216-40-10 R.I. Code R. § 10.9

Current through June 12, 2024

Section 216-RICR-40-10-10.9 - Operational Requirements/Organization and Management

10.9.1Governing Body

A. Each nursing service agency shall have an organized governing body or equivalent legal authority ultimately responsible for:

1. The management and operation of the agency including fiscal management;

2. Assuring employees are appropriately credentialed, including a mechanism to verify currency of licensure electronically via the licensing agency's licensure database;

3. Appropriate placement of qualified personnel (employees) and delineation of provisions for supervision;

4. A mechanism to resolve client complaints or other difficulties;

5. Acquiring and maintaining employee bonding insurance (theft and damage) (a minimum amount of $10,000.00 per loss) and liability insurance (a minimum amount of $500,000.00 per occurrence); and

6. Assuring compliance with all applicable state and federal statutory and regulatory provisions thereof, including the rules and regulations of this Part.

B. The governing body or equivalent legal authority shall:

1. Establish policies delineating administrative responsibilities for the operation and management of the agency;

2. Provide an appropriate mechanism for the selection, screening of personnel (employees) credentials, and placement of personnel (employees);

3. Ensure that nursing assistants rendering services to clients are supervised by professional (registered) nurses in accordance with R.I. Gen. Laws Chapter 23-17.9;

4. Provide photo identification for each employee in accordance with §10.9.3(A)(2) of this Part; and

5. Designate in writing the person responsible for the management and operation of the agency and services in the absence of the administrator.

C. Uniform Reporting System

1. Each nursing service agency shall establish and maintain records and data in such a manner as to make uniform a system of periodic reporting. The manner in which the requirements of this Part may be met shall be prescribed from time to time in directives promulgated by the Director.

2. Each nursing service agency shall report to the licensing agency detailed statistical data pertaining to its operation and services. Such reports and data shall be made at such intervals and by such dates as determined by the Director.

3. The licensing agency is authorized to make the reported data available to any state or federal agency concerned with or exercising jurisdiction over the nursing service agency.

4. The directives promulgated by the Director pursuant to this Part shall be sent to each nursing service agency to which they apply. Such directives shall prescribe the form and manner in which the statistical data required shall be furnished to the licensing agency.

10.9.2Administrative Management

A. The designated person responsible for the management and operation of the agency shall furthermore be responsible for no less than the following:

1. The implementation of agency policies and procedures pertaining to the administration and operation of the agency, the hiring and placement of personnel (employees), and the implementation of appropriate state and federal statutory and regulatory requirements including the regulatory provisions of this Part;

2. The selection of employees, documentation and verification of current certification, licensing and/or licensure of employees as may be required by law;

3. The maintenance of administrative and personnel (employee) records and files;

4. Policies and procedures pertaining to patient care;

5. Assuring that employees wear their photo identification during working hours;

6. Provisions to assure that appropriate supervision is provided to nursing assistants;

7. The establishment of a mechanism for the recording and follow-up of all complaints;

8. An operational twenty-four (24) hour on-call system; appropriate agency staff must be accessible by pager or phone; and

9. Such other matters as may be relevant to the organization and operation of the agency.

10.9.3Personnel

A. Each nursing service agency shall establish personnel policies and procedures which shall be made available to each employee.

1. Such policies and procedures shall include provisions pertaining to conditions for employment, selection, credentials and placement of employees, supervision as may be required, reporting to clients, reporting to the nursing service agency, employee evaluation, and such other provisions as deemed necessary.

a. An evaluation of employee performance shall be performed annually for each employee and shall be reviewed with and signed by the employee within forty- five (45) days of the evaluation.

2. As a condition of employment, the nursing service agency shall require employees to wear a photo identification at all times while the employee is working. Such photo identification shall be provided to the employee by the agency prior to placement and shall include a recent photograph of the employee, his or her name, certificate, licensing or license number with expiration date and the name of the nursing service agency.

3. There shall be a job description for each classification of position which delineates qualifications, duties, authority and responsibilities inherent in each position.

4. An in-service educational program for direct patient care personnel shall be provided on an ongoing basis which shall include orientation for new personnel and periodic programs (three (3) hours quarterly (i.e., January, April, July, October) minimum) for the continued improvement and development of skills of direct care personnel.

B. Personnel files shall be maintained for each employee and shall be available at all times for inspection by the licensing agency. Such files shall be available at all times for inspection and shall include no less than the following:

1. Resume or application form that includes qualifications for employment, completion of required training and educational programs, and previous employment;

2. Evidence of current licensing, certification or licensure of personnel (employees) as may be required by law;

3. Records of required health examination which shall be kept confidential and in accordance with provisions of §10.9.3(C) of this Part;

4. Documentation of complaints and follow-up;

5. Findings of a criminal records check;

6. Employee orientation, evaluation (90-day and annual) and documentation of in-service education; and

7. Such other matters as may be relevant to the organization and operation of the agency.

C. Health Requirements

1. Upon hire and prior to delivering services, a pre-employment health screening shall be required for each individual who has or may have direct patient contact. Such health screening shall be conducted in accordance with Part 20-15-7 of this Title.

D. Criminal Records Check

1. Criminal records checks will be conducted pursuant to R.I. Gen. Laws §23-17.7.1-17.2. The Nursing service agency employer is responsible for following the requirements for disqualifying information pursuant to R.I. Gen. Laws §23- 17.7.1 -20.

10.9.4Administrative Records and Reports

A. Each nursing service agency shall maintain appropriate administrative records documenting administrative management of the operation, including but not limited to charter of incorporation, by-laws or administrative policies approved by the governing body or equivalent legal authority, and fiscal records. In addition, the following administrative records/reports shall be maintained and kept current:

1. Contract(s) and/or agreements entered into with other agency(ies);

2. Personnel file and folder for each employee; which includes documented evidence of credentials and other appropriate data, including documentation of orientation, and quarterly in-service education, records of completion of required training and educational programs;

3. Documentary evidence of bonding and liability insurance;

4. Evidence of compliance with all U.S. Occupational Safety and Health Administration (OSHA) requirements;

5. Payroll records; and

6. Such other administrative and personnel records as deemed necessary and appropriate for the operation of the agency.

10.9.5Contractual Agreements

A. When contractual agreements or arrangements are entered into with another agency, such contract must be signed by the parties involved and shall include no less than the following terms:

1. Identification of the services requested and type(s) of personnel (employees);

2. Compliance with contracting agency personnel (employee) policies which includes assurance that the photo identification be worn on the employee's person at all times while the employee is working;

3. Provisions for employee supervision;

4. A mechanism to resolve client complaints or other difficulties;

5. Fiscal arrangements;

6. Duration and severability provisions; and

7. Such other provisions as are mutually acceptable to parties involved.

10.9.6Confidentiality

Each nursing service agency and all persons employed by the service agency must comply with all applicable federal and state laws and regulations regarding confidentiality of patient information including but not limited to the provisions of R.I. Gen. Laws Chapter 5-37.3.

10.9.7Reporting of Patient Abuse/Neglect

Reporting of patient abuse/neglect shall be pursuant to R.I. Gen. Laws § 23-17.8-2.

216 R.I. Code R. § 216-RICR-40-10-10.9