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Nov 2008
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Is Your Personal Care Agency Licensed?
The Nevada State Health Division, Bureau of Health Care Quality and Compliance, earlier this year adopted regulations requiring Agencies that Provide Personal Care Services in the Home to be licensed. Previously, agencies that hired employees or contractors paid to provide nonmedical care in the home did not have to be licensed and therefore were not subject to state oversight.
Under the new regulations, adopted by the Nevada Legislature, the bureau has established procedures and criteria for administrators to operate, along with proof of liability coverage, compliance with state statutes, background checks of attendants, licensing, and renewal fees to practice as an Agency for Personal Care Services in the Home. The rules for the first time, require agencies develop and implement documented policies regarding client care or termination of services, as well as oversight to prevent abuse or neglect. Significant to the rules is the fact that clients receiving care can now report incidents, grievances and complaints to the agency administrator, and those complaints may be investigated by the bureau.
Tammy Sisson, Lend-A-Hand Senior Services, received her Personal Care Agency license from the state. Sisson says regulatory oversight is good for seniors.
Additionally, the regulations require an agency to establish a service plan of the needs of a client, requires attendants and staff to undergo background checks to be submitted to the Central Repository for Nevada Records of Criminal History, and to undergo initial training with demonstrated ability before providing personal care followed by periodic evaluations. The repository will determine whether the applicant has been convicted of a crime.
To date, a handful of agencies have gone through the licensing procedure designed to protect the aged and disabled, and adopted by the State Board of Health on January 30, 2008. Administrator, Tammy Sisson, of Lend-A-Hand Senior Services, recently received her license. She says the bureau conducts a survey, and goes through agency and client files making sure every regulation and operating procedure is met.
“It's quite extensive; it's not an easy thing,” she said. “If you hire someone, within ten days they have to be fingerprinted. There is no grandfathering in of existing agencies; every company in the state has to go through the same procedure,” she said. The new regulations evolved over two legislative sessions to develop standards of care and oversight to protect the state's most vulnerable. There are currently 23 such agencies providing non-medical home care in the Reno area. Each has until December 31, 2008 to apply for a license, pay an initial fee of $1,374 with annual renewal of $687.
Patti Chambers, of the bureau, says agencies that do not make an application will be referred to the deputy attorney general for legal action operating as an unlicensed PCA agency.
Many of the agencies are said to be fighting the new regulations because of the costs involved to adhere to the new procedures.
“To me it's about standard of care. It's in our best interest to keep our company clean. It has raised the bar,” Sisson said.
Unlike PCA providers, Intermediary Service Organizations (ISO) must obtain certification from the Office of Disability Services. ISO clients hire employees or contractors and self-direct their own care, acting as the “managing employer” of their caregiver(s).