Current through Register Vol. 50, No. 9, September 20, 2024
A.
Prior to hiring any non-licensed person, the home health agency HHA shall:
1. ensure that the individual is at least 18
years of age;
2. document that the
individual is able to read, write and compare the English language;
and
3. access the DSW/CNA registry
to determine if there is a finding that a prospective hire, or currently
employed or contracted non-licensed person, has been determined to have
committed exploitation, extortion, abuse or neglect of an individual being
supported, or misappropriated the individual's property or funds.
4. Access to the registry shall be limited to
an inquiry for a specific individual.
B. The HHA shall have a written
policy/process to check the DSW/CNA registry on the department's designated
database at least every six months to determine if any currently employed or
contracted non-licensed person has been placed on the registry with a finding
that he/she has been determined to have committed abuse or neglect of an
individual being supported or misappropriated the patient's property or funds
or committed exploitation or extortion of a patient.
1. The HHA shall follow the agency's process
in demonstration of compliance with this procedure.
2. If there is such a finding on the
registry, the employee shall not have continued employment as a nonlicensed
person with the HHA.
NOTE: The DSW/CNA registry is maintained on the
department's designated database which may also contain other exclusionary
information on a nonlicensed person. The HHA's responsibility to access the
database shall also be conducted in accordance with other departmental Rules
and regulations, as applicable.
C. Criminal History. In accordance with R.S.
40:1203.15 et seq., the HHA shall have a written policy and process to request
in writing a security check and the criminal history of an employee, either
contracted or directly employed, conducted by the Louisiana State Police or
authorized agency, upon offer of employment or contract.
1. The HHA may make an offer of temporary
employment to a non-licensed person pending the results of the criminal history
and security check on the person. In such instances, the HHA shall provide to
the Louisiana State Police, or authorized agency, the name and relevant
information relating to the person within 72 hours after the date the person
accepts temporary employment.
2.
The security check shall consist of the use of personal identifiers, such as
name, social security number, date of birth, and driver's license number, to
search the national sex offender public registry. The HHA shall obtain from the
Louisiana State Police or the authorized agency the results of the security
check to verify if an applicant is listed in the national sex offender public
registry.
3. Any home health aide
offered temporary employment prior to the receipt of the results of the
required criminal history and security check shall be under the direct
supervision of a permanent employee or shall be in the presence of a member of
the immediate family of the patient or of a caregiver designated by the
immediate family of the patient.
a. For
purposes of this Paragraph, member of the immediate family means a child,
parent, grandparent, sibling, uncle, aunt, nephew, or niece of the patient
related by blood, marriage, or adoption.
D. The provisions of this Section shall apply
to nonlicensed persons who are compensated, either by direct employment or
through contract, regardless of the setting.
AUTHORITY
NOTE: Promulgated in accordance with
R.S.
36:254 and
R.S.
40:2116.31 et
seq.
