Current through August 31, 2023
A policy and procedure manual must be developed by the agency
to effectively implement its objectives. It must be approved by the governing
authority. The manual must, at a minimum, include policies and procedures
reflecting the following: (3-17-22)
01.
Scope of Services and Area
Served. The agency must define the scope of services offered and the
geographic area served by the agency. (3-17-22)
02.
Acceptance Standards. The
agency must develop and implement written policies and procedures that specify
the agency will only accept and retain participants for whom the agency is
adequately equipped to provide appropriate services according to the
participant's plan of care. The agency will not accept or retain participants
when the agency does not have the personnel appropriate in number and with
appropriate knowledge and skill to provide the services needed by each
participant according to each participant's plan of care. (3-17-22)
03.
Participant Records. Each
agency must develop and implement written policies and procedures that describe
the content, maintenance, and storage of participant records. Each agency must
maintain accurate, current, and complete participant records. These records
must be maintained for at least five (5) years following the participant's
termination of services, or to the extent required by other federal or state
requirements. Each agency must have a participant records system to include
past and current information and to safeguard participant confidentiality under
these rules. (3-17-22)
04.
Required Services. Each agency must develop and implement written
policies and procedures that describe how the agency will assess and provide
residential habilitation services. Residential habilitation services consist of
an integrated array of individually tailored services and supports. These
services and supports are designed to assist the participants to reside in
their own homes. Residential habilitation includes habilitation services aimed
at assisting the individual to acquire, retain, or improve their ability to
reside as independently as possible in the community or maintain family unity,
and include training in one (1) or more of the following areas: (3-17-22)
a. Self-direction, including the
identification of and response to dangerous or threatening situations, making
decisions and choices affecting the individual's life, and initiating changes
in living arrangements or life activities; (3-17-22)
b. Money management, including training or
assistance in handling personal finances, making purchases, and meeting
personal financial obligations; (3-17-22)
c. Daily living skills, including training in
accomplishing routine housekeeping tasks, meal preparation, dressing, personal
hygiene, self-administration of medications, and other areas of daily living
including proper use of adaptive and assistive devices, appliances, home
safety, first aid, and emergency procedures; (3-17-22)
d. Socialization, including training or
assistance in participation in general community activities and establishing
relationships with peers with an emphasis on connecting the participant to
their community. (3-17-22)
i. Socialization
training associated with participation in community activities includes
assisting the participant to identify activities of interest, working out
arrangements to participate in such activities, and identifying specific
training activities necessary to assist the participant to continue to
participate in such activities on an ongoing basis. (3-17-22)
ii. Socialization training does not include
participation in non-therapeutic activities that are merely diversional or
recreational in nature; (3-17-22)
e. Mobility, including training or assistance
aimed at enhancing movement within the person's living arrangement, mastering
the use of adaptive aids and equipment, accessing and using public
transportation, independent travel, or movement within the community;
(3-17-22)
f. Behavior shaping and
management includes training and assistance in appropriate expressions of
emotions or desires, assertiveness, acquisition of socially appropriate
behaviors; or extension of therapeutic services, which consist of reinforcing
physical, occupational, speech and other therapeutic programs.
(3-17-22)
g. Personal Assistance
Services necessary to assist the individual in daily living activities,
household tasks, and such other routine activities as the participant or the
participant's primary caregiver(s) are unable to accomplish on their own
behalf. (3-17-22)
h. Skills
training conducted by direct service staff to teach the participant how to
perform activities with greater independence and to carry out or reinforce
habilitation training. Services are focused on training and are not designed to
provide substitute task performance. Skills training is provided to encourage
and accelerate development in independent daily living skills, self-direction,
money management, socialization, mobility, and other therapeutic programs.
(3-17-22)
05.
Participant Safety. Each residential habilitation agency must develop
and implement a policy and procedure for assessing each individual
participant's safety. The assessment must include environmental and structural
risks to the participant served and how those risks will be reduced or
eliminated. (3-17-22)
06.
Disaster/Emergency Care. Each agency must develop and implement
emergency planning and care policies and procedures that include situational
and environmental emergencies. The policy and procedure must include an
emergency preparedness plan to follow in the event of an emergency.
(3-17-22)
07.
Administrative
Records. Each agency must maintain all administrative records, including
all written policies and procedures, for at least five (5) years or to the
extent necessary to meet any other federal or state requirements.
Administrative records must include, at a minimum: (3-17-22)
a. Administrative structure must include an
organizational chart; (3-17-22)
b.
Legal authority must be identified in organizational bylaws and other
documentation of legal authority of ownership; (3-17-22)
c. Fiscal records must verify service
delivery prior to request for payment. (3-17-22)
08.
Personnel. Each agency must
develop and implement written personnel policies and procedures. The agency is
responsible for the recruitment, hiring, training, supervision, scheduling, and
payroll for its employees. Written personnel policies that describe the
employee's rights, responsibilities, and agency's expectations must be on file
and provided to employees. The record must contain documentation supporting
staff qualifications. A record for each employee must be maintained from date
of hire for not less than five (5) year(s) after the employee is no longer
employed by the agency or as necessary to meet other requirements.
(3-17-22)
09.
Participant
Rights. Each agency must develop and implement written policies that
include a clear definition of personal, civil, and human rights. Upon
initiation of services, the agency must provide each participant and guardian,
if applicable, with written and verbal information outlining participant
rights. This information must be in easily understood terms. The policy and
procedure must include the following rights: (3-17-22)
a. Humane care and treatment;
(3-17-22)
b. Not be put in
isolation; (3-17-22)
c. Be free of
restraints, unless necessary for the safety of that person or for the safety of
others; (3-17-22)
d. Be free of
mental and physical abuse; (3-17-22)
e. Voice grievances and recommend changes in
policies or services being offered; (3-17-22)
f. Have the opportunity to participate in
social, religious, and community activities of their choice;
(3-17-22)
g. Wear their own
clothing and retain and use personal possessions; (3-17-22)
h. Be informed of their habilitative
condition, services available at the agency; (3-17-22)
i. Reasonable access to all records
concerning himself; (3-17-22)
j.
Choose or refuse services; (3-17-22)
k. Exercise all civil rights, unless limited
by prior court order; (3-17-22)
l.
Privacy and confidentiality; (3-17-22)
m. Receive courteous treatment;
(3-17-22)
n. Receive a response
from the agency to any request made within (14) business days;
(3-17-22)
o. Receive services that
enhance the participant's personal competencies and, whenever possible, promote
inclusion in the community; (3-17-22)
p. Refuse to perform services for the agency.
If the participant is hired to perform services for the agency, the wage paid
must be consistent with state and federal law; (3-17-22)
q. Review the results of the most recent
survey conducted by the Department and the accompanying plan of correction;
(3-17-22)
r. All other rights
established by law; (3-17-22)
s. Be
protected from harm; (3-17-22)
t.
Choose one's roommate; (3-17-22)
u.
Reside in the environment or setting that is least restrictive of personal
liberties in which appropriate treatment can be provided; (3-17-22)
v. Communicate by sealed mail, telephone, or
otherwise with persons inside or outside of their residence, to have access to
reasonable amounts of letter writing material and postage and to have access to
private areas to make telephone calls and receive visitors; (3-17-22)
w. Receive visitors at all reasonable times
and to associate freely with persons of their own choice; (3-17-22)
x. Keep and be allowed to spend a reasonable
sum of their own money for personal expenses and small purchases, and have
access to individual storage space for their own use; and (3-17-22)
y. Unless limited to prior court order,
exercise all civil rights, including the right to dispose of property, execute
instruments, make purchases, enter into contractual arrangements, and vote.
(3-17-22)
10.
Health. Each agency must develop and implement written policies
and procedures that: (3-17-22)
a. Define how
the agency will train each direct service staff on procedures to follow for
communicable diseases or infected skin lesions; (3-17-22)
b. Describe how the agency will protect
participants from exposure to individuals exhibiting symptoms of illness;
(3-17-22)
c. Address any special
medical or health care needs specific to each participant; and
(3-17-22)
d. Implement medication
standards and requirements in accordance to Section
302 of these rules.
(3-17-22)
11.
Transportation. Each agency must develop and implement
transportation policies that include the following: (3-17-22)
a. Preventative Maintenance Program.
Establish a preventive maintenance program, including vehicle inspections and
other regular maintenance, for all agency-owned vehicles used to transport
participants to ensure participant safety. (3-17-22)
b. Transportation Safety Policy. Develop and
implement a written transportation safety policy. The policy must include
procedures for ensuring adequate staffing of participants who require
additional supervision during transportation to ensure safety of all vehicle
occupants. (3-17-22)
c. Licenses
and Certifications for Drivers and Vehicles. Obtain and maintain licenses and
certifications for drivers and vehicles required by public transportation laws,
regulations, and ordinances that apply to the agency to conduct business and to
operate the types of vehicles used to transport participants. Agencies must
maintain documentation of appropriate licensure for all employees who operate
vehicles. (3-17-22)
d. Applicable
Laws, Rules, and Regulations. Adhere to all laws, rules, and regulations
applicable to drivers and vehicles of the type used. (3-17-22)
e. Liability Insurance. Continuously maintain
liability insurance that covers all passengers and meets the minimum liability
insurance requirements under Idaho law. If an agency employee transports
participants in the employee's personal vehicle, the agency must ensure that
adequate liability insurance coverage is carried to cover those circumstances.
(3-17-22)
12.
Quality Assurance. Each agency must develop and implement policies
and procedures that describe the Purpose of the Quality Assurance Program that,
at minimum, address the components of Section
405 of these rules.
(3-17-22)
13.
Grievance. Each agency must develop and implement policies and
procedures that describe the agencies methodology for accepting and responding
to grievances presented by participants or their guardians. (3-17-22)
