General Practices - AFC Providers 660-05-30-05-05
(Revised
5/1/19 ML 3549)
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The provider shall adhere to sound care practices that include the following:
- Permit a representative
of the County Social Service Agency, Aging Services, Division or
other agency serving a resident entry into facility without prior notice.
- Provide information about
the resident to the County Social Service Agency and family member (if
appropriate), legal representative or other agency serving the resident with reasonable
promptness.
- Report illness, hospitalization,
or unusual behavior of a resident to the County Social Service Agency
and to the resident's family, or legal representative.
- Not permit a person, except
for a resident, to reside in the facility or act as a caregiver in the facility,
if that person has been convicted of an offense, unless:
- The Department determines the person has been sufficiently rehabilitated; and the person has not been convicted of an offense
that has a direct bearing upon the health, morality, and well-being of
persons cared for in the facility or a person's ability to serve the public
as a caregiver in a facility.
- Sufficient evidence of
rehabilitation exists with the completion of probation or parole, or of
a period of three years after final discharge or release from any term
of imprisonment, without subsequent conviction.
- Assure that information
related to the resident shall be kept confidential, except as may be necessary
in the planning or provision of care or medical treatment, related to
an investigation or license review or as authorized by the resident.
- Not practice, condone,
facilitate, or collaborate with any form of discrimination on the basis
of race, color, sex, sexual orientation, age, religion, national origin,
marital status, political belief, or mental or physical handicap.
- Shall accept direction,
advice, and suggestions concerning the care of residents from the County
Social Service Agency, Aging Services Division or other agency
representative serving a resident.
- Assure that residents receiving
care in the facility are not subjected to physical abuse, sexual abuse, neglect,
or exploitation.
- Undergo a medical examination,
psychological evaluation, or drug and alcohol evaluation when requested
by the County Social Service Agency, or Aging Services Division
when there is reason to believe that such an examination or evaluation
is reasonably necessary.
- Authorize the release of
a report of any examination, evaluation, or inspection required by Department
policies, administrative rules, or state statute to the County Social
Service Agency, or Aging Services Division.
- Immediately report to the County Social Services Agency changes
in the identity or number of individuals living in the facility.
- Immediately report to the County Social Service Agency the
inability to provide care to a resident.
- Allow a representative
of the County-Social Service Agency or Aging Services Division
to enter the premises, examine the facility and records maintained with respect
to the residents, and interview the resident(s), provider, and caregivers
in order to evaluate compliance with policies, administrative rules and
state statutes.
- Cooperate with the County
Social Service Agency, or Aging Services Division in inspections,
complaint investigations, planning for the care of a resident, application
procedures and other necessary activities, and allow access of the County
Social Service Agency, Ombudsman, or other
authorized individuals to the facility and its residents.
- Not retaliate against any
resident, who has filed a complaint with the County Social Service Agency or Aging Services Division, by taking away rights or privileges;
threatening to take away rights or privileges; or by abusing or threatening
to abuse a resident in any manner.
- The provider shall make
reasonable efforts to make residents comfortable in the facility . During times
of extremes in outdoor temperature the provider will need to adjust the
temperature of the facility's heating and cooling system, provide additional
bedding, use available ventilation and fans, and encourage residents to
wear clothing appropriate for the season or temperature.
- Report destructive and
abusive behavior by a resident towards the provider or other residents
to the County Social Service Agency, the agency that is responsible for
placement of the destructive or abusive resident, and the personal representative
of the destructive or abusive resident for the purpose of transfer, referral
or continuation of care in relation to the needs of the provider and other
residents.
- Arrange for service delivery
when out of the facility through respite care, see Service Chapter 815-01,
or through a substitute caregiver, Section 600-05-30-10-05.
- Employing individuals other
than those who meet the definition of substitute caregiver or respite
care provider to provide services to adult foster care recipients
is prohibited.
- Employing respite care
providers or substitute caregivers to assist in the daily operation of
the adult foster care facility is also prohibited. Respite care and
substitute caregivers may provide care only in the absence of the provider.
- Use of a respite care provider or substitute caregiver is required in absence of the provider if the resident cannot safely be left alone as documented and justified in the person-centered service plan or service and rental agreement. Resident or the resident’s legal representative shall be allowed to choose their respite care provider.
- Must be free of influence, control, and direction in the operation of the facility by the landlord if the private residence is rented.
- May not use a transfer of ownership of a resident’s possessions or property as payments.
- May not purchase property or possessions from a resident without providing documented proof to the Aging Service Division that the item or property was purchased at fair market value.
- May not accept or solicit personal property or a purchased item with a fair market value of at least twenty-five dollars that the resident’s family, or both, choose to give the licensed provider.
- May not accept or solicit personal property or a purchased item with a fair market value of twenty-five dollars or less that the resident, resident’s family or both choose to give to the licensed provider exceeding more than two times in a calendar year.
- Shall notify the County Social Service Agency if the provider holds or will be accepting appointment as a power of attorney agent for a resident. The Aging Service Division may revoke the license of a provider who holds or will be accepting appointment as power of attorney agent for a resident if the Aging Service Division considers it to be a conflict of interest or a result of undue influence.
- Shall notify the resident or resident’s legal representative of their right to manage the resident’s finances. The provider shall notify the County Social Service Agency in writing if the resident or resident’s legal representative requests the provider to act as the representative payee.
- Shall provide the County Social Service Agency upon request an accounting of the resident’s expenses including receipts for all deposits and expenditures if the provider is assisting a resident with management of personal Funds.
- Shall provide twenty-four-hour (24) care and supervision of all residents residing in the facility, unless otherwise documents and justified in the person-centered service plan or service and rental agreement.
- Meet criteria established by the Department for employment outside of the facility.
