16 Del. Admin. Code § 3345-3.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 3345-3.0 - General Requirements3.1 The personal assistance services agency shall neither knowingly admit, nor continue to care for, consumers whose needs cannot be met by a personal assistance services agency.3.2 The personal assistance services agency shall establish written policies regarding the rights and responsibilities of consumers.3.3 The personal assistance services agency shall establish policies and procedures that address the handling and documentation of incidents, accidents and medical emergencies.3.4 Reports of incidents, accidents and medical emergencies shall be kept on file at the agency for a minimum of six years.3.5 The personal assistance services agency shall establish policies which control the exposure of consumers and staff to persons with communicable diseases.3.6 A procedure including the consumers and families right to report concerns/complaints to the Department at a telephone number established for that purpose, shall be established to enable consumers and their families or representatives, if any, to have their concerns addressed without fear of reprisal.3.7 The personal assistance services agency shall advise the Department in writing within fifteen (15) calendar days following any change in the designation of the director/administrator or other management personnel within the agency.3.8 The personal assistance services agency may contract for services to be provided to its consumers by direct care workers. Individuals providing services under contract must meet the same requirements as the direct care workers employed by the agency.3.9 The director or a designee of any agency shall be available to consumers at all times during the operating hours of the personal assistance services agency.3.10 The agency shall have policies and an operational system which assure uninterrupted implementation of the service plan. In furtherance of this requirement, the agency shall, at a minimum: 1) maintain a sufficient pool of qualified direct care workers to fulfill service plans and provide scheduled services; and2) develop and maintain a back-up system to provide substitute direct care workers if regularly scheduled direct care workers are unavailable.3.11 The personal assistance services agency shall permit photocopying of any records or other information by authorized representatives of the Department, as necessary to determine or verify compliance with these regulations.3.12 Prior to the provision of personal care services in a healthcare facility, the personal assistance services agency must:3.12.1 Disclose the personal assistance services agency's and the direct care worker's status with respect to attendant tax, worker's compensation and liability insurance obligations, insurance coverage or the lack thereof to each healthcare facility in which services are provided.3.12.2 Obtain written permission from each healthcare facility in which personal care services will be provided.3.13 The personal assistance services agency must not use the word "healthcare", or any other language which implies or indicates the provision of healthcare services, in its title or in its advertising.3.14 The agency shall be in compliance with federal, state and local laws and codes.16 Del. Admin. Code § 3345-3.0
19 DE Reg. 852(3/1/2016)
23 DE Reg. 1033( 6/1/2020) (Final)