conditions set forth on the Statement of Deficiencies. This Plan of Correction (POC) is prepared and/or executed solely because it is required by the Department of Health.
In response to (EMP) interview of all personnel files, the agency policy has been refined to remove the ability for any line staff, supervisors, or managers to make an applicant and employee. Prior to an applicant being changed to employee status, directors will review the personnel file submitted by the manager of PAS services. Managers and supervisors will be expected to have confirmed that all documents listed on the file checklist have been completed and are attached to the submitted file. A face-to-face interview and two satisfactory references will have been completed at this time. Immediately following receipt of file, Executive management will request and initiate a criminal background check to be completed and added to the file based on the residency of the applicant. If the applicant has been a resident of the State of Pennsylvania for the last 2 years a state criminal background check will be initiated. If the applicant has not been a resident of Pennsylvania, then assistance will be given to request a Federal Criminal History check and after notification that the applicant attended the fingerprinting session, a notice of initiated background check will be entered. Simultaneously, the manager will enter the applicant as an applicant into the HHA exchange system and attach all supporting documents where necessary. Notification via email or teams will be made to the Executive Director or higher supervision of the need to review the application. The Executive Director will review the file and confirm the file has a complete face to face interview (or Zoom interview), two satisfactory reference checks and for families with no children in the home, an initiated criminal background check either federal or state. If any component of the file is unsatisfactory, the file will be returned to the management of PAS services to correct and resubmit. Once approved by the executive management, the applicant will be offered a hiring pay rate via letter. Once accepted, the applicant will become an employee. The corrective action will be completed by 3/31/2022.
PF1, PF8 and PF11 no longer work for our agency. However, in the future we will ensure that we follow the steps listed above to avoid an applicant to start working prior to obtaining references and/or criminal background checks.
PF3 and PF5 continue to work for our agency, however, the delayed request for a criminal background check will be avoided in the future using the above-mentioned checks and balances.
PF7 has not accepted work since December 2021, however, we are going to review his application and obtain a second satisfactory reference. If a second satisfactory reference cannot be obtained using the prior work experience or references listed, we will request additional contacts when and if he requests to commence working again he will be considered as a rehired employee with a new hire date. This corrective action should be completed by 3/31/2022.
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