Initial Comments:
Based on the findings of an onsite State Re-Licensure Survey conducted on July 10, 2024, Caring With Integrity Home Care 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 State Re-Licensure Survey conducted on July 10, 2024, Caring With Integrity Home Care 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(a) LICENSURE Criminal Background Checks Name - Component - 00 The home care agency or home care registry shall require each applicant for employment or referral as a direct care worker to submit a criminal history report obtained at the time of application or within 1 year immediately preceding the date of application.
Observations:
Based on a review of personnel files (PF) and an interview with the administrator, the home care agency (HCA) failed to provide evidence that a criminal history report was obtained at the time of application or within 1 year immediately preceding the date of application for three (3) of seven (7) PF's reviewed: PF#2, PF#4, and PF#6.
Findings include:
An interview with the administrator was held on July 10, 2024 at 12:00 PM. The administrator stated that it is the policy of the agency to obtain criminal background checks at the time of hire. The administrator stated that when the agency recently relocated its office, some of the documents in the personnel files became wet and unreadable, necessitating repeat background checks. The administrator stated that s/he was aware that these background checks would be considered "late" but nonetheless wanted to ensure that a background check was contained in the personnel file.
A review of PF's was conducted on July 10, 2024 starting at approximately 9:50 AM. The date of hire (DOH) is indicated below.
PF#2 DOH 03/16/2024 contained a Pennsylvania Access to Criminal History (PATCH) Report obtained on 07/09/2024, four (4) months after the DOH.
PF#4 DOH 09/22/2023 contained a Pennsylvania Access to Criminal History (PATCH) Report obtained on 07/09/2024, ten (10) months after the DOH.
PF#6 DOH 04/01/2023 contained a Pennsylvania Access to Criminal History (PATCH) Report obtained on 07/09/2024, fifteen (15) months after the DOH.
An interview conducted with the administrator on July 10, 2024 starting at 12:00 PM confirmed the above findings.
Plan of Correction:1. Immediate Actions: The agency's administrators are reviewing all employee files to ensure that their background checks are run and in the file. Any caregiver file without background checks the agency will obtain at the time of the finding. We will obtain background reports for staff members (PF#2, PF#4, and PF#6) who are missing recent checks and make sure they are processed promptly. We will also search for any missing background check documentation due to an office incident and retrieve them if they were previously conducted within the acceptable time frame. 2. Preventive Measures: We are updating our document management policies to include digital backups of all important documents, including criminal background checks, to prevent future loss due to physical damage. Staff will undergo training on the importance of following state regulations regarding criminal background checks and the new documentation procedures by August 15, 2024. Starting August 1, 2024, we will conduct monthly reviews of a sample of personnel files to ensure ongoing compliance with the background check requirements. 3. Accountability and Monitoring: The office manager will oversee the implementation of this plan and provide the administrator with monthly progress reports. 4. Documentation: We will carefully document all actions taken to address the identified deficiencies, including dates of background checks, details of training sessions, and findings from monthly audits. 5. Timeline for Correction: Completion of background checks for flagged personnel by July 25, 2024. Implementation of digital backup procedures by August 1, 2024. Completion of staff training on new policies and procedures by August 15, 2024. First monthly compliance audit: September 1, 2024, with ongoing monthly audits thereafter.
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 administrator, the home care agency (HCA) failed to obtain a Federal Criminal History Report for a direct care worker who provided no proof of Pennsylvania (PA) residency. One (1) of seven (7) PF's did not meet this requirement: PF#7.
Findings include:
A review of PF's was conducted on July 10, 2024 starting at approximately 9:50 AM. The date of hire (DOH) is indicated below.
PF#7 DOH 02/05/2024 contained an Employment Authorization Document/Work Permit that was issued on 08/31/2023 and is valid until 06/09/2025. There was no proof of PA residency for any tine frame contained in the file. There was no evidence that the HCA obtained a Federal Criminal History Report and a Letter of Determination from the Department of Aging.
An interview conducted with the administrator on July 10, 2024 starting at 12:00 PM confirmed the above findings.
Plan of Correction:1. Immediate Action The home care agency's administrator will contact PF#7 (the direct care worker in question) immediately to inform them of the requirement for a Federal Criminal History Report and the process of obtaining a letter of determination from the Department of Aging. This action will be taken no later than two (2) business days from the date of the discovery. The administrator will also review all personnel files again to ensure that no other employee has been overlooked concerning this requirement. 2. Documentation and Verification PF#7 will be instructed to obtain the necessary Federal Criminal History Record and the letter of determination as per 6 PA. Code § 15.144(b). He/she will be given a deadline of 30 days to comply with this requirement. Upon receipt of the Federal Criminal History Record and the letter of determination, the administrator will document, sign, and date this action and promptly add it to PF#7's personnel file. 3. Compliance Training Within 30 days, the home care agency will conduct a mandatory training session for all administrative staff involved in the hiring process. The training will cover state and federal requirements for background checks, focusing on the specific stipulations for employees who lack two years of Pennsylvania residency prior to their hire date. Attendance will be documented and filed, and refresher training will be scheduled annually. 4. Policy Revision The home care agency will revise its hiring policies and procedures to include a detailed checklist for employment eligibility and background check requirements. This revised policy will underscore the importance of verifying Pennsylvania residency or, alternatively, obtaining a Federal Criminal History Report for those without such residency. The revised policy will be distributed to all staff, with a signoff sheet to confirm they have read and understood the new procedures. 5. Ongoing Monitoring To prevent future lapses, a quarterly review of personnel files will be instituted. The purpose is to ensure all employees have the appropriate documentation on file, adhering to state and federal regulations. A report of these reviews will be made available to the administrator and kept on file for compliance tracking.
6. Responsibility and Accountability The administrator will implement and oversee this correction plan.
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 personnel files (PF) and an interview with the administrator, the agency failed to provide evidence of Pennsylvania (PA) residency for the two (2) consecutive years immediately preceding the date of hire (DOH) 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, for six (6) of seven (7) PF's reviewed: PF#1, PF#2, PF#3, PF#4, PF#6, and PF#7.
Findings include:
A review of PF's was conducted on July 10, 2024 starting at approximately 9:50 AM. The date of hire (DOH) is indicated below.
PF#1 DOH 02/13/2024 contained a Pennsylvania Driver's License issued 09/19/2023. There was no evidence to support proof of PA residency for the two consecutive years immediately preceding the DOH from 02/13/2022 to 02/13/2024.
P#2 DOH 03/16/2024 contained a Pennsylvania Driver's License issued 8/11/2023. There was no evidence to support proof of PA residency for the two consecutive years immediately preceding the DOH from 03/16/2022 to 03/16/2024.
PF#3 DOH 04/08/2024 contained a Pennsylvania Identification Card issued 12/08/2023. There was no evidence to support proof of PA residency for the two consecutive years immediately preceding the DOH from 04/08/2022 to 04/08/2024.
PF#4 DOH 09/22/2023 contained a Pennsylvania Driver's License issued 09/16/2022. There was no evidence to support proof of PA residency for the two consecutive years immediately preceding the DOH from 09/22/2021 to 09/22/2023.
PF#6 DOH 04/01/2023 contained a Pennsylvania Driver's License issued 05/30/2024. There was no evidence to support proof of PA residency for the two consecutive years immediately preceding the DOH from 04/01/2021 to 04/01/2023.
PF#7 DOH 02/05/2023 contained no proof of PA residency.
An interview conducted with the administrator on July 10, 2024 starting at 12:00 PM confirmed the above findings.
Plan of Correction:1. Immediate Review: Conduct an immediate review of all personnel files, prioritizing those identified in the observations (PF#1, PF#2, PF#3, PF#4, PF#6, and PF#7), to verify the residency documentation status. The administrator will extend this review to include all current personnel files to ensure full agency compliance. 2. Staff Notification: Notify affected personnel (associated with PF#1, PF#2, PF#3, PF#4, PF#6, and PF#7) about the need to provide updated or missing PA residency documentation. Within 30 days, if employees are unable to submit the necessary documentation showing proof of residency, an F.B.I. background check will be required. 3. Documentation Collection: The hiring manager will guide staff on the acceptable forms of proof of residency, as outlined (motor vehicle records, housing records, public utility records, local tax records, tax return documents, and employment records), and offer support in obtaining these, should they need assistance. 4. Records Update: Upon receipt of the necessary documents, promptly update the personnel files. If there are any discrepancies or issues with the documentation received, communicate with the respective staff member to rectify the issue promptly. 5. Ongoing Compliance Monitoring: The administrator will implement a routine audit of all personnel files at regular intervals (e.g., semiannually) to ensure ongoing compliance with the proof of residency requirement. The administrator will develop a checklist to be used during the hiring process and personnel file audits to guarantee all required documents, including proof of residency, are collected and filed appropriately. 6. Policy and Procedure Update: Review and update existing policies and procedures regarding employee documentation and compliance requirements. Include specific protocols for collecting, reviewing, and maintaining proof of PA residency documentation. Ensure that these processes are clearly articulated and accessible to all staff involved in the hiring and documentation maintenance processes. 7. Staff Training: Conduct training sessions for administrative staff and managers to reinforce the importance of regulatory compliance, specifically focusing on proof of residency requirements. Ensure all staff involved in the hiring process are fully aware of the documentation requirements and are equipped to communicate these effectively to new hires.
611.56(a) LICENSURE Health Screening Name - Component - 00 The screening shall be conducted in accordance with CDC guidelines for preventing the transmission of mycobacterium tuberculosis in health care settings. The documentation must indicate the date of the screening which may not be more than 1 year prior to the individual's start date.
Observations:
Based on a review of personnel files (PF), the Centers for Disease Control and Prevention (CDC) guidelines, and an interview with the administrator, the home care agency (HCA) did not provide documentation that a direct care worker (DCW), upon hire, was screened for and free from active mycobacterium tuberculosis for seven (7) of seven (7) PF's reviewed: PF#1, PF#2, PF#3, PF#4, PF#5, PF#6, and PF#7, and did not provide documentation of a tuberculosis (TB) symptom screen questionnaire and/or TB risk assessment completed upon hire for five (5) of seven (7) PF's reviewed: PF#2, PF#3, PF#4, PF#6, and PF#7.
Findings include:
The Centers for Disease Control and Prevention (CDC) and the National TB Controllers Association released updated recommendations for Tuberculosis (TB) screening, testing, and treatment of health care personnel on May 17, 2019. These recommendations update the health care personnel screening and testing section of the 2005 CDC Guidelines for Preventing the Transmission of Mycobacterium Tuberculosis in Health-Care Settings. All health care personnel should be screened for TB upon hire (i.e., preplacement). TB screening is a process that includes: a baseline individual TB risk assessment, a TB symptom evaluation, and a TB test (e.g., a TB single blood assay test or a two-step tuberculin skin test (TST), and additional evaluation for TB disease as needed. Health care personnel with a positive TB test result should receive a symptom evaluation and a chest x-ray to rule out TB disease. Additional workup may be needed based on those results. All health care personnel should receive TB education annually. TB education should include information on TB risk factors, the signs and symptoms of TB disease, and TB infection control policies and procedures. (CDC/MMWR/May 17, 2019/Vol.68/No.19).
Findings include:
A review of PF's was conducted on July 10, 2024 starting at approximately 9:50 AM. The date of hire (DOH) is indicated below.
PF#1 DOH 02/13/2024 did not complete a TB test upon hire. The Quantiferon TB blood study contained in the PF was obtained on 04/18/2024, two (2) months after the DOH.
PF#2 DOH 03/16/2024 did not contain any TB testing results. A physical examination document from an urgent care center contained in the file noted "negative for TB" but no actual laboratory reports or results were present in the file. A TB risk assessment was not completed upon hire.
PF#3 DOH 04/08/2024 contained a tuberculin skin test (TST) completed on 12/12/2023. There was no second TST present in the file. A TB risk assessment was not completed upon hire.
PF#4 DOH 09/22/2023 did not contain evidence that a TB test was completed upon hire. A physical examination record from a local physician provider noted that a Quantiferon Blood test obtained on 10/18/2023 (one month after the DOH) was negative, but no actual laboratory reports or results were present in the file. A TB symptom screen questionnaire and TB risk assessment were not completed upon hire.
PF#5 DOH 02/25/2024 did not contain evidence that a TB test was completed upon hire. A form developed by the home care agency titled "Physical & Tuberculin Examination Form," dated 04/03/2024 was contained in the file. The first page of the form contained an attestation from a physician stating, "I certify that upon physical examination and results of tuberculin examination, the employee was found to be clinically free from evidence of communicable/infectious diseases as of 04/03/2024." The second page of the form was titled, "Result Trends." The form contained a Quantiferon result noted to be negative. The form had a date of 04/03/2024 (two months after the DOH). There was no indication of the origin of the form, nor who and when the the Quantiferon blood study was actually collected and resulted.
PF#6 DOH 04/01/2023 did not contain evidence that a TB test was completed upon hire. A form developed by the home care agency titled "Physical & Tuberculin Examination Form," dated 03/05/2023 was contained in the file. The form contained an attestation from a nurse practitioner stating, "I certify that upon physical examination and results of tuberculin examination, the employee was found to be clinically free from evidence of communicable/infectious diseases as of 03/05/2023." There were no TB test results present in the PF. A TB risk assessment was not completed upon hire.
PF#7 DOH 02/05/2024 did not contain evidence that a TB test was completed upon hire. A form developed by the home care agency titled "Physical & Tuberculin Examination Form," dated 02/01/2024 was contained in the file. The first page of the form contained an attestation from a nurse practitioner stating, "I certify that upon physical examination and results of tuberculin examination, the employee was found to be clinically free from evidence of communicable/infectious diseases as of 02/01/2024." The second page of the form contained the first step TST administered on 06/29/2024 (four months after the DOH). There was no second TST present in the file. A notation on the second page also stated "Chest X-ray examination negative, no further testing required for one year." No chest radiograph results were present in the file. A TB risk assessment was not completed upon hire.
An interview conducted with the administrator on July 10, 2024 starting at 12:00 PM confirmed the above findings.
Plan of Correction:For the affected files, the administrator will ensure that any missing tuberculosis screenings are completed as per CDC guidelines. This includes any necessary follow-ups, such as chest x-rays, and updating the files with the completed screenings. 2. Verification of Compliance: The administrator/ Human Resources will review all staff files to ensure compliance with CDC guidelines for TB screening. Any additional non-compliance discovered during this review will be promptly addressed. Training and Education: Caring with Integrity Administrator will implement annual training for all staff on the importance of TB screening, using clear language and emphasizing CDC guidelines and our own policies. 3. Monitoring and Compliance We will establish a quarterly audit of staff files to ensure ongoing compliance with TB screening policies and implement a tracking system for TB screening due dates. 4. Communication: We will communicate any policy changes and the importance of TB screening compliance to all staff through meetings and written updates. Immediate actions for correction will be initiated within 1 week. The review of all staff files and policy updates will be completed within 30 days.
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 consumer files (CF) and an interview with the administrator, the home care agency (HCA) failed to provide the consumer with correct information on the disclosure form addressing the employee or independent contractor status of the direct care worker (DCW) providing services to the consumer, and the resultant respective tax and insurance obligations and other responsibilities of the consumer and the HCA for four (4) of five (5) CF's reviewed: CF#1, CF#2, CF#3, and CF#4.
Findings include:
A review of CF was conducted on July 10, 2024 starting at 9:20 AM. The start of care (SOC) is indicated below.
CF#1 SOC 03/11/2024 contained a disclosure form that was not completed correctly. The disclosure form did not distinguish between whether the direct care worker was or was not an employee of the agency as both areas were checked, and there was no indication as to whether the HCA maintained general and professional liability insurance as this section was blank.
CF#2 SOC 02/16/2024 contained a disclosure form that was not completed correctly. The disclosure form did not distinguish between whether the direct care worker was or was not an employee of the agency as both areas were checked.
CF#3 SOC 04/13/2024 contained a disclosure form that while signed by the consumer, was otherwise completely blank/incomplete.
CF#4 SOC 09/24/2023 contained a disclosure form that was not completed correctly. The disclosure form did not distinguish between whether the direct care worker was or was not an employee of the agency as both areas were checked.
An interview conducted with the administrator on July 10, 2024 starting at 12:00 PM confirmed the above findings.
Plan of Correction:1. Immediate Review and Update of Existing Disclosure Forms The administrator will conduct immediate review of all active consumer files to ensure that disclosure forms are completed accurately and fully. Priority will be given to correcting the forms identified in the observations (CF#1, CF#2, CF#3, CF#4). The hiring manager will review and update the forms to correctly indicate the DCW's employment status and clearly mention the respective tax and insurance obligations. 2. Staff Training Organize mandatory training sessions for all administrative staff involved in the preparation and review of consumer files and disclosure forms. The training will cover Detailed instructions on how to fill out the disclosure forms correctly. Importance of accurately communicating the employment status of D.C.W.s and related tax and insurance information. This will be completed within 30 days of the findings. 3. Revision of the Consumer Onboarding Process Revise the existing consumer onboarding process to include a step where the consumer, their legal representative, or responsible family member is verbally informed about the contents of the information packet and the significance of the disclosure concerning the employment status of the DCW. Implement a double-check system in which the administrator reviews the completed disclosure form and information packet before they are handed over to the consumer. 4. Introduction of a Quality Assurance Protocol The administrator will implement a Quality Assurance (QA) protocol to regularly audit consumer files and ensure compliance with information provision requirements, focusing on the accuracy and completeness of the disclosure forms.
Initial Comments:
Based on the findings of an onsite State Re-Licensure Survey conducted on July 10, 2024, Caring With Integrity Home Care was found to be in compliance with the requirements of 35 P.S. 448.809 (b).
Plan of Correction:
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