Current through Register Vol. 41, No. 3, September 23, 2024
A.
When private duty personnel from licensed home care organizations provide
direct care or companion services to residents in an assisted living facility,
the following applies:
1. Before direct care
or companion services are initiated, the facility shall obtain, in writing,
information on the type and frequency of the services to be delivered to the
resident by private duty personnel, review the information to determine if it
is acceptable, and provide notification to the home care organization regarding
any needed changes.
2. The direct
care or companion services provided by private duty personnel to meet
identified needs shall be reflected on the resident's individualized service
plan.
3. The facility shall ensure
that the requirements of
22VAC40-73-250 D1 through D4
regarding tuberculosis are applied to private duty personnel and that the
required reports are maintained by the facility or the licensed home care
organization.
4. The facility shall
provide orientation and training to private duty personnel regarding the
facility's policies and procedures related to the duties of private duty
personnel.
5. The facility shall
ensure that documentation of resident care required by this chapter is
maintained.
6. The facility shall
monitor the delivery of direct care and companion services to the resident by
private duty personnel.
B.
When private duty personnel who are not employees of a licensed home care
organization provide direct care or companion services to residents in an
assisted living facility, the requirements listed under subdivisions A 2
through A 6 of this section apply. In addition, before direct care or companion
services are initiated, the facility shall:
1.
Obtain, in writing, information on the type and frequency of the services to be
delivered to the resident by private duty personnel, review the information to
determine if it is acceptable, and provide notification to whomever has hired
the private duty personnel regarding any needed changes.
2. Ensure that private duty personnel are
qualified for the types of direct care or companion services they are
responsible for providing to residents and maintain documentation of the
qualifications.
3. Review an
original criminal history record report issued by the Virginia Department of
State Police, Central Criminal Records Exchange, for each private duty
personnel.
a. The report must be reviewed
prior to initiation of services.
b.
The date of the report must be no more than 90 days prior to the date of
initiation of services, except that if private duty personnel change clients in
the same facility with a lapse in service of not more than 60 days, a new
criminal history record report shall not be required.
c. The administrator shall determine
conformance to facility policy regarding private duty personnel and criminal
history to protect the welfare of residents. The policy must be in writing. If
private duty personnel are denied the ability to provide direct care or
companion services due to convictions appearing on their criminal history
record report, a copy of the report shall be provided to the private duty
personnel.
d. The report and
documentation that it was reviewed shall be maintained at the facility while
the private duty person is at the facility and for one year after the last date
of work.
e. Criminal history
reports shall be maintained in locked files accessible only to the licensee,
administrator, board president, or the respective designee.
f. Further dissemination of the criminal
history record report information is prohibited other than to the
commissioner's representative or a federal or state authority or court as may
be required to comply with an express requirement of law for such further
dissemination.
C. The requirements of subsections A and B of
this section shall not apply to private duty personnel who only provide skilled
nursing treatments as specified in
22VAC40-73-470
B.
Statutory Authority: §§
63.2-217, 63.2-1732, 63.2-1802, 63.2-1805 , and 63.2-1808
of the Code of Virginia.
