Mandatory Annual Training
1. WHAT IS A COMPLAINT/GRIEVANCE:
A complaint or concern presented regarding the agency or the care provided by agency staff.
2. WHO MAY VOICE A COMPLAINT/GRIEVANCE:
A client, family member or client representative may voice/present a grievance about the Agency or care/services provided by agency staff.
3. INVESTIGATION ABOUT PRESENTED COMPLAINTS/GRIEVANCES:
Our agency is required to actively investigate any complaint or grievance received. The Agency Director will oversee the investigation process which may include, but not be limited to:
- Interviews with client/family member
- Interviews with staff
- Review of client records
- Review of staff notes, visit reports
- Agency logs/on-call reports
4. NOTIFICATION ABOUT AGENCY GRIEVANCE POLICY/PROCESS:
a. CLIENTS: Upon admission to our Agency, all clients/family members are advised of our Agency Complaint/Grievance policy/process and provided a copy of our agency GRIEVANCE POLICY/Form.
b. STAFF: According to agency policy, upon hire (at orientation) & annually, our Agency provides training/ review with all staff on the client complaint/grievance policy/process.
Individuals never receive any retaliation/discrimination for voicing grievances.
5. QA OVERSIGHT:
Ongoing & as part of our Annual Evaluation, the Agency QA program will review all complaints to determine for trends & improvements
6. REVIEW AGENCY GRIEVANCE POLICY
It is the policy of Milestone Home Care LLC to respond to and investigate each and every complaint/concern presented by a Client/family member with all complaints reviewed quarterly.
Our Agency has an established grievance/complaint protocol for Clients to express concerns/complaints related to the services received. All staff are educated upon hire and ongoing and Clients, on admission and ongoing of the complaint procedure. Our Agency has an established system to record, respond and resolve a participant’s complaint.
1. Our complaint forms will included the following:
a. Name of the participant.
b. Nature of the complaint.
c. Date of the complaint.
d. Provider’s actions to resolve the complaint.
e. Participant’s satisfaction to the resolution of the complaint.
2. Our Agency will:
a. Review our complaint system at least quarterly to:
i. Analyze the number of complaints resolved to the participant’s satisfaction.
ii. Analyze the number of complaints not resolved to the participant’s satisfaction.
iii. Measure the number of complaints referred to the Department for resolution.
b. Develop a QA Plan when the numbers of complaints resolved to a participant’s satisfaction are less than the number of complaints not resolved to a participant’s satisfaction.
c. Submit a copy of the provider’s complaint system procedures to the Department upon request.
d. Submit the information under subsection a. above to the Department upon request.
3. COMPLAINT PROCEDURE:
Grievances will be submitted to the Agency Director or designee who will respond to the complaint within ten (10) days. Notification of the decision within 30 days and establish in writing a 30 day period to affect the resolution/remedy.
The Agency Director shall conduct a complete investigation of the complaint. This investigation will, afford all interested persons an opportunity to submit evidence relevant to the complaint. After which, the Agency Director will present a determination to the Client, which will include information on their right to appeal the decision.
The Governing Body shall issue a written decision in response to the appeal no later than 30 days after its filing.
All Clients/family filing a verbal or written concern/complaint with our Agency shall be free of any discrimination or repercussions due to the filing.
The Agency Director will maintain all files/records of our Agency relating to grievances/complaints. The Client record will also include documentation of the complaint.
Client Grievance ADMISSION FORM
Our Agency is committed to providing excellence in Client service.
We will give full consideration to your issues and make an effort to resolve any issues to your satisfaction.
We will provide you every opportunity to voice grievances without discrimination, fear of reprisal, or any discrimination from our Agency or its employees.
If you have any concerns at all, please:
Tell us: either verbally or in writing, the Agency Director or Supervisor or any staff member you are comfortable with. They will ensure the concern is presented to the Agency Director. If you call after business hours, the Agency Director will be in contact with you the next business day.
The Agency Director will contact you and will help to resolve the complaint/concern to your satisfaction. They will look at all aspects surrounding the grievance, investigation, and resolution.
You will be notified of the Agency Director’s decision within thirty (30) days.
If you are dissatisfied with the outcome of the complaint investigation, you may request that the Agency Director submit an appeal with Our Agency’s Governing Body.
You may also file a concern/complaint with:
PA Home Care Complaint Hotline at 866-826-3644.
The PA Ombudsman office at: 717-651-2001.
You may file a grievance/concern with our Agency at any time without fear of reprisal.
Please contact us at:
AGENCY NAME: ________________________________________________________________
AGENCY DIRECTOR NAME: ______________________________________________________
AGENCY TELEPHONE: ___________________________________________________________
Upon completion of this annual mandatory educational program the participant should be able to:
1. Define critical incidents as found in 55PA. Code 52.3
2. Define Mandatory reporters
3. Reporting of critical incidents
4. Define process of Reporting
5. Define Risk Management
6. Define quality assurance/performance improvement
OFFICE OF LONG TERM LIVING
You will meet many people during your course of work with our agency. It is important that we as caregivers protect the health and welfare of our participants. Our Participants put their faith and trust in us to protect them and not harm them or let others harm them. The Office of Long Term Living(OLTL) in Pennsylvania has established legislation to protect Adults between the ages of 18 and 59 with disabilities or are over the age of 60. Critical Incidents must be reported to the OLTL in a timely fashion so action may be taken to protect and defend adults when in situations which are dangerous and inappropriate. Anyone regardless who commits or causes in injustice to the participant regardless of employment or not with the agency must be reported to the OLTL. Every participant in our agency is guaranteed that are staff will not cause mental, physical abuse, neglect or exploitation of any kind to the participant.
An occurrence of an event that jeopardizes the participant’s health or welfare including:
1. Death, serious injury or hospitalization of a participant. Pre-planned hospitalizations are not critical incidents.
2. Provider and staff member misconduct including deliberate, willful, unlawful or dishonest activities.
3. Abuse, including the infliction of injury, unreasonable confinement, intimidation, punishment or mental anguish, of the participant. Abuse includes the following:
(A) Physical abuse.
(B) Psychological abuse.
(C) Sexual abuse.
(D) Verbal abuse.
4. Service interruption, which is an event that results in the participant’s inability to receive services and that places the participant’s health or welfare at risk.
5. Medication errors that result in hospitalization, an emergency room visit or other medical intervention.(OLTL, 2015)
Physical Abuse- is any intentional and unwanted contact with you or something close to your body. Examples of physical abuse include: Scratching, punching, biting, strangling or kicking.
Psychological Abuse- (also referred to as psychological violence, emotional abuse or mental abuse) is a form of abuse, characterized by a person subjecting, or exposing, another person to behavior that may result in psychological trauma, including anxiety, chronic depression, or post-traumatic stress disorder.
Sexual Abuse – also referred to as molestation, is usually undesired sexual behavior by one person upon another. When force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser. The term also covers any behavior by an adult or older adolescent towards a child to stimulate any of the involved sexually. The use of a child, or other individuals younger than the age of consent, for sexual stimulation is referred to as child sexual abuse or statutory rape
Verbal Abuse- is described as a negative defining statement told to the victim or about the victim, or by withholding any response, thereby defining the target as non-existent. (Bullying)
Neglect- a form of abuse where the perpetrator is responsible for caring for someone who is unable to care for himself or herself but fails to do so.
Neglect may include the failure to provide sufficient supervision, nourishment, or medical care, or the failure to fulfill other needs for which the victim cannot provide themselves. The term is also applied when necessary care is withheld by those responsible for providing it from animals, plants, and even inanimate objects. Neglect can carry on in a child’s life falling into many long-term side effects such as: physical injuries, low self- esteem attention disorders, violent behavior, and can even cause death.
Restraint- any physical, chemical or mechanical intervention that is used to control acute, episodic behavior that restricts the movement or function of the individual or a portion of the individual’s body. Use of restraints and seclusion are both: restrictive interventions, are actions or procedures that limit an individual’s movement, a person’s access to other individuals, locations, or activities, or restricts the participant’s rights.
Exploitation –means the illegal or improper use of an incapacitated or dependent adult or that adult’s resources for another’s profit or advantage
Service Interruption- an event that results in the participant’s inability to receive services and that places the participant’s health or welfare at risk. This includes involuntary termination by the agency and failure of the participant’s back up plan. If these events occur, the agency must have a backup plan for temporary stabilization.
Mandated reporters are people who have regular contact with vulnerable people such as disabled persons, and senior citizens, and are therefore legally required to ensure a report is made when abuse is observed or suspected. 55PA. Code 52.3 requires that all Service Coordinators and providers are mandatory reporters under the law.
Service Coordinators -A staff member who provides service coordination services
Everyone regardless of their role in the agency is considered a mandatory reporter. If any critical incident as described prior is discovered by any staff member it should be reported immediately to the Service Coordinator or Designee.
All Service Coordinators and provides (agencies) are required to report critical incidents. Before reporting the incident, measures must be taken immediately to protect the participant.
1. Safeguard the health and welfare of the participant (Call 911 if determined to be needed)
2. Contact the Service Coordinator (agency office to report)
3. Service Coordinator or agency will Contact Adult Protective Services (aged 18-59) 1-800-490-8505, Older Adult Protective Services (over 60 years of age) 1-800-254-5164
4. within 48 hours, the Service Coordinator or agency that discovers or has independent knowledge of the critical incident is to submit a critical incident report to the Office of Long term living.
5. If the incident occurs over the weekend, a written report must be entered the first business day after the incident occurred.
6. Incidents are to be entered Enterprise Incident Management (EIM) (if participant 18-59) or Social Assistance Management (SAMS) (if participant is 60 or older) or through the RA-Incident@pa.gov (if the participant is age 60 or older and the incident is being submitted by the agency)
All critical incidents must be documented as specified below and initial reports must include the following:
· report information
· Participant demographics
· OLTL program information
· event details and type
· description of the incident
· actions taken to immediately secure the participant’s well-being
Attendant care, COMMCARE, Independence and OBRA waivers and the ACT 150 program are required to report incidents using: EIM (OLTL’s Incident management system) and must ensure staff have been trained and available to report incidents in the time frame required (48 hours of the conclusion of the critical incident investigation)
Aging waiver- must fill out critical incident reporting form and submit via email to RA-Incident@pa.gov use the SAMS system
The Agency must inform the participant’s Service Coordinator within 24 hours of an incident. If the participant needs immediate intervention, providers must immediately contact the Service Coordinator if 911 is not called
OLTL may require additional information after review of the incident from the Service Coordinator or agency.
Notice to the Participant
1. Agency staff that discovered or first became aware of the critical incident is to notify the participant (and representative if requested by the participant) that a critical incident report has been filed.
2. A copy of the notice need to be provided to the participant within 24 hours. It must be understandable and language appropriate accessible format).
3. If the participant’s representative is suspected to be involved in the critical incident, the representative should not be notified.
4. Within 48 hours of the conclusion of the critical incident investigation, the Service Coordinator must inform the participant of the resolution and measures implemented to prevent recurrence.
5. Participant has the right to provide input into the resolution and measures implemented to prevent recurrence of the critical incident.
6. If the representative of the participant is not suspected to be involved in the critical incident, the participant may request the representative be informed upon discover and conclusion – this must be documented in the critical incident report. All information must be provided in an understandable and appropriate language accessible format
1. Participant has right to not report incidents
2. Participant has right to decline further investigation
3. Participants also have the right to refuse involvement in the critical incident investigation.
4. Participant has a right to have an advocate present during any interviews and/or investigations resulting from a critical incident report.
5. If the participant chooses not to report an incident or declines further intervention, the critical incident must still be reported and the Service Coordinator must investigate the incident.
6. Documentation is to be kept indicating that the participant did not wish to report the incident or declined interventions.
7. If the incident involves potential danger to the participant, the Service Coordinator needs to inform the participant that they are a mandated reporter and are required by law to report and submit the incident to protective services.
8. The participant must also be informed by the Service Coordinator that their services may be jeopardized if they are putting themselves or others at risk.
Investigation of Critical Incidents
1. Service Coordinators are responsible for investing reports of critical incidents that they discover or have independent knowledge of, as well as incidents submitted to them by providers.
2. If the critical incident involved the Service Coordinator or Service Coordination Entity (SCE), the SC or SCE should not investigate and should turn the investigation over to OLTL immediately.
Types of Investigations
1.Onsite- conducted for fact finding
o sequence of events
o Interview of witnesses
o Observation of the participant and/or environment if needed
o If patient hospitalized the SC is to meet with hospital social workers and the attending physician to ensure hospital staff are aware of the incident to ensure a safe disposition.
o . If the incident is medically involved, it is recommended that a nurse or the nurse consultant accompany the SC.
2. Telephone Investigation-
o review of incident report reveals facts are missing
o . additional information is required
Incident Report Qualifications
1. fact and sequences of events is outlined with sufficient detail;
2. preventative action through the service plan is either not required or is implemented and documented;
3. the participant is not placed at any additional risk.
EIM OR SAMS (OLTL REPORTING SYSTEMS)
https://www.hhsapps.state.pa.us/eim/ Need to get access prior to having to use(EIM)
https://agenet.state.pa.us/vpn/index.html. Need to get access prior to having to sue (SAMS)
1. When the investigation is completed, the SC must enter the following information into EIM or SAMS within 30 calendar days of the discovery of the incident:
· Actions taken to secure the health and safety of the participant
· Changes made to the individual service plan as a result of the incident
· Measures taken to prevent or mitigate recurrence of the critical incident
2. If the SC is unable to conclude the initial investigation within 30 days, the SC is to request an extension from OLTL through EIM
3. All information of an alleged incident involving a participant is considered confidential
4. In the care of suspected abuse, neglect, and exploitation, SC’s are expected to ensure for the health and welfare of participants and to cooperate with protective service investigators.
EMPLOYEE REMOVAL OR SUSPENSION
1. The agency will remove any agency and/or participant-directed employee until an investigation has been completed.
2. The employee is to have no contact with the participant
3. The employee will be suspended until the investigation is completed
4. Based on the circumstances the employee suspended may or not may be paid based upon the alleged incident and employment policies of the agency.
5. If the employee works for a participant-directed employer, the employee is required to be suspended without pay and the participant’s back up plan put into place.
1. temporary transfer to agency model of service delivery
2. placement of additional skilled services i.e. nursing services
These will occur until the investigation is concluded.
Prevention of Abuse and Exploitation of Participants
It is our responsibility as an agency to look out for and to help those in our communities who are elderly or have disabilities. After all, it’s everyone’s business to stop adult abuse, neglect, and exploitation.
1. If it isn’t your money than it is a crime to have the participant’s money in any format: check, cash, credit card, and bank accounts. Financial exploitation is illegal or improper use of another person’s money or property for personal profit or gain. Financial exploitation of adults who are elderly or disabled is an increasing problem and protecting them from becoming victims is everyone’s business.
2. Look for physical signs of abuse:
· Injury that has not been cared for properly
· Injury that is inconsistent with explanation for its cause
· Pain from touching
· Cuts, puncture wounds, burns, bruises, and welts
· Dehydration or malnutrition without illness-related cause
· Poor Coloration
· Sunken eyes of cheeks
· Inappropriate administration of medication
· Soiled clothing or bed
· Frequent use of hospital or health care/doctor shopping
· Lack of necessities such as food, water, or utilities
· Lack of personal effects, pleasant living environment, personal items
· Forced Isolation
3. Look for behavioral signs of abuse:
· Anxiety, agitation
· Isolation, withdrawal
· Non-responsiveness, resignation, ambivalence
· Contradictory statements, implausible stories
· Hesitation to talk openly
· Confusion or disorientation
4. Look for Caregiver signs of abuse:
· Prevents elders form speaking to or seeing visitors
· Anger, indifference, aggressive behavior toward elder
· History of substance abuse, mental illness, criminal behavior, or family violence
· Lack of affection toward the elder
· Flirtation or coyness as possible indicator of inappropriate sexual relationship
· Conflicting accounts of incidents
· Withholds affection
5. Signs of financial abuse
· Sudden changes in bank account or banking practice
· Unexplained withdrawal of a lot of money by a person accompanying the victim
· Adding additional names on a bank signature card.
· Unapproved withdrawal of fund using an ATM card
· Sudden changes in a will or other financial documents
· Unexplained missing funds or valuables
· Providing substandard care
· Unpaid bills despite having enough money
· Forged signature for financial transactions or for the titles of property
· Sudden appearance of previously uninvolved relatives claiming their rights to a person’s affairs and possessions
· Unexplained sudden transfer of assets
· Providing unnecessary services
· Complaints of financial exploitation
If you suspect abuse or you have seen any of the following, please contact the service coordinator as soon as possible or your supervisor so investigation may begin. You may have just saved someone’s life.
Critical Incident Reporting: Participants
It is the policy of our Agency to provide accurate and timely documentation of unusual occurrences, accidents, and incidents, to:
a. Review and evaluate episodes which are disruptive of our Agency.
b. Examine the conditions which jeopardize the safety of Consumers/employees.
c. Determine which incidents require fact finding.
Any employee who witnesses or is involved in a situation that is inconsistent with the mission of our Agency is required to file an incident report. Accidents, incidents and unusual occurrences are reported immediately to the supervisor and are followed by a written report within 24 hours of occurrence. Complete all sections of the incident report form.
a. The person with the most knowledge about the incident is the one who
completes the form.
b. When referring to other employees, use their initials and title.
c. When referring to participants, use their initials and participant record number.
d. Only document the facts, what is seen or heard, etc., avoid assumptions and
judgments. Keep statement objective.
e. Use direct quotes when possible.
f. Identify witnesses, if a witness was present when the event
occurred) or, if there is no witness state: “None”.
g. Notify the Agency Service Coordinator
TYPES OF ACCIDENTS, INCIDENTS, UNUSUAL OCCURRENCES:
Reportable Incidents and Focused Occurrences
a. death, serious injury, unexpected hospitalization of a participant
b. employee misconduct including deliberate, willful, lawful, or dishonest activities
c. abuse- infliction of injury unreasonable confinement, intimidation, punishment, or mental anguish, of the participant, physical abuse, psychological abuse, sexual abuse, verbal abuse, neglect, exploitation, service interruption, medication errors that result in hospitalization, an emergency room visit or other medical intervention
PARTICIPANT ABUSE, NEGLECT, MISTREATMENT IS A MANDATORY REPORTABLE EVENT!
ALL EMPLOYEES ARE MANDATED REPORTERS TO THE AGENCY
PARTICIPANT COMPLAINT RESOLUTION
Any complaint filed by the Participant will be investigated and resolved within 48-72 hours. The Participant will be notified of the outcome of the investigation and changes to be made if any needed. All complaints will be documented on complaint log and discussed at the next quarterly QA meeting.
Complaints- dissatisfaction with program operations, activities, or services received, or not received.
Critical Incidents are not complaints, program fraud or financial abuse
Program Fraud- claims submitted for services or supplies that were not provided, excessive charges for services and supplies
If the complaint is one of critical incident status, then the procedure will be followed as set forth by the OLTL 55 Pa. Code 52
DEPARTMENT-ISSUED POLICIES AND PROCEDURES
The following information is available at your request as an employee regarding the reporting of Critical Incidents at any time during your employment. Critical Incident reporting in-servicing is mandatory for all employees yearly and at date of hire. The following policies and procedures are to be reviewed as needed and yearly:
1. The purpose of the Office of Long Term Living
2. Definition of Critical Incidents
3. Definition of physical abuse, psychological abuse, sexual abuse, verbal abuse, neglect, exploitation, and restraint.
4. Mandatory reporting
5. Mandatory reporters
7. Investigation of critical incidents
8. Employee removal or suspension
9. Protective services
10. Risk Mitigation
11. Quality Management plan
12. Department-Issued policies and procedures
A means of dealing with risk liability stemming from an agency’s operations. This portion of the PI/QA program identifies:
1. areas of exposure risking injury to participants
2. means of avoiding “risk type” of injury to participant- utilization of
3. Critical Incident reports
4. avoiding malpractice claims
5. Improving the quality of care given to participants
6. All recommendations which are generated through our PI/QA program are recorded in the minutes of the meetings.
7. The PI/QA committee analyzes and assesses the effectiveness of the committee credentials to improve the agencies performance.
QUALITY MANAGEMENT PLAN
Policy: Our agency believes in fostering ongoing improvement of the organization’s performance through performance improvement quality assurance (PI/QA) program. It is the policy of the agency to have in place a program to measure performance and quality of service delivery.
The agency believes that performance improvement/quality assurance is designed to determine the quality of care homecare participants receive, utilizing methods of evaluating these services provided by the professional staff. Quality is defined and measured in terms of participant outcomes. This agency believes every participant is entitled to optimum healthcare and its’ employees should be motivated toward achieving such care. Employee motivation is nurtured by management staff supportive of excellence, fiscal accountability and positive change. Committees monitor, trend and manage outcomes in the PI/QA program:
1. PI/QA Committee
1. Corporate compliance/Ethics
2. Office Management Committee (safety/customer feedback)
Committees will meet quarterly to review information gathered, discuss
To assure all available resources are used to provide each participant the best care possible. To evaluate participant care in terms of outcomes, identify any deficits in care, correct deficits with appropriate actions, and evaluate the effect of the correct action.
1. To monitor and evaluate the quality of participant care, delivered at optimal level and in a safe manner.
2. To develop and utilize standards to monitor and evaluate professional practice and agency service to participants.
3. To utilize the participant record as a source of information reviewing 10% of the records of the overall caseload (active and discharged) to identify the quality of participant care; identify deficits in care, set up of corrective action and evaluate the effectiveness of these corrective actions.
4. To design a method of problem identification, assessment, solution and evaluation of corrective action.
5. To develop a system of documenting quality assurance activities as well as documenting the results of these activities and submitting these results to the appropriate person/committee.
6. To provide a method of identifying and the integration of risk management utilization review and other activities as a means of providing comprehensive PI/QA program.
All staff members of the Agency are committed to the Agency’s PI/QA program. This program focuses on monitoring and evaluating all activities, functions, and standards relating to participant care, education, and administration of participant/service outcomes.
Quarterly summaries of all activities including record reviews will be reported to PI/QA committee by all subcommittees.
Summary reports will be presented to the PI/QA Committee. Recommendation by this committee will be made to the administrator and Governing body for review.
1. will be held the first of the month at the beginning of each quarter
2. Critical Incidents will be reviewed
3. Feedback regarding any possible suggestions for improvement or interventions for the prevention of critical incidents in the future.
4. Documentation of all outcomes from this meeting will be kept in a binder.
Critical Incidents are not complaints, which are dissatisfaction with the agency program operations, activities or services received, nor not received. Critical incidents are NOT program fraud and financial abuse. Critical Incidents are occurrences of an event that jeopardizes the participant’s health or welfare: death, serious injury, abuse, sexual abuse, verbal abuse, neglect, exploitation, service interruption, and medication errors that result in hospitalization. Critical Incidents are serious infractions that must be reported immediately to the service coordinator. All employees are considered mandatory reporters of critical incidents. An investigation will occur and while the investigation is occurring the employee maybe removed or suspended until the completion of the investigation. Policies and Procedures have been created for reporting, investigating, and prevention of these critical Incidents. If ever there is a question of a critical incident, please contact the service coordinator immediately no matter what time of day. We are all here to protect and defend our participants. Our participants put their faith and trust in us every day to look out for their well-being.
Pennsylvania Department of Human Services- Office of Long Term Living Bulletin (4/16/2015)
Assist clients with ambulation.
Assist clients with bathing. Home services workers may assist individuals who are unable to be bathed in a tub or shower only when the following requirements are met:
- The home services worker shall have been trained in the particular methods required to perform a bed bath;
- The client or client’s representative shall be able to participate in or direct the bathing process and provide ongoing feedback to the home services worker; and
- The agency shall have conducted a competency evaluation of the home services worker’s ability to employ the methods required to perform a bed bath.
If services include use of the client’s personal funds:
The Agency will obtain an authorization from the client/responsible party, for access to personal funds when grocery or other shopping services are to be provided and when those services include assistance with bill paying or any activities, such as shopping, that involve access to or use of client funds.