N.H. Admin. Code § He-P 822.14

Current through Register No. 36, September 5, 2024

Section He-P 822.14 - Duties and Responsibilities of All Licensees

(a) The licensee shall comply with all federal, state, and local laws, rules, codes, and ordinances, including RSA 161-F:49, and rules promulgated thereunder, as applicable.

(b) The licensee shall have written policies and procedures to include:

(1) The rights and responsibilities of admitted clients in accordance with the "Home Care Clients' Bill of Rights" under RSA 151:21-b;

(2) The policies described in He-P 822; and

(3) A policy that ensures the safety of all persons present on the licensed premises where firearms are permitted.

(c) The licensee shall define, in writing, the scope and type of services to be provided by the HCSPA.

(d) The licensee shall develop and implement written policies and procedures governing the operation and all services provided by the HCSPA and for:

(1) Reviewing the policies and procedures every 2 years; and

(2) Revising them as needed.

(e) The licensee shall assess and monitor the quality of service provided to clients on an ongoing basis.

(f) The licensee or personnel shall not falsify any documentation or provide false or misleading information to the department.

(g) The licensee shall not advertise or otherwise represent the HCSPA as providing services that it is not licensed to provide, pursuant to RSA 151:2, III.

(h) The licensee shall comply with all conditions of warnings and administrative remedies issued by the department, and all court orders.

(i) Licensees shall:

(1) Manage and operate the HCSPA;

(2) Meet the needs, as determined by the care plan, of the client during those hours that the HCSPA personnel is in the client's home;

(3) Initiate action to maintain the HCSPA in full compliance at all times with all relevant health and safety requirements contained in applicable federal, state, and local laws, rules, regulations, and ordinances;

(4) Establish, in writing, a chain of command that sets forth the line of authority for the operation of the HCSPA;

(5) Appoint an administrator;

(6) Verify the qualifications of all personnel;

(7) Accept new clients based upon the availability of personnel to meet the clients requested service needs; and

(8) Implement any POC that has been accepted or issued by the department.

(j) The licensee shall consider all clients to be competent and capable of making all decisions relative to their own service needs unless the client:

(1) Has a guardian or conservator appointed by a court of competent jurisdiction; or

(2) Has a durable power of attorney for health care that has been activated in accordance with RSA 137-J or a surrogate decision-maker in accordance with RSA 137-J:35.

(k) The licensee shall only accept a client whose needs can be met through the program and services offered under the current license.

(l) If the licensee accepts a client who is known to have a disease reportable under He-P 301 or an infectious disease,, the licensee shall follow the required procedures and personnel training for the care of the clients, as specified by the United States Centers for Disease Control and Prevention "2007 Guideline for Isolation Precautions: Preventing Transmission of Infectious Agents in Healthcare Settings" (June 2007 edition), available as noted in Appendix A.

(m) The licensee shall report all positive tuberculosis test results for personnel to the office of disease control in accordance with RSA 141-C:7, He-P 301.02, and He-P 301.03.

(n) The licensee shall post the following documents in a public area:

(1) The license and current license certificate issued in accordance with RSA 151:2;

(2) All inspection reports for the last 12 months issued in accordance with He-P 822.09(d) and He-P 822.11(d) (1) ;

(3) A copy of the "Home Care Clients' Bill of Rights" specified by RSA 151:21-b;

(4) A copy of the licensee's policies and procedures relative to the implementation of client rights and responsibilities;

(5) A copy of the licensee's complaint procedure, including a statement that complaints may be submitted, in writing, to the;

Department of Health and Human Services,

Office of Legal and Regulatory Services

Health Facilities Administration,

129 Pleasant Street,

Concord, NH 03301 or by calling 1-800-852-3345; and

(6) The licensee's plan for fire safety, evacuation, and emergencies, identifying the location of, and access to all fire exits.

(o) For reportable incidents, the licensees shall:

(1) Complete an investigation to determine if abuse or neglect could have been a contributing factor to the incident;

(2) Fax to 271-4968 or, if a fax machine is not available, electronically via webmail at https://www.dhhs.nh.gov/oos/bhfa/contact.htm and click on the e-mail link, convey by electronic or regular mail, the following information to the department within 48 business hours of a reportable incident:

a. The HCSPA name;

b. A description of the incident, including identification of injuries, if applicable;

c. The name of the licensee(s) or personnel involved in, witnessing, or responding to the reportable incident;

d. The name of the client involved and the name of any witnesses to the reportable incident;

e. The date and time of the reportable incident;

f. The action taken in direct response to the reportable incident, including any follow-up;

g. If medical intervention was required, by whom and the date and time;

h. Whether the client's guardian, agent, or personal representative, if any, was notified;

i. The signature of the person reporting the reportable incident; and

j. The date and time the client's licensed practitioner was notified;

(3) Notify the department with a written report within 5 business days describing the actions taken by personnel, the final outcome or continuation of the reportable incident, and actions taken to prevent a reoccurrence if it was not submitted in the initial report;

(4) Contact the department immediately by telephone, fax, or e-mail to report the information required by (1) above in the case of the death of any client who dies within 10 days of a reportable incident;

(5) Provide the information required by (3) above in writing within 72 hours of the unexpected death of any client or the death of any client who dies within 10 business days of a reportable incident if the initial contact was made by telephone or if additional information becomes available subsequent to the time the initial contact was made; and

(6) Submit any further information requested by the department.

(p) The licensee shall admit and allow any department representative to inspect the HCSPA and all programs and services that are being provided at any time for the purpose of determining compliance with RSA 151 and He-P 822 as authorized by RSA 151:6 and RSA 151:6-a.

(q) The licensee shall, upon request, provide a client or their guardian or agent or surrogate decision-maker, if applicable, with a copy of his or her client record, pursuant to the provisions of RSA 151:21, X.

(r) All records required for licensing shall be legible, current, accurate, and be made available to the department during an inspection or investigation conducted in accordance with RSA 151:6 and RSA 151:6-a.

(s) Any licensee that maintains electronic records shall develop a system with written policies and procedures to protect the privacy of clients and personnel that, at a minimum, include:

(1) Procedures for backing up files to prevent loss of data;

(2) Safeguards for maintaining the confidentiality of information pertaining to clients and personnel; and

(3) Systems to prevent tampering with information pertaining to clients and personnel.

(t) At the time of admission the licensee shall give a client and their guardian, agent, or surrogate decision-maker, if applicable, a listing of all applicable HCSPA charges and identify what care and services are included in the charge.

(u) The licensee shall give the client a written notice at least 30 days before any increase is imposed in the cost or fees, for any HCSPA services, except for clients receiving Medicaid whose financial liability is determined by the state's standard of need, or clients funded by the department's Choices for Independence program in accordance with He-E 801 and which limitation shall only pertain to costs and fees under the direction of these programs.

N.H. Admin. Code § He-P 822.14

#9522, eff 7-25-09

Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12702, Effective 1/3/2019, Expires 1/3/2029.