10 Colo. Code Regs. § 2505-10-8.7409
Current through Register Vol. 47, No. 24, December 25, 2024
Section 10 CCR 2505-10-8.7409 - PersonnelA. Employee and Contractor records 1. The Provider Agency shall maintain records documenting the qualifications and training of employees and contractors who provide services to Members.2. Provider Agencies shall maintain a personnel record for each employee or Contractor. The record shall contain: a. Documentation of qualifications.b. Documentation of trainings completed.c. Documentation of supervision and performance evaluation or contractor management and oversight.d. Documentation that the employee/Contractor was informed of all policies and procedures required by Section 8.7409.e. Documentation of the job description or signed contract.f. Documentation of a criminal background check and a CAPs check.B. License/Certification 1. The Provider Agency shall meet the enrollment requirements for each service it provides prior to providing services. The agency shall ensure each employee or independent Contractor maintains the necessary and appropriate license and/or Certification to render services. The Provider Agency shall maintain documentation of current and valid individual license(s) and Certification(s) in the personnel record.C. Medication administration1. All employees and Contractors, not otherwise authorized by law to administer medication, who assist and/or monitor Members in the administration of medications or the filling of medication reminder boxes shall have passed a "Qualified medication administration person" or "QMAP" competency evaluation offered by an approved training entity, and shall be listed on the Department's list of persons who have passed the requisite competency evaluation as defined in 6 C.C.R. 1011-1, Chapter 24. Each facility shall ensure the qualifications of the QMAP employee or Contractor per 6 C.C.R.1011-1, Chapter 24, Section 3.D. Trainings 1. Provider Agencies shall have an organized program of orientation and training of sufficient scope for employees and Contractors to carry out their duties and responsibilities efficiently, effectively, and competently. Training shall be provided prior to employees or Contractors having unsupervised contact with Members. The training program shall, at a minimum, provide for and include: a. Training related to person-centered practices, the role of the Person-Centered Support Plan, and the concept of dignity of risk;b. Training related to health, safety, and services and supports to be provided related to the specific needs and diagnoses of Members served;c. Training specific to the individual(s) for whom the employees or Contractors will be providing services and supports which includes medical or behavioral protocols, supervision, dietary and Activities of Daily Living (ADL) needs; andd. Provider Agencies' internal policies and procedures.E. Colorado Adult Protective Services (CAPS) and Criminal Background Checks 1. Provider Agencies shall conduct criminal background checks and reference checks and compare the employee's/independent Contractor's name against the list of all currently excluded individuals maintained by the Office of Inspector General prior to employing staff or independent Contractors to provide services and supports to Members. All costs related to obtaining a criminal background check shall be borne by the Provider Agency. Background checks shall be completed every five years for each employee and Contractor who provides direct care to Members.2. Provider Agencies shall comply with the CAPS check requirements set forth at § 26-3.1-111(6)(a), C.R.S. and 12 C.C.R. 2518-1, § 30.960.G-J. The Provider Agency shall maintain accurate records and make records available to the Department upon request. a. HCPF or its designee shall act as the oversight Provider Agency described at 26- 3.1-111(6)(a)(III) and shall receive CAPS check results for Provider Agencies requiring Certification, the prospective Agency shall:i. Submit to the CDPHE a copy of the CAPS check results as part of their initial application for Certification.1) Substantiated findings as outlined in Section 8.7409 E.2.b may result in the denial of the Medicaid enrollment application.b. Direct Care Workers with any of the following are prohibited from providing direct care to any Member: i. An allegation of MANE or harmful act, as defined in Section 26-3.1-101, C.R.S., substantiated by Adult Protection Services (APS) within the last 10 years, at a severity level of "Moderate" or "Severe" as defined in 12 C.C.R. 2518-1; Section 30.100;ii. Three or more allegations of MANE or harmful act, as defined in Section 26-3.1-101, C.R.S., substantiated by APS within the last five years, at the minor severity level as defined in 12 C.C.R. 2518; Section 30.100; oriii. A criminal conviction of MANE against an at-risk adult defined at 26-3.1- 101, C.R.S.iv. Only substantiated allegations for which the state level appeal process as defined as 12 C.C.R. 2518-1; Section 30.920 has concluded shall be included in the above exclusions list.47 CR 03, February 10, 2024, effective 3/16/202447 CR 21, November 10, 2024, effective 11/30/2024