Current through Register No. 40, October 3, 2024
(a) OQAs shall
employ the following:
(1) An executive
director;
(2) A director of
personal care services;
(3)
Professional staff adequate to provide consumer-directed programs and guidance
to individuals receiving personal care services; and
(4) Personal care service workers.
(b) The executive director and
director of personal care services shall:
(1)
Be at least 21 years of age; and
(2) Be able to demonstrate knowledge
regarding the philosophy and application of consumer-direction to personal care
services.
(c) If the OQA
has a change in its executive director, the OQA shall notify the department in
writing of the change no later than 90 days after the employment start date of
the new executive director.
(d) The
new executive director shall meet the requirements in (b) above.
(e) Each staff member or personal care
service worker shall:
(1) Be at least 17 years
of age;
(2) Be found by the OQA
executive director or his or her designee to have the knowledge and skills
necessary to successfully perform the tasks necessary to meet the needs of the
individual receiving services.
(f) For all new hires prior to employment,
the OQA shall:
(1) Verify the person's
qualifications; and
(2) Verify that
the person is not listed on the BEAS state registry pursuant to
RSA
161-F:49 or does not have a finding of abuse,
neglect, or exploitation following a similar investigation conducted by another
state.
(g) For potential
employees whose scope of employment will include the provision of services in
an individual's home or otherwise involves direct contact with an individual,
the following shall apply:
(1) The OQA shall
obtain and review a criminal conviction record check in accordance with RSA
161-:6-aI; and
(2) Without a waiver
granted in accordance with
He-P
601.16 the OQA shall not make a final offer of
employment if the person has been convicted of a felony.
(h) Waivers of (g)(2) above shall be
effective for the length of the person's employment, unless additional
convictions occur.
(i) For
employees hired prior to the 2020 effective date of these rules who have a
conviction described in (g)(2), the OQA shall submit waiver requests in
accordance with He-P 601.16 no later than the
expiration date of the OQA's current certification.
(j) For personal care service workers with a
misdemeanor conviction, prior to the initiation of services to each individual
served, the OQA shall:
(1) Disclose to the
individual or his or her representative the personal care service worker's
conviction and discuss the impact of the individual's selection on the
provision of services, including the following:
a. Whether or not the conviction poses a
threat to the health and safety of the individual;
b. What safeguards will be in place to
maintain the health and safety of the individual, if the personal care service
worker were to provide services; and
c. Whether or not the individual consents to
the personal care service worker providing services, after being so informed;
and
(2) Maintain the
following in the service record:
a.
Documentation of the date on which the conviction was discussed with the
individual or his or her representative as described in (1) above;
b. The steps taken to implement the
safeguards described in (1)b. above; and
c. A signed statement from the individual
indicating that he or she has been informed of the conviction as describe in
(1) above and consents to the personal care service worker providing
services.
(k)
All personnel shall sign separate statements indicating whether or not that
they:
(1) Have had a felony conviction in this
or any other state;
(2) Have been
convicted of a sexual assault, other violent crime, assault, fraud, abuse,
neglect, or exploitation, or pose a threat to the health, safety, or well-being
of a client;
(3) Have had a finding
by the department or any administrative agency in this or any other state for
assault, fraud, abuse, neglect, or exploitation of any person; and
(4) Understand they are required to report
any administrative finding or criminal conviction to the OQA during the
duration of their employment.
(l) All personnel shall report any
administrative finding or felony or misdemeanor criminal conviction to the OQA
during the duration of their employment.
(m) All professional staff hired by the OQA
shall be licensed or registered as required by applicable state or federal
laws.
(n) The executive director
shall carry out all of the policies and procedures of the OQA.
(o) The executive director, president, or CEO
shall be responsible for:
(1) Administering
agency management and fiscal matters;
(2) Implementing the goals and objectives of
the agency;
(3) Implementing all
written policies and procedures of the certified other qualified
agency;
(4) Employing and
terminating staff, in conjunction with individuals receiving consumer-directed
personal care services;
(5)
Designating, in writing, a staff member who is responsible for administering
the agency in the absence of the executive director;
(6) Planning, organizing, and directing
activities that may be delegated;
(7) Appointing the director of personal care
services; and
(8) Ensuring the
accuracy of informational materials and activities.
(See Revision Notes # 1 and #2 at chapter heading for
He-P 600) #9898-A, eff 3-29-11
