Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 630.000 - Home- and Community-Based Services Waiver services
Section 630.439 - Personnel Requirements and Responsibilities of HCBS Waiver Providers

Universal Citation: 130 MA Code of Regs 130.630

Current through Register 1531, September 27, 2024

The requirements in 130 CMR 630.439 apply to HCBS waiver providers in 130 CMR 630.404(D) that have personnel, including employees, independent contractors, and volunteers, providing HCBS waiver services to participants.

(A) Personnel Hiring Requirements . Each HCBS waiver provider must:

(1) check the candidate's references and job history and ensure that the candidate meets all of the required experience, education, and qualifications before hiring;

(2) conduct a Criminal Offender Records Information (CORI) check and determine whether any offender records may disqualify any personnel from contact with participants;

(3) ensure that all personnel are appropriately trained and managed;

(4) have available at all times a sufficient number of educated, experienced, trained, and competent personnel to provide services to persons with acquired brain injuries;

(5) evaluate personnel annually using standardized evaluation measures; and

(6) maintain a record of each performance evaluation in a separate personnel file for each person.

(B) Hiring Requirements for Personnel Who Provide Hands-on Physical Assistance to Participants . In addition to the personnel hiring requirements in 130 CMR 630.439(A), each HCBS waiver provider must ensure that each person who will provide hands-on physical assistance to participants:

(1) has received a tuberculosis screening within the previous 12 months; and

(2) receives a tuberculosis screening every two years.

(C) Personnel Training Requirements . Each HCBS waiver provider must:

(1) provide initial and periodic training to all personnel who are responsible for the care and services to a participant. Records of completed training must be kept on file and updated regularly;

(2) hold an orientation for new personnel within one month of hire. This orientation must include the following topics for all personnel who will have direct contact with participants:
(a) delivery of HCBS waiver services;

(b) written policies and procedures of the HCBS waiver provider;

(c) the requirements of 130 CMR 630.000;

(d) the roles and responsibilities of provider personnel;

(e) best practices for working with participants with brain injuries;

(f) behavioral interventions, behavior acceptance, and accommodations;

(g) cardiopulmonary resuscitation (CPR) and first aid, if such training is required in the licensure or certification standards applicable to the provider type or setting;

(h) infection control and safety practices;

(i) information about local health, fire, safety, and building codes;

(j) privacy and confidentiality;

(k) communication skills;

(l) abuse identification and reporting;

(m) cultural sensitivity and diversity;

(n) universal precautions; and

(o) emergency procedures, including the provider's fire, safety, and disaster plans.

(D) Service Delivery . Each HCBS waiver provider must ensure that each individual who is responsible for delivery of services to a participant must:

(1) be a responsible person who is at least 18 years of age, with the ability to make mature and accurate judgments and with no mental, physical, or other impairments that would interfere with the adequate performance of the duties and responsibilities of an HCBS waiver provider;

(2) not abuse alcohol or drugs;

(3) be able to devote appropriate time necessary to provide needed services to the participant to ensure the participant's safety and well-being at all times during which the service is delivered; and

(4) meet all other requirements established by MRC or DDS.

Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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