Current through Register 1531, September 27, 2024
(1) In
selecting the care provider the placement agency shall comply with the
following:
(a) The placement agency shall
assess the personal characteristics of the care provider and, where applicable,
other members of the household who will be providing supervision or services
with respect to their ability and appropriateness to serve the individual as
determined through interviews, review of any prior service assessments, and
information from at least two personal references. The placement agency shall
also inquire of the care provider and the personal references as to whether any
reports have been filed against the provider under M.G.L. c. 119 regarding the
abuse, mistreatment, or neglect of children; under M.G.L. c. 19C, regarding
abuse of adults with disabilities; under M.G.L. c. 19A, regarding abuse of
elders; or under M.G.L. c. 111, regarding abuse of a resident in a facility
licensed or certified by the Department of Public Health.
(b) In assessing the care provider's ability
to provide supports and services to individuals, the placement agency shall
consider the following factors:
1. motivation
for application;
2.
characteristics, number, and age of the individuals the care provider can
adequately serve;
3. geographical
location of the care provider's home in relation to the needs of the individual
the placement agency intends to serve;
4. ability to adjust to family changes which
will occur when the individual is placed;
5. capacity to integrate the individual into
daily routines and patterns of living without undue disruption;
6. flexibility to meet the individual's
changing needs;
7. ability to
accept the individual's relationship with his or her natural parents and other
family members;
8. ability, if and
when appropriate, to assist an individual to make the transition to a more
independent living arrangement; and
9. previous work experience, competencies, or
training in providing supports and services to persons with intellectual
disability or other disabilities, and relevant personal experiences.
(c) The placement agency shall
assure that the minimum age for a person providing residential supports to an
individual eligible for the Department's services in the care provider's own
home is 21 years of age, except that a person 18 of age or older may provide
such services if the person works under the direct supervision of someone 21
years of age or older and through training or experience exhibits the knowledge
and competencies as set forth in 115 CMR 7.11(2)(a) prior to the provision of
services. The age of any care provider shall be considered in determining the
appropriateness of placing specific individuals with that person based on the
individual's ISP.
(d) The placement
agency shall assess whether the care provider's employment, if any, outside the
home will decrease the provider's capacity to meet the requirements of
115 CMR 7.00 and that adequate
provision exists for the care and supervision of individuals during any such
absences.
(e) The placement agency
shall assess the composition of the care provider's household to ensure that
the number and characteristics of other members of the household do not
adversely affect either the capacity of the provider to give adequate time,
energy, and attention to individuals served or the appropriateness of the
environment for specific individuals in accordance with their needs.
(f) The placement agency shall assure that a
care provider is serving only individuals 18 years of age or older unless there
is prior approval by the area director. The approval shall be based on the area
director's consideration of the circumstances and relationships of all
individuals who will be supported in the home and the capacity of the care
provider to meet their needs.
(g)
The placement agency shall conduct and document a review of the home of the
person who may be selected as the care provider in accordance with the
standards set forth in
115 CMR
7.07(1) and (3) through
(7).
(2) The placement agency shall assure that
care providers shall have sufficient pre-service and in-service training to
assure that they have the information and skills necessary to meet the needs of
individuals to be supported.
(a) Prior to the
delivery of services, the placement agency shall assure that the care provider
demonstrates knowledge and competence in at least the following areas: the
current value base of service delivery; the nature and treatment of individuals
with developmental disabilities; relevant principles of care, treatment, and
the provision of supports; first aid; CPR; seizure care; and fire and safety
considerations.
(b) The placement
agency shall assure that the care provider annually receives sufficient ongoing
in-service training to continue to meet the needs of individuals
served.
(3) The
placement agency shall execute a written agreement with the person indicating
that the care provider will:
(a) comply with
all applicable state laws, standards, and regulations;
(b) report any changes of location, household
composition, or other conditions that may affect the person's continued
suitability and ability to provide supports prior to such changes or as soon
thereafter as practicable, but no later than 24 hours after such
changes;
(c) permit on-site review
of the home;
(d) permit a
representative of the placement agency and an employee of the Department
authorized to conduct surveys under
115 CMR
8.03(3): Survey Team
to visit the home, as often as deemed necessary by the placement
agency or the Department, to monitor compliance with the Department's
regulations. Such visits may be made at any time, with or without notice, but
should ordinarily be made with prior notice and at normal hours, giving due
regard to the privacy of the individuals supported in the home, family members
and other residents, and to any disruption that the visit may cause;
(e) cooperate with the placement agency and
the Department in maintaining liability insurance coverage, where applicable;
and
(f) arrange for emergency
medical treatment of the individual and for notification of the placement
agency and the individual's physician, family, and guardian, if any, and
service coordinator of emergencies or symptoms reasonably appearing to require
medical attention.
(4)
The placement agency shall conduct an annual assessment of the skills of the
care providers, with such assessment made available to the
Department.
(5) The placement
agency should determine whether the care provider is the sole provider of
residential supports or whether there will be shared responsibility with a
spouse or other adult members of the provider's family. If there is shared
responsibility, the additional person(s) must be identified and determined
appropriate as a care provider in accordance with the requirements of 115 CMR
7.11(1) through (4) and all other applicable regulations.
(6) The placement agency shall, prior to
placement, determine and document the appropriateness of the placement in
relation to the needs and age of the individual and the capacity and other
characteristics of the care provider and of the home.
(7) Prior to placement, except in emergencies
in which case as soon after placement as possible, the placement agency shall
furnish the care provider with sufficient personal, medical, legal, and
behavioral information to enable the care provider to care for the individual.
Such information shall include, at least:
(a)
information on medication, special diets, allergies and other pertinent medical
needs and the name(s) and telephone number(s) of the person(s) designated by
the placement agency for the care provider to contact in the event of a medical
or other emergency involving the individual;
(b) information on the individual's work,
training, school, or other supports; and
(c) information on the individual's legal
status with respect to custody (if a minor) or guardianship, and, if
applicable, the name, address, and telephone number of the guardian, and
specific authority, limitations, and rights of the individual in relation to
custody or the guardianship.
(8) Except in emergencies, a representative
of the placement agency shall participate in the first meeting of the care
provider and the individual.
(9)
After a placement is made, the placement agency shall visit the individual at
the home to ensure its continuing appropriateness. The frequency of visits and
the length of time over which visits are conducted may vary depending on the
individual circumstances, but in no event shall the placement agency visit each
home where residential or 24 hour respite supports are provided less frequently
than once monthly, unless otherwise instructed in writing by the
Department.
(10) The placement
agency shall, within a week after such supports initially have been provided,
and at least quarterly thereafter if the supports continue to be provided,
contact the individual and his or her family or other primary care provider to
obtain a written evaluation of the arrangement. The evaluation shall include an
assessment of the individual's and family's satisfaction with the supports and
services provided by the placement agency and the care provider and with the
degree to which the services meet the individual's needs.
