Current through September 17, 2024
When recruiting, training, managing, and retaining staff, the
provider must:
(1) Recruit, train,
manage, and retain qualified staff with the skills necessary to meet the needs
of participants and respond to emergencies;
(2) Comply with the employee verification
requirements of Neb. Rev. Stat. §
4-114;
(3) Only hire staff who are at least 18 years
of age if they will be providing direct services alone;
(4) Obtain a National Criminal background
check prior to working alone providing direct support to a participant, and
annually thereafter, on all staff members, and subcontractors, if providing
direct support to a participant, and, if in provider owned or operated
residential settings, on household members age 18 and older;
(5) Obtain a check of the Central Registry of
Child Protection cases and Adult Protective Services prior to working alone
providing direct support to a participant, and annually thereafter, on all
staff members, and subcontractors, if providing direct support to a
participant, and, if in provider owned or operated residential settings, on
household members age 13 and older;
(6) Obtain a check of the Nebraska State
Patrol Sex Offender Registry prior to working alone providing direct support to
a participant, and annually thereafter, on all staff members, and
subcontractors, if providing direct support to a participant, and, if in
provider owned or operated residential settings, on household members age 18
and older; and
(7) Retain results
of registry or background checks for one year following the termination of the
staff person's employment.
003.01
EMPLOYEE BACKGROUND CHECKS. Employees who provide
direct support services may not work alone with participants until the results
of the registry checks and the criminal history background checks are reviewed
by the provider. Background checks cannot be completed more than 180 calendar
days before the staff person's hire date. Employees listed on the Central Abuse
and Neglect Registry, Nebraska State Patrol Sex Offender Registry, or who have
been charged pending disposition or convicted of crimes set forth in this
chapter may not provide direct support services.
003.02
CRIMES. The
Department may, at its discretion, impose any of the types of discipline set
forth in this chapter against a provider certification if the Department
determines that the provider allowed employees or independent contractors who
committed any of the crimes listed in 471 NAC 2 to work directly with
participants. The Department deems a crime to have been committed when a
conviction, admission, or substantial evidence of commission exists. In
exercising its discretion, the Department considers the severity of the
crime(s), the applicability of the crime(s) to the service(s) of the provider,
the person's role within the provider entity, and the amount of time that has
passed since the commission of the crime(s).
003.02(A) NOTIFICATION. All employees must
notify the provider immediately if charged or convicted of any of the crimes
listed above or if placed on any of the Department's registries or State Patrol
Sex Offender Registry.
003.03
STAFF TRAINING AND
COMPETENCY. The provider must ensure that employees, including
subcontractors and management, responsible for providing supports and services
to individuals with developmental disabilities are trained on the minimum
requirements necessary to address the individual's needs prior to working with
individuals in services.
003.03(A)
COMPETENCY. Staff responsible for providing direct
services must demonstrate the competence to support individuals as part of a
required and on-going training program. The provider must ensure staff receive
training and demonstrate competencies under the guidance of an already trained
and proficient staff member prior to working alone with individuals.
003.03(B)
RISK ENDORSEMENT
TRAINING. For staff responsible for providing direct services to
participants served under a Risk Endorsement, the provider must ensure staff
receive training from the provider-employed clinician on the participant's
Individual Support Plan and any behavioral and safety plans and demonstrate
competency in the implementation of these plans prior to working alone with a
participant served under a risk endorsement.
003.03(C)
DOCUMENTATION. The provider must document in the
employee's personnel record that required orientation and training was
completed and competency was demonstrated. It is the responsibility of the
provider to ensure that training and verification of such is completed by
persons with expertise who are qualified by education, training, or experience
in those areas.
003.03(D)
INITIAL ORIENTATION REQUIREMENTS. Initial orientation
must be completed by all new employees prior to working alone with individuals.
Employees must complete the following training requirements:
(i) Individual's choice;
(ii) Individual's rights in accordance with
state and federal laws;
(iii)
Confidentiality;
(iv) Dignity and
respectful interactions with individuals;
(v) Individual support plan and any medical,
behavioral, or safety protocols for all participants to whom the staff provides
direct services; and
(vi) Abuse,
neglect, or exploitation and state law reporting requirements and
prevention.
003.03(E)
REQUIRED TRAINING. Employees must be trained to
respond to injury, illness, and emergencies, and competency verified within 30
calendar days of hire or before working alone with an individual. The following
training areas must be completed:
(i)
Emergency procedures;
(ii)
Cardiopulmonary resuscitation (CPR);
(iii) Basic first aid; and
(iv) Infection control.
003.03(F)
IMPLEMENTATION. Employees must be trained and
demonstrate competency within 180 calendar days of hire regarding the
implementation of the provision of services to individuals. This training must
include:
(i) Implementation and development of
the individual support plan (ISP) and interdisciplinary process;
(ii) Positive support techniques;
(iii) Division approved emergency safety
intervention techniques;
(iv)
Concepts of habilitation, socialization, and age-appropriateness, depending on
the needs of the individual;
(v)
Use of adaptive and augmentative devices used to support individuals, as
necessary;
(vi) Other training
required by the provider; and
(vii)
Other training as required by the specific service options.
003.03(G)
DIRECT
SERVICES REQUIREMENTS. For employees providing direct services to
individuals served under a risk endorsement, all training requirements outlined
in this chapter must be completed prior to working alone with a participant
served under a risk endorsement.
003.03(H)
VERIFICATION. Training and verification of
competencies in the above areas must be conducted by persons with expertise who
are qualified by education, training, or expertise in those areas.
003.03(H)(i)
DEMONSTRATION OF
COMPETENCY. Staff training and demonstration of competency must be
documented and maintained by the provider, and must include:
(1) The training topic;
(2) Date staff attended training;
(3) Date competencies verified;
(4) Name of person conducting training;
and
(5) Verification of
competencies.
003.04
STAFF
CREDENTIALS. The provider must maintain documentation of all
current credentials of individuals providing services for which credentialing
is required.
003.05
SUFFICIENT STAFF. The provider must at all times
maintain enough persons providing services, supports, and supervision to meet
the needs of each participant served.
003.06
STAFF
RECORDS. All agency providers of services under the Developmental
Disabilities Services Act must meet the staff records requirements in this
section.
003.06(A)
WORK
RECORDS. The provider must maintain a record of hours worked by
staff who provide direct services. The record must include the:
(i) Name of the staff person;
(ii) Staff person's position title;
(iii) Date and specific time period worked;
and
(iv) Location the staff person
worked for the specified period of time.
003.06(B)
EMPLOYMENT
RECORDS. The provider must maintain a current employment record
for each staff person. The record must include:
(i) Date of hire;
(ii) Initial and ongoing training;
(iii) Credentialing information, if
applicable;
(iv) Background
checks;
(v) Job qualifications;
and
(vi) Personnel actions, if
applicable.
