Initial Comments:
Based on the findings of an onsite unannounced complaint investigation completed April 27, 2022, United Independent Living Solutions was found to be in compliance with the requirements of PA Code, Title 28, Health and Safety, Part IV, Health Facilities, Subpart A, Chapter 51.
Plan of Correction:
Initial Comments:
Based on the findings of an onsite unannounced complaint investigation completed April 27, 2022, United Independent Living Solutions 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:
611.57(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 review of an email and staff (EMP) interview, the agency failed to provide less than 10 days advance written notice of its intent to terminate services for one (1) of one (1) consumer (CR) when the health and welfare of the direct care worker was at risk (CR1).
Findings include:
Review of email on 4/27/2022 at 9:36 a.m. showed agency attempted to provide services on 4/6/2022 but the consumer would not participate with their care and threw their transfer board when staff attempted to help them use it.
Interview with EMP1 on 4/27/2022 at 9:39 a.m. confirmed that CR1 would not participate with their services and threw their transfer board while he/she was attempting to help CR1 use it. EMP1 confirmed agency terminated services that day but failed to provide consumer with at least 10 days advance written notice of its intent to terminate services.
Plan of Correction:In order to assure that all documentation is produced appropriately, UILS has implemented a log that includes the following information: (log attached to policy)
Client Name/ Initial meeting paperwork date/ Caregiver(s) assigned to case document/ Start of care date/ Services discontinued date/ Reason for discontinuation/ 10-day notice issued and date/ Last day of service
This log will promote and maintain accuracy according to policy and house the proper documentation needed in reference to terminating services.
Initial log and audit of all client files was completed on May 2, 2022 and will be completed appropriately when any changes to services occur including but not limited to initiation of services and terminating/discontinuing of services.
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 review of a consumer file (CF), and staff (EMP) interview, the agency failed to provide the consumer, prior to commencement of services, an information packet containing the following information in a form that was easily read and understood: the identity of the direct care worker who would provide the services; and a disclosure (direct care worker status form), 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) of one (1) consumer files reviewed (CR1).
Findings included:
Review of CR1 on April 22, 2022, at 9:34 a.m. showed a service agreement was provided to the consumer on 4/4/2022 but the service agreement did not contain the identity of the direct care worker who would provide the services or the direct worker status form.
Interview with EMP1 on April 22, 2022, at 9:39 a.m. confirmed above findings.
Plan of Correction:UILS has a new method designated within the office to maintain a daily log indicating any client/caregiver change. The new log should be maintained from our Office Assistant who shall make all attempts by phone, email, or mail to get the schedule changes processed by preference indicated on the Communication Acknowledgement Paper signed prior to service. All initial schedules are to be provided by email or mail to each family on preference of receiving the monthly calendar that is indicated on the Communication Acknowledgement Paper signed prior to services started. Any daily, or new adjustments to all schedules should be provided to the client based on their preference of phone, email, or mail as soon as the information is available. The Office Assistant will report all/ any changes to the Operations Manager to ensure the information is correct in the system. Operations Manager will check the logs weekly to do a random audit to ensure the schedule change was communicated properly. The random audit will be either a phone call to verify to client or emergency contact received the schedule change for the specific change or checking the email history. This audit should have the proof logged in a separate paper acknowledging the audit was completed, the date it was completed, and method/proof is attached.
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