Current through Register No. 40, October 3, 2024
(a) Personnel
records shall be maintained by the OQA for all employees.
(b) Each employee's personnel record shall
include the following:
(1) The name, address,
and telephone number of the employee;
(2) The employee's qualification for the
position, including, as applicable, education, training, and his or her
referral for hire by an individual;
(3) The employee's prior work experience and
employment references;
(4) Proof of
age;
(5) A copy of a valid photo
identification;
(6) A completed INS
Form I-9 Verification of Citizenship and Alien Status, if applicable;
(7) Copies of all required federal and state
employment tax and insurance related forms;
(8) A signed verification by the employee
that he or she has received a copy of the OQA's policy setting forth the rights
and responsibilities of individuals served and the rights and responsibilities
of the employee;
(9) A statement
signed by the employee and the consumer receiving the personal care services or
the consumer's representative that the employee has the skills and experience
and has received orientation by the agency and training sufficient to meet the
needs of the individual;
(10) A
signed statement in accordance with
He-P
601.11(k);
(11) A record of all training received;
and
(12) Documentation of completed
criminal background check pursuant to RSA 161-:6-aI and central registry check
pursuant to RSA
161-F:49.
(c) The OQA shall ensure that all records are
legible, current, and accurate.
(d)
Personnel records shall be retained for 7 years after discharge of a personal
care service worker.
(e) The OQA
shall arrange for the storage and retrieval of personnel records in the event
that the OQA ceases operation.
(f)
Personnel records shall be maintained in a confidential manner as follows:
(1) Active and archived personnel records
shall be maintained in a locked, metal container, room, or cabinet at the
organization;
(2) Individual
personnel records shall not contain information pertaining to other
employees;
(3) Access to personnel
files shall be limited as authorized by federal, state, or local law or
regulations;
(4) Personnel files
shall be readily available to any persons authorized to review such records
including the department during any complaint investigation; and
(5) Computerized files shall be protected by
access restrictions.
(g)
Service records for each individual shall be maintained by the certified OQA
for all services provided to individuals.
(h) Service records shall include, but not be
limited to:
(1) The individual's name,
address, telephone number, and date of birth;
(2) If the individual has designated a
representative, the representative's name, date of birth, relationship to the
individual, address, and phone number, when applicable;
(3) An emergency contact name, the contact's
relationship to the individual, address and telephone number;
(4) The name of individual's case manager and
his or her contact information;
(5)
Medicaid and other insurance information, as applicable;
(6) A copy of the individual's
person-centered plan and all updates;
(7) The names of the individual's back-up
personal care service worker(s) and back-up plan;
(8) The personal care service-related
training provided to each personal care service worker by the individual or his
or her representative;
(9) Copies
of payroll summary reports;
(10)
Documentation of all assessments of the individual that are conducted by the
OQA;
(11) Documentation of all
communications with the individual and with the individual's case
manager;
(12) Documentation of the
information required in
He-P
601.11(j)(2) including the
implementation of safeguards in accordance with
He-P
601.11(j)(2)b., if
applicable;
(13) A signed
acknowledgement of receipt of the individual's bill of rights signed by the
individual or his or her representative;
(14) A signed acknowledgement of the
individual or the representative's receipt of the manual as described in (e)
above;
(15) Documentation of the
personal care services provided in accordance with
He-P
601.10(s); and
(16) Documentation of termination of services
including:
a. The date of discharge;
b. The health and functional status of the
individual at discharge;
c.
Discharge planning information;
d.
Any discharge referrals which have been made; and
e. Reason for discharge.
(i) Service records for each
individual shall be maintained as follows:
(1) The OQA shall ensure that all
individuals' service records are legible, current and accurate;
(2) Individuals' service records shall be
retained for 7 years after discharge of an individual;
(3) An OQA shall arrange for storage and
access as needed of individuals' service records in the event the OQA ceases
operation;
(4) Individuals' service
records shall be maintained in a confidential manner including the following:
a. Separate individual service records shall
be maintained for each individual receiving personal care services and shall
contain all information required in (h) above;
b. Service records shall be retained at the
OQA;
c. Service records shall be
maintained in accordance with the HIPAA;
d. An OQA shall develop and implement a
policy that shall determine the method by which written release of information
contained in the individual's service record shall occur;
e. All files shall be accessible only to the
staff designated by the OQA director and protected by federal, state, or local
law or regulation;
f. Except to the
extent prohibited by the requirement in (4)e. above, each service record shall
be readily available to the professional staff, health care worker, and any
persons legally authorized to review such records; and
g. An OQA shall provide the individual with a
copy of his or her service record upon receipt of the request from that
individual;
(5) An OQA
shall have a system in place and a policy and procedure for preparing and
distributing billing summary reports to individuals or representatives for each
billing period; and
(6) Copies of
each report, specified in (5) above, shall be kept in the individual's service
record;
(7) The billing summary
report shall include, but not be limited to:
a. The individual's name, address and
telephone number;
b. The
individual's Medicaid identification number, when applicable;
c. The name of the individual's case manager
and his or her telephone number;
d.
The billing period;
e. The total
hours per week and hours per day of personal care services rendered;
f. The total number of billing
units;
g. The billing rate per
hour; and
h. The total amount
billed per week.
(j) The OQA shall maintain the original
versions of each employee's properly executed time sheets or records
demonstrating electronic documentation of the employee's time worked;
(k) The OQA shall make available to the
department the individual's service records and related documents necessary for
the purposes of verification of compliance with the scope, duration, and intent
of the department's support plan developed for the individual.
(l) The OQA shall not engage in falsification
of any documents or records related to individuals' personal care service
provision and billing.
(m) Each OQA
shall post the following documents in an area of the premises that is
conspicuous and open to individuals and the general public:
(1) The agency's current
certificate;
(2) All investigation
reports issued by the department and other relevant regulatory agencies for the
previous 12 months;
(3) Any notice
of a pending hearing or order pertaining to the certified other qualified
agency that has been issued by the department or a court during the previous 24
months;
(4) A copy of the
individual's bill of rights as defined in
He-P
601.03(n);
(5) A copy of the OQA's policies and
procedures relative to the implementation of the individual's bill of rights
and responsibilities;
(6) A copy of
the OQA's complaint procedure; and
(7) A notice stating that complaints
regarding the OQA may be submitted to:
Department of Health and Human Services
Bureau of Elderly and Adult Services
129 Pleasant St. Concord, NH 03301
1-800-351-1888 , ext. 7857 or (603)
271-9212.
(See Revision Notes # 1 and #2 at chapter heading for
He-P 600) #9898-A, eff 3-29-11
