N.H. Admin. Code § He-P 601.11

Current through Register No. 50, December 12, 2024

Section He-P 601.11 - Personnel Requirements

(a) OQAs shall employ the following:

(1) An executive director;

(2) A director of personal care services;

(3) Professional staff adequate to provide consumer-directed programs and guidance to individuals receiving personal care services; and

(4) Personal care service workers.

(b) The executive director and director of personal care services shall:

(1) Be at least 21 years of age; and

(2) Be able to demonstrate knowledge regarding the philosophy and application of consumer-direction to personal care services.

(c) If the OQA has a change in its executive director, the OQA shall notify the department in writing of the change no later than 90 days after the employment start date of the new executive director.

(d) The new executive director shall meet the requirements in (b) above.

(e) Each staff member or personal care service worker shall:

(1) Be at least 17 years of age;

(2) Be found by the OQA executive director or his or her designee to have the knowledge and skills necessary to successfully perform the tasks necessary to meet the needs of the individual receiving services.

(f) For all new hires prior to employment, the OQA shall:

(1) Verify the person's qualifications; and

(2) Verify that the person is not listed on the BEAS state registry pursuant to RSA 161-F:49 or does not have a finding of abuse, neglect, or exploitation following a similar investigation conducted by another state.

(g) For potential employees whose scope of employment will include the provision of services in an individual's home or otherwise involves direct contact with an individual, the following shall apply:

(1) The OQA shall obtain and review a criminal conviction record check in accordance with RSA 161-:6-aI; and

(2) Without a waiver granted in accordance with He-P 601.16 the OQA shall not make a final offer of employment if the person has been convicted of a felony.

(h) Waivers of (g)(2) above shall be effective for the length of the person's employment, unless additional convictions occur.

(i) For employees hired prior to the 2020 effective date of these rules who have a conviction described in (g)(2), the OQA shall submit waiver requests in accordance with He-P 601.16 no later than the expiration date of the OQA's current certification.

(j) For personal care service workers with a misdemeanor conviction, prior to the initiation of services to each individual served, the OQA shall:

(1) Disclose to the individual or his or her representative the personal care service worker's conviction and discuss the impact of the individual's selection on the provision of services, including the following:

a. Whether or not the conviction poses a threat to the health and safety of the individual;

b. What safeguards will be in place to maintain the health and safety of the individual, if the personal care service worker were to provide services; and

c. Whether or not the individual consents to the personal care service worker providing services, after being so informed; and

(2) Maintain the following in the service record:

a. Documentation of the date on which the conviction was discussed with the individual or his or her representative as described in (1) above;

b. The steps taken to implement the safeguards described in (1)b. above; and

c. A signed statement from the individual indicating that he or she has been informed of the conviction as describe in (1) above and consents to the personal care service worker providing services.

(k) All personnel shall sign separate statements indicating whether or not that they:

(1) Have had a felony conviction in this or any other state;

(2) Have been convicted of a sexual assault, other violent crime, assault, fraud, abuse, neglect, or exploitation, or pose a threat to the health, safety, or well-being of a client;

(3) Have had a finding by the department or any administrative agency in this or any other state for assault, fraud, abuse, neglect, or exploitation of any person; and

(4) Understand they are required to report any administrative finding or criminal conviction to the OQA during the duration of their employment.

(l) All personnel shall report any administrative finding or felony or misdemeanor criminal conviction to the OQA during the duration of their employment.

(m) All professional staff hired by the OQA shall be licensed or registered as required by applicable state or federal laws.

(n) The executive director shall carry out all of the policies and procedures of the OQA.

(o) The executive director, president, or CEO shall be responsible for:

(1) Administering agency management and fiscal matters;

(2) Implementing the goals and objectives of the agency;

(3) Implementing all written policies and procedures of the certified other qualified agency;

(4) Employing and terminating staff, in conjunction with individuals receiving consumer-directed personal care services;

(5) Designating, in writing, a staff member who is responsible for administering the agency in the absence of the executive director;

(6) Planning, organizing, and directing activities that may be delegated;

(7) Appointing the director of personal care services; and

(8) Ensuring the accuracy of informational materials and activities.

N.H. Admin. Code § He-P 601.11

(See Revision Notes # 1 and #2 at chapter heading for He-P 600) #9898-A, eff 3-29-11

Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13115, Effective 10/1/2020, Expires 10/1/2030