Each state has their own set of guidelines and requirements for Home Care workers regarding compliance, testing and reporting; these statutes are often hidden in confusing and wordy documents. We decided to clear them up for you in a more concise way. Here are Pennsylvania’s requirements for Home Care Agencies and Registries:
Home Care Agencies and Registries Must:
- Conduct criminal background checks and child abuse clearances, if applicable, on allstaff
- Conduct TB screens for all workers that have direct consumer contact
- Make sure that home care workers have a valid nurses license, pass a competency exam developed by the HCA/HCR, or have completed one of the following:
(a) The nurse aide certification and training program sponsored by the Department of Education
(b) A home health aide training program meeting the requirements of 42 C.F.R. 484.36
(c) A training program meeting the training standards imposed on the HCA/HCR by virtue of their participation as a provider in a Medicaid Waiver or other publicly funded program providing home and community-based services
(d) A program approved by the department and published in the Pennsylvania Bulletin or posted on the department's website
- Make sure that each direct health care worker complies with the following
(a) Maintain documentation to show that owner(s) and office staff have criminal background checks and child abuse clearances.
(b) Make sure that owner(s) and office staff with direct consumer contact have the required TB screening
(c) Review direct care worker competency at least annually (more frequently if warranted)to ensure direct care workers have the proper skills to provide the care required by consumers
HCA’s andHCR’s Must Provide Information to Consumers Regarding:
- The right to be involved in the service planning process
- The right to receive services with reasonable accommodations
- The right to receive 10 calendar days advance notice of termination
- The right to receive less than 10 days written notice if consumer has failed to pay, despite notice, and is more than 14 days in arrears; or if health and welfare of the direct care worker is at risk
- The services that will be provided, the identity of the direct care workers that will provide the service, the hours when services will be provided, fees and total costs
- Department of Health contact information regarding licensure requirements
- Department of Health complaint hotline number
- Telephone number for the local ombudsman and competency requirements for direct care workers
- Whether the direct care worker is an employee or independent contractor
- Tax obligations and employment responsibilities of HCA/HCR and consumer with regard to the direct care workers, and
- Documentation that demonstrates personal face-to-face interview with all direct care workers or independent contractors.
HCAs or HCRs may not:
- Assume power of attorney over one of their clients
- Require a consumer to endorse checks to them
The Department of Health is required to:
- Collect an annual licensing fee
- Determine HCA/HCR compliance with licensure requirements through on-site surveys interviews with office staff, direct care workers,consumers and other individuals providing care; and review of all relevant files, documents, policies and procedures
- Identify deficiencies
- Require plans of correction for deficiencies
- Accept or reject plans of correction, and
- Investigate complaints.
We hope that this list of requirements gives you a clear understanding of the rules and regulations that HCA’s and HCR’s must follow.For the full, unedited list of requirements, visit The Pennsylvania Department of Health’s page here.
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