Idaho Admin. Code r. 16.04.17.300

Current through September 2, 2024

Section 16.04.17.300 - AGENCY POLICIES AND PROCEDURES

A policy and procedure manual must be developed by the agency to effectively implement its objectives. It must be approved by the governing authority. The manual must, at a minimum, include policies and procedures reflecting the following:

01.Scope of Services and Area Served. The agency must define the scope of services offered and the geographic area served by the agency.

02.Acceptance Standards. The agency must develop and implement written policies and procedures that specify the agency will only accept and retain participants for whom the agency is adequately equipped to provide appropriate services according to the participant's plan of care. The agency will not accept or retain participants when the agency does not have the personnel appropriate in number and with appropriate knowledge and skill to provide the services needed by each participant according to each participant's plan of care.

03.Participant Records. Each agency must develop and implement written policies and procedures that describe the content, maintenance, and storage of participant records. Each agency must maintain accurate, current, and complete participant records. These records must be maintained for at least five (5) years following the participant's termination of services, or to the extent required by other federal or state requirements. Each agency must have a participant records system to include past and current information and to safeguard participant confidentiality under these rules.

04.Required Services. Each agency must develop and implement written policies and procedures that describe how the agency will assess and provide residential habilitation services. Residential habilitation services consist of an integrated array of individually tailored services and supports. These services and supports are designed to assist the participants to reside in their own homes. Residential habilitation includes habilitation services aimed at assisting the individual to acquire, retain, or improve their ability to reside as independently as possible in the community or maintain family unity, and include training in one (1) or more of the following areas:

a. Self-direction, including the identification of and response to dangerous or threatening situations, making decisions and choices affecting the individual's life, and initiating changes in living arrangements or life activities;

b. Money management, including training or assistance in handling personal finances, making purchases, and meeting personal financial obligations;

c. Daily living skills, including training in accomplishing routine housekeeping tasks, meal preparation, dressing, personal hygiene, self-administration of medications, and other areas of daily living including proper use of adaptive and assistive devices, appliances, home safety, first aid, and emergency procedures;

d. Socialization, including training or assistance in participation in general community activities and establishing relationships with peers with an emphasis on connecting the participant to their community.

i. Socialization training associated with participation in community activities includes assisting the participant to identify activities of interest, working out arrangements to participate in such activities, and identifying specific training activities necessary to assist the participant to continue to participate in such activities on an on-going basis.

ii. Socialization training does not include participation in non-therapeutic activities that are merely diversional or recreational in nature;

e. Mobility, including training or assistance aimed at enhancing movement within the person's living arrangement, mastering the use of adaptive aids and equipment, accessing and using public transportation, independent travel, or movement within the community;

f. Behavior shaping and management includes training and assistance in appropriate expressions of emotions or desires, assertiveness, acquisition of socially appropriate behaviors; or extension of therapeutic services, which consist of reinforcing physical, occupational, speech and other therapeutic programs.

g. Personal Assistance Services necessary to assist the individual in daily living activities, household tasks, and such other routine activities as the participant or the participant's primary caregiver(s) are unable to accomplish on their own behalf.

h. Skills training conducted by direct service staff to teach the participant how to perform activities with greater independence and to carry out or reinforce habilitation training. Services are focused on training and are not designed to provide substitute task performance. Skills training is provided to encourage and accelerate development in independent daily living skills, self-direction, money management, socialization, mobility, and other therapeutic programs.

05.Participant Safety. Each residential habilitation agency must develop and implement a policy and procedure for assessing each individual participant's safety. The assessment must include environmental and structural risks to the participant served and how those risks will be reduced or eliminated.

06.Disaster/Emergency Care. Each agency must develop and implement emergency planning and care policies and procedures that include situational and environmental emergencies. The policy and procedure must include an emergency preparedness plan to follow in the event of an emergency.

07.Administrative Records. Each agency must maintain all administrative records, including all written policies and procedures, for at least five (5) years or to the extent necessary to meet any other federal or state requirements. Administrative records must include, at a minimum:

a. Administrative structure must include an organizational chart;

b. Legal authority must be identified in organizational bylaws and other documentation of legal authority of ownership;

c. Fiscal records must verify service delivery prior to request for payment.

08.Personnel. Each agency must develop and implement written personnel policies and procedures. The agency is responsible for the recruitment, hiring, training, supervision, scheduling, and payroll for its employees. Written personnel policies that describe the employee's rights, responsibilities, and agency's expectations must be on file and provided to employees. The record must contain documentation supporting staff qualifications. A record for each employee must be maintained from date of hire for not less than five (5) year(s) after the employee is no longer employed by the agency or as necessary to meet other requirements.

09.Participant Rights. Each agency must develop and implement written policies that include a clear definition of personal, civil, and human rights. Upon initiation of services, the agency must provide each participant and guardian, if applicable, with written and verbal information outlining participant rights. This information must be in easily understood terms. The policy and procedure must include the following rights:

a. Humane care and treatment;

b. Not be put in isolation;

c. Be free of restraints, unless necessary for the safety of that person or for the safety of others;

d. Be free of mental and physical abuse;

e. Voice grievances and recommend changes in policies or services being offered;

f. Have the opportunity to participate in social, religious, and community activities of their choice;

g. Wear their own clothing and retain and use personal possessions;

h. Be informed of their habilitative condition, services available at the agency;

i. Reasonable access to all records concerning himself;

j. Choose or refuse services;

k. Exercise all civil rights, unless limited by prior court order;

l. Privacy and confidentiality;

m. Receive courteous treatment;

n. Receive a response from the agency to any request made within (14) business days;

o. Receive services that enhance the participant's personal competencies and, whenever possible, promote inclusion in the community;

p. Refuse to perform services for the agency. If the participant is hired to perform services for the agency, the wage paid must be consistent with state and federal law;

q. Review the results of the most recent survey conducted by the Department and the accompanying plan of correction;

r. All other rights established by law;

s. Be protected from harm;

t. Choose one's roommate;

u. Reside in the environment or setting that is least restrictive of personal liberties in which appropriate treatment can be provided;

v. Communicate by sealed mail, telephone, or otherwise with persons inside or outside of their residence, to have access to reasonable amounts of letter writing material and postage and to have access to private areas to make telephone calls and receive visitors;

w. Receive visitors at all reasonable times and to associate freely with persons of their own choice;

x. Keep and be allowed to spend a reasonable sum of their own money for personal expenses and small purchases, and have access to individual storage space for their own use; and

y. Unless limited to prior court order, exercise all civil rights, including the right to dispose of property, execute instruments, make purchases, enter into contractual arrangements, and vote.

10.Health. Each agency must develop and implement written policies and procedures that:

a. Define how the agency will train each direct service staff on procedures to follow for communicable diseases or infected skin lesions;

b. Describe how the agency will protect participants from exposure to individuals exhibiting symptoms of illness;

c. Address any special medical or health care needs specific to each participant; and

d. Implement medication standards and requirements in accordance to Section 302 of these rules.

11.Transportation. Each agency must develop and implement transportation policies that include the following:

a. Preventative Maintenance Program. Establish a preventive maintenance program, including vehicle inspections and other regular maintenance, for all agency-owned vehicles used to transport participants to ensure participant safety.

b. Transportation Safety Policy. Develop and implement a written transportation safety policy. The policy must include procedures for ensuring adequate staffing of participants who require additional supervision during transportation to ensure safety of all vehicle occupants.

c. Licenses and Certifications for Drivers and Vehicles. Obtain and maintain licenses and certifications for drivers and vehicles required by public transportation laws, regulations, and ordinances that apply to the agency to conduct business and to operate the types of vehicles used to transport participants. Agencies must maintain documentation of appropriate licensure for all employees who operate vehicles.

d. Applicable Laws, Rules, and Regulations. Adhere to all laws, rules, and regulations applicable to drivers and vehicles of the type used.

e. Liability Insurance. Continuously maintain liability insurance that covers all passengers and meets the minimum liability insurance requirements under Idaho law. If an agency employee transports participants in the employee's personal vehicle, the agency must ensure that adequate liability insurance coverage is carried to cover those circumstances.

12.Quality Assurance. Each agency must develop and implement policies and procedures that describe the Purpose of the Quality Assurance Program that, at minimum, address the components of Section 405 of these rules.

13.Grievance. Each agency must develop and implement policies and procedures that describe the agencies methodology for accepting and responding to grievances presented by participants or their guardians.

Idaho Admin. Code r. 16.04.17.300

Effective March 17, 2022