QA Investigation Results

Pennsylvania Department of Health
ATLANTES HOME HEALTH CARE AGENCY
Health Inspection Results
ATLANTES HOME HEALTH CARE AGENCY
Health Inspection Results For:


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Initial Comments:


Based on the findings of an onsite unannounced state re-licensure survey conducted on June 2, 2021, Atlantes Home Health Care Agency, 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 unannounced state re-licensure survey conducted on June 2, 2021, Atlantes Home Health Care Agency, 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:




611.52(b) LICENSURE
State Police Criminal History Record

Name - Component - 00
If the individual required to submit or obtain a criminal history report has been a resident of this Commonwealth for 2 years preceding the date of the request for a criminal history report, the individual shall request a State Police criminal history record.

Observations:



Based on review of personnel files (PFs) and interview with the agency's administrator, the facility failed to ensure that a Pennsylvania state police criminal background check was completed prior to employment for one (1) of ten (10) personnel files reviewed. (PF# 2).

Findings include:

Act 169 of 1996 as amended by Act 13 of 1997 states: "If the applicant/employee has been a resident of the Commonwealth of Pennsylvania for 2 or more years prior to application for employment, the applicant will need to obtain a clearance from the Pennsylvania State Police. This clearance is obtained by doing the following: Request for Criminal Record Check Form (SP4-164)." "When the applicant/employee has not been a resident of the Commonwealth of Pennsylvania for the entire two years (without interruption) immediately preceding the date of application for employment or currently lives out of state, in addition to the Pennsylvania State Police Criminal History Check, the applicant/employee will also need to obtain an FBI Criminal History Check. Facilities are defined by the act to include: Domiciliary Care Homes, Home Health Care Agency, Nursing Facility (licensed by the Department of Aging), and Personal Care Home (licensed by the Department of Public Welfare). A Home Health Care Agency is further defined to include those agencies licensed by the Department of Health and any public or private organization which provides care to a care-dependent individual in their place of residence." "If entities run into special circumstances where they need to hire an employee before the results of their record checks are returned, there is a provision in CPSL that allows for a provisional hiring period. The period is to not exceed 30 days for in state residents and 90 for out of state residents."

Findings:

A review of the PFs was conducted on June 2, 2021 between approximately 11:00 A.M. to 1:00 P.M revealed:


PF #2 Date of Hire (DOH): 9/10/20, There was no documentation that a Pennsylvania State criminal background check was completed.


Interview with the administrator on June 2, 2021 at approximately 2:00 P.M. confirmed the above findings.



























Plan of Correction:

Corrective actions have been done
to the agency personnel files.
Atlantes Home Health Care
Agency will insure that each
direct care worker and other office staff or contractors with
direct consumer contact, will
provide documentation that the
individual has a Pennsylvania state police criminal background check and it will be completed prior to employment.

A copy of the final report received
from the State Police, as applicable, shall be kept in accordance to 52.15 (relating to provider records).

By 08/01/2021 Atlantes Home Health Care CEO will obtain a Pennsylvania State criminal background check report for all employees.






611.52(c) LICENSURE
Federal Criminal History Record

Name - Component - 00
If the individual required to submit or obtain a criminal history report has not been a resident of this Commonwealth for the 2 years immediately preceding the date of the request for a criminal history report, the individual shall obtain a federal criminal history record and a letter of determination from the Department of Aging, based on the individual ' s Federal criminal history record, in accordance with the requirements at 6 PA. Code 15.144(b) (relating to procedure).

Observations:



Based on a review of personnel files (PF) and an interview with the agency's administrator, the agency did not obtain a federal criminal history report for an employee who has not been a resident of Pennsylvania for 2 years immediately preceding the date of the request for a criminal history report for two (2) of ten (10) PFs. (PF #7 and 9).

Findings include:

Pennsylvania Act 169 of 1996 as amended by Act 13 of 1997 requires an applicant/ employee who has not been a resident of the Commonwealth of Pennsylvania for the entire two years (without interruption) immediately preceding the date of application for employment or currently lives out-of-state, in addition to the Pennsylvania State Police Criminal History Check, the applicant/employee will also need to obtain an FBI Criminal History Check within ninety (90) days of employment. An employee is defined as any applicant or new employee hired after July 1, 1998. The definition of employee includes contract employees who have direct contact with residents or unsupervised access to their personal living quarters.

Findings:

A review of PFs was conducted on June 2, 2021 from approximately 11:00 A.M. to 1:00 PM.


PF#7: Date of Hire 6/30/19, Direct care worker's file revealed a Driver's License issued in New Jersey on 4/9/18. The file contained no federal criminal history report.

PF#9 Date of Hire 6/20/18, Direct care worker's file revealed a New Jersey address on employment application. The file contained no federal criminal history report.


An interview with the agency's administrator on June 2, 2021 at approximately 2:00 P.M. confirmed the above findings.




















Plan of Correction:

Corrective actions have been done
to the agency personnel files.
Atlantes Home Health Care
Agency will insure that each
direct care worker and other office staff or contractors with
direct consumer contact, will
provide documentation that the
individual has a report of Federal
criminal history record information under the Federal Bureau of Investigation appropriation of Title II of the act of October 25, 1972 (Pub. L. No. 92-544, 86 Stat. 1109) if the employee has not been a resident of this Commonwealth for the 2 years immediately preceding the
date of application.

A copy of the final report received
from the State Police, or the FBI,
as applicable, shall be kept in
accordance to 52.15 (relating to
provider records).

By 08/01/2021 Atlantes Home Health Care CEO will obtain FBI reports for all employees who has been residents of PA for less than 2 years.


Initial Comments:


Based on the findings of an onsite unannounced state re-licensure survey conducted on June 2, 2021, Atlantes Home Health Care Agency, was found to be in compliance with the requirements of 35 P.S. 448.809 (b).



Plan of Correction: