Initial Comments:
Based on the findings of an onsite state re-licensure survey conducted on May 9, 2022, ICare Home Health, LLC., was found to be in compliance with the requirements of 28 Pa. Code, Health Facilities, Part IV, Chapter 51, Subpart A.
Plan of Correction:
Initial Comments:
Based on the findings of an onsite home care agency state re-licensure survey conducted on May 9, 2022, ICare Home Health, 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
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(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 a review of consumer files (CF) and an interview with the administrator, the agency failed to provide documentation that the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services for ten (10) of ten (10) CF's, (CF # 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10).
Findings include:
A review of CF's was conducted on May 9, 2022 from approximately 11:00 am to 12:30 pm.
CF #1, Start of Care: 8/24/18, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #2, Start of Care: 9/22/2021, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #3, Start of Care: 3/13/2022, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #4, Start of Care: 10/30/18, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #5, Start of Care: 12/10/18, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #6, Start of Care: 12/20/16, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #7, Start of Care: 7/16/17, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #8, Start of Care: 4/25/18, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #9, Start of Care: 12/15/17, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
CF #10, Start of Care: 9/14/15, did not contain any documentation stating the consumer received information stating the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services.
An interview with the administrator conducted on May 9, 2022 at approximately 12:45 pm confirmed the above findings.
Plan of Correction:The administrator will add addendum to the current patient information booklet. The addendum will state the agency will provide at least 10 calendar days advance written notice of the agency's intent to terminate services to any consumer. All existing clients will receive the addendum by 5/31/2022. New clients will have the notice in the patient information booklet. The administrator will audit every 30 days until a 100% threshold is met.
611.57(b) LICENSURE
Prohibitions
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(b) No individual as a result of the individual's affiliation with a home care agency or home care registry may assume power of attorney or guardianship over a consumer utilizing the services of that home care agency or home care registry. The home care agency or home care registry may not require a consumer to endorse checks over to the home care agency or home care registry.
Observations:
Based on a review of consumer files (CF) and an interview with the administrator, the agency failed to provide documentation that the consumer received information stating that no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency for ten (10) of ten (10) CF's, (CF # 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10).
Findings include:
A review of CF's was conducted on May 9, 2022 from approximately 10:00 am to 12:30 pm.
CF #1, Start of Care: 8/24/18, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #2, Start of Care: 9/22/2021, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #3, Start of Care: 3/13/2022, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #4, Start of Care: 10/30/18, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #5, Start of Care: 12/10/18, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #6, Start of Care: 12/20/16, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #7, Start of Care: 7/16/17, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #8, Start of Care: 4/25/18, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #9, Start of Care: 12/15/17, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
CF #10, Start of Care: 9/14/15, did not contain any documentation stating the consumer received information stating no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
An interview with the administrator on May 9, 2022 at approximately 12:45 pm confirmed the above findings.
Plan of Correction:The administrator Will add addendum to patient information packet. The notice will state that no individual as a result of the individual's affiliation with the agency may assume power of attorney or guardianship over a consumer utilizing the services of the agency and that the agency may not require a consumer to endorse checks over to the agency.
Every existing consumer will have a copy by 05/31/2022 The administrator will audit every 30 days until a 100% threshold is met.
611.57(c) LICENSURE
Information to be Provided
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(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 a review of consumer files (CF) and an interview with the administrator, the agency failed to provide documentation that the consumer received information stating: who to contact at the Department (717) 783-1379 for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry, for ten (10) of ten (10) CF's, (CF # 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10).
Findings include:
A review of CF's was conducted on May 9, 2022 from approximately 11:00 am to 12:30 pm.
CF #1, Start of Care: 3/27/2020, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #2, Start of Care: 10/30/18, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #3, Start of Care: 3/13/2022, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #4, Start of Care: 10/30/18, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #5, Start of Care: 12/10/18, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #6, Start of Care: 12/20/16, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #7, Start of Care: 7/16/17, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #8, Start of Care: 4/25/18, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #9, Start of Care: 12/15/17, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
CF #10, Start of Care: 9/14/15, did not contain any documentation that the agency provided information stating who to contact at the Department for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry.
An interview with the administrator on May 9, 2022 at approximately 12:45 pm confirmed the above findings.
Plan of Correction:The administrator will make additions to the patients information packet. information stating: who to contact at the Department (717) 783-1379 for information about licensure requirements for the agency and the hiring and competency requirements applicable to direct care workers employed by the home care agency or referred by the home care registry. The administrator will audit patient charts monthly for compliance.
Initial Comments:
Based on the findings of an onsite home care agency state re-licensure survey conducted on May 9, 2022, ICare Home Health, LLC., was found to be in compliance with the requirements of 35 P.S. 448.809 (b).
Plan of Correction:
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