Initial Comments:
Based on the findings of an unannounced onsite complaint investigation survey conducted on August 8, 2023, and off site on August 18 and August 21, 2023 Good Samaritan 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:
611.57(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 an interview with the administrator, the agency failed to provide the consumer with information explaining their rights to the following: 1) To receive services with reasonable accommodation of individual needs. 2) the agency did not provide the right to the consumer to receive at least 10 calendar days advance written notice of the intent of the home care agency 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 for one (1) of one (1) consumer.
Findings include:
A review of agency documentation was conducted on 8/21/2023 approximately from 3:10 through 3: 42 p.m.
Consumer #1 SOC 7/1/2023: There was no documentation of a service agreement or documentation for the right to the consumer to receive at least 10 calendar days advance written notice of the intent of the home care agency 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. There was no documentation of consumer receiving any notice for termination of services.
Reviewed email messages provided by the administrator that contained screenshots of direct care workerr's scheduled calendar visits to the complainant demonstrating that services were provided by the agency on July 3, July 4, July 6, July 7, July 10 and July 11, 2023.
Reviewed email messages containing text messages from the administrator regarding no/show and lateness between direct care worker and administrator:
Text message on July 7, 2023: " unable to make it to (subject of complaint) home due to flat tire". Administrator asked direct care worker (DCW) to inform (subject of complaint).
Text message on July 10, 2023 direct care worker told administrator DCW forgot that DCW had an appointment, and administrator asked direct care worker if she could go to (subject of complaint) home after appointment. Administrator asked the direct care worker when DCW was going to show up after appointment because (subject of complaint ) was asking what time will she be arriving.
Text message from (subject of complaint) to administrator on July 12, 2023:" I don't have coverage for tonight. I suggest you make a way to get here to assist me. Thank you." Text message from (subject of complaint) on July 21, 2023: "whatever happened to 10 days written notice to terminate?"
Reviewed email message on 8/18/2023 approximately from 11:02 a.m. through 11:45 a.m.
July 12th at 10:48 a.m, message from administrator to [name of managed care organization]: "Thanks for your reply, if I am unable to join the [name of managed care organization] how do I go about billing for services rendered. My client was originally private paying client and recently became eligible for the waiver program on 6/26/23 which I have included a screenshot however, I'm still servicing her in with I will now inform her our relationship will have to end. "
An interview with the administrator on August 25, 2023 at 12:30 pm confirmed the above findings.
Plan of Correction:This facility does not file electronically, a Plan of Correction is on file with the Department of Health.
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 an interview with the administrator, the agency failed to provide documentation that the consumer received (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 for one (1) of one (1) CF's, (CF # 1).
Findings include:
A review of agency documentation was conducted on 8/21/2023 approximately from 3:10 p.m. through 3:42 p.m.
Consumer # 1, Start of Care: 7/1/2023, no documentation that the consumer received (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.
Reviewed email messages provided by the administrator that contained screenshots of direct care workerr's scheduled calendar visits to the complainant demonstrating that services were provided by the agency on July 3, July 4, July 6, July 7, July 10 and July 11, 2023.
Reviewed email messages containing text messages from the administrator regarding no/show and lateness between direct care worker and administrator:
Text message on July 7, 2023: " unable to make it to (subject of complaint) home due to flat tire". Administrator asked direct care worker (DCW) to inform (subject of complaint).
Text message on July 10, 2023 direct care worker told administrator DCW forgot that DCW had an appointment, and administrator asked direct care worker if she could go to (subject of complaint) home after appointment. Administrator asked the direct care worker when DCW was going to show up after appointment because (subject of complaint ) was asking what time will she be arriving.
Text message from (subject of complaint) to administrator on July 12, 2023:" I don't have coverage for tonight. I suggest you make a way to get here to assist me. Thank you." Text message from (subject of complaint) on July 21, 2023: "whatever happened to 10 days written notice to terminate?"
An interview with the administrator on August 25, 2023 at approximately 12:30 pm confirmed the above findings.
Plan of Correction:This facility does not file electronically, a Plan of Correction is on file with the Department of Health.
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