Initial Comments:
Based on the findings of an onsite unannounced relicensure survey completed on 6/4/2018, 365 Home Care Inc. was found not to be in compliance with the following requirements of PA Code, Title 28, Health and Safety, Part IV, Health Facilities, Subpart A, Chapter 51.
Plan of Correction:
51.13 (b) LICENSURE
CIVIL RIGHTS COMPLIANCE RECORDS
Name - Component - 00
51.13. Civil rights compliance records
(b) Copies of the health care
facility's nondiscriminatory policy
shall be posted in locations
accessible to the facility's staff and
the general public.
Observations:
Based on observations during a tour of the agency and staff interview, the agency failed to post a copy of the agency's nondiscriminatory policy in a location accessible to staff and the public.
Findings include:
A tour of the agency on 5/24/2018 at approximately 10:14 AM revealed no agency nondiscriminatory policy was posted in a location accessible to the facility's staff and the general public.
An exit interview with the recruiter on 5/24/2018 at approximately 2:40 PM confirmed the above findings.
Repeat deficiency 8/10/17
Plan of Correction:A copy of the non-discriminatory policy is currently displayed in the lobby of our office, where staff and the public can see it. The Chief Compliance Officer will be responsible to ensure, on a daily basis, that the policy remains in the lobby, prominently displayed.
Initial Comments:
Based on the findings of an onsite unannounced state relicensure survey completed 6/4/2018, 365 Home Care Inc. was found not to be in compliance with the following requirements of PA Code, Title 28, Health and Safety, Part IV, Health Facilities, Subpart H, Chapter 611, Home Care Agencies and Home Care Registries.
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 personnel files (PF) and staff interview, it was determined the agency failed to obtain verification of two (2) positive references for the applicant for one (1) of three (3) PFs reviewed (PF2).
Findings include:
PF#2, date of hire (DOH) 10/12/2017, was reviewed on 5/24/2018 at approximately 1:27 PM revealed. The PF did not contain evidence of two references having been verified as positive by the agency.
An exit interview with the recruiter on 5/24/2018 at approximately 2:40 PM confirmed the above findings.
Repeat deficiency 8/10/17
Plan of Correction:Effective immediately, the Chief Compliance Officer shall review 100% of new hire PF's, prior to their first assignment, to ensure at least two (2)positive references are obtained. The references shall include contact information for each reference provided. An Employee Reference form has been created to record all information pertaining to the references provided by each employee, and will be retained in the employees' personnel file.
611.52(d) LICENSURE
Proof of Residency
Name - Component - 00
The home care agency or home care registry may request an individual required to submit or obtain a criminal history record to furnish proof of residency through submission of any one of the following documents:
(1) Motor vehicle records, such as a valid driver ' s license or a State-issued identification.
(2) Housing records, such as mortgage records or rent receipts.
(3) Public utility records and receipts, such as electric bills.
(4) Local tax records.
(5) A completed and signed, Federal, State or local income tax return with the applicant ' s name and address preprinted on it.
(6) Employment records, including records of unemployment compensation
Observations:
Based on a review of agency policy, personnel files (PFs) and staff interview, it was determined the agency failed to verify proof of residency in this Commonwealth for the 2 years preceding the date of hire (DOH) for one (1) of three (3) PFs reviewed (PF3).
Findings include:
A review of the agency's employee policies on 5/24/2018 at approximately 2:02 PM revealed:
"Employee Policies...As part of the process of identifying quality employees, all candidates must have proper ID. Current license/certificate, and a TB Mantoux with physical, or an annual basis. We are required to do a criminal background check. In addition, an exam is administered online, which must be satisfactorily completed."
"Provisional Hiring (a) General rule. The home care agency or home care registry may hire an applicant for employment or referral on a provisional basis, pending receipt of a criminal history report or a Childline verification, as applicable, if the following conditions are met...(7) The period of provisional hire of an individual who is a has been, for a period of 2 years or more, a resident of this Commonwealth, may not exceed 30 days. The period of provisional hire of an individual who has not been a resident of this commonwealth for 2 years or more may not exceed 90 days..."
PF #3 date of hire (DOH) 4/16/2018 was reviewed on 5/24/2018 at approximately 2:02 PM. There was a Pennsylvania driver's license with an issue date of 8/19/2016. There was no additional documentation in PF to confirm agency verified proof of residency in this Commonwealth for two (2) years immediately preceding the date of hire.
An exit interview with the recruiter on 5/24/2018 at approximately 2:40 PM confirmed the above findings.
Repeat deficiency 8/10/17
Plan of Correction:Effective immediately, the Chief Compliance Officer shall examine 100% of the new hire PF's to ensure proof of residency of at least two (2) years in Pennsylvania is present. Chief Compliance Officer will also check the personnel files of existing staff hired within the last two (2) years, to ensure that proof of residency exists.
The documents to be submitted to provide proof of residency are as follows: 1) Motor vehicle records, 2) Housing records, 3) Public utility records and receipts, 4) Local tax records, 5) A completed and signed Federal, State, or local tax return, or 6) Employment records.
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 a review of the agency's client handbook, consumer records (CR), staff interview, the agency failed to provide required information in writing to the consumers/consumer representatives prior to the commencement of services for five (5) of five (5) reviewed (CR1-CR5).
Findings include:
A review of the client handbook on 5/24/2018 at approximately 12:25 PM revealed:
"Client Handbook...(page 8,9) Your rights...expect that we will consult with you about any permanent changes to your services...Be given a written plan of the services you will receive from us...Have this service agreement and client handbook explained to you."
A review of CR #1 on 5/24/2018 at approximately 1:56 PM revealed start of services 4/10/2018. No documentation was made available that confirmed the consumer/consumer representative was provided an information packet containing the following:
1. The services to be provided and the identity of the direct care worker who would provide services.
2. The hours when services would be provided.
3. Who to contact at the Department of Health for information about regulations and/or home care agency/registry compliance.
4. The Department of Health's complaint hotline.
5. The local Area Agency on Aging's Ombudsman Program telephone number.
6. The consumer disclosure notice regarding employee or independent contractor status of direct care workers and the resultant tax and insurance obligations and other responsibilities.
A review of CR #2 on 5/24/2018 at approximately 2:10 PM revealed start of services 1/29/2018. No documentation was made available that confirmed the consumer/consumer representative was provided an information packet containing the following:
1. The services to be provided and the identity of the direct care worker who would provide services.
2. The hours when services would be provided.
3. Who to contact at the Department of Health for information about regulations and/or home care agency/registry compliance.
4. The Department of Health's complaint hotline.
5. The local Area Agency on Aging's Ombudsman Program telephone number.
6. The consumer disclosure notice regarding employee or independent contractor status of direct care workers and the resultant tax and insurance obligations and other responsibilities.
A review of CR #3 on 5/24/2018 at approximately 2:14 PM revealed start of services 10/12/2017. No documentation was made available that confirmed the consumer/consumer representative was provided an information packet containing the following:
1. The services to be provided and the identity of the direct care worker who would provide services.
2. The hours when services would be provided.
3. Who to contact at the Department of Health for information about regulations and/or home care agency/registry compliance.
4. The Department of Health's complaint hotline.
5. The local Area Agency on Aging's Ombudsman Program telephone number.
6. The consumer disclosure notice regarding employee or independent contractor status of direct care workers and the resultant tax and insurance obligations and other responsibilities.
A review of CR #4 on 5/24/2018 at approximately 2:20 PM revealed start of services 2/3/2018. No documentation was made available that confirmed the consumer/consumer representative was provided an information packet containing the following:
1. The services to be provided and the identity of the direct care worker who would provide services.
2. The hours when services would be provided.
3. Who to contact at the Department of Health for information about regulations and/or home care agency/registry compliance.
4. The Department of Health's complaint hotline.
5. The local Area Agency on Aging's Ombudsman Program telephone number.
6. The consumer disclosure notice regarding employee or independent contractor status of direct care workers and the resultant tax and insurance obligations and other responsibilities.
A review of CR #5 on 5/24/2018 at approximately 2:49 PM revealed start of services 10/10/2017. No documentation was made available that confirmed the consumer/consumer representative was provided an information packet containing the following:
1. The services to be provided and the identity of the direct care worker who would provide services.
2. The hours when services would be provided.
3. Who to contact at the Department of Health for information about regulations and/or home care agency/registry compliance.
4. The Department of Health's complaint hotline.
5. The local Area Agency on Aging's Ombudsman Program telephone number.
6. The consumer disclosure notice regarding employee or independent contractor status of direct care workers and the resultant tax and insurance obligations and other responsibilities.
An exit interview with the recruiter on 5/24/2018 at approximately 2:40 PM confirmed the above findings.
Repeat deficiency 8/10/17
Plan of Correction:365 Home Care, Inc. currently has a Consumer Handbook, which gives a listing of the services provided, identifies the direct care worker(s), fees and total costs, DOH contact for information about licensure requirements, the complaint Hot Line and telephone number of the Ombudsman, and hiring and competency requirements of direct care workers. The Chief Compliance Officer shall review 100% of the consumer records to ensure that every consumer receives a Consumer handbook.
The first step is to meet with the consumer to review with them what their specific needs are. From this initial meeting, it will be determined the specific services to be rendered, as well as the days and times that services are to be provided. From this meeting it will be determined who an appropriate caregiver would be.
From here the caregiver will set up a time to meet with the consumer. If the consumer feels that the caregiver is a good fit, then we will proceed with this caregiver. If not, we repeat the process until a suitable caregiver is identified.
At this point we will meet with the consumer again to review the Consumer Handbook, and to have the consumer sign the Consumer Service Agreement. This document provides the name of the caregiver(s), and a schedule of the days and times service is to be provided. It will also be a place on this document for the consumer to sign, acknowledging receipt of the Consumer Handbook. A copy of the Consumer Handbook will be left with the consumer. A signed copy of the Consumer Service Agreement will be placed in the consumer's file.
Initial Comments:
Based on the findings of an onsite unannounced relicensure survey completed 6/4/2018, 365 Home Care Inc. was found to be in compliance with the requirements of 35 P.S. 448.809 (b).
Plan of Correction:
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