CarePolicy DDA Home Care Agency Policies and Procedures User Guide

CarePolicy DDA Home Care Agency Policies and Procedures User Guide

Copyright [Year] © [Agency Name] Disclaimer: All rights reserved. No part of this publication may be utilized, reproduced, stored in a retrieval system, or transmitted in any form by any means, electronic, mechanical, recording or otherwise, without the prior written consent of the publisher.

[Agency Name] [Agency Address] [Contact Number] [Email Address] [Website]

INTRODUCTION

[AGENCY NAME]’s primary focus is to provide superior care to Individuals living with intellectual and or developmental disabilities in our community. Our program vows to contribute to our client’s quality of life. We strive to deliver the highest quality of care to our clients.
We are committed to providing high-quality, client-centered and affordable services to our clients to assist them to lead dignified and independent lives in the comfort and safety of our homes. Their individual needs are carefully assessed, understood, and met through the selective assignment of qualified, trustworthy, and compassionate personnel.

MISSION STATEMENT
[AGENCY NAME] was formed to provide care for adults with behavioral and developmental disabilities who require assistance with daily living activities.

VISION STATEMENT
The vision of [AGENCY NAME] is to provide superior services for our residents through competent, caring adults who are trained in the most effective, research-based methods for adults with disabilities.

OUR SERVICES
[AGENCY NAME] provides services under contract to the Delaware DDDS [Division of Developmental Disabilities Services. Program models include 24-hour Residential Group Home support in Neighborhood Homes, Community Living Arrangements, Shared Living, Supported Living, and other related supports.

We strongly believe that our adherence to client focus values will position [AGENCY NAME] to help serve the needs of the over-looked and often under- served individuals with behavioral and developmental disabilities in our community. As a result, we can allow their needs to be cared for while creating a better quality of life for each individual in our care.

All supports provided by [AGENCY NAME] are based on the needs and dreams of the individual being supported. The Team working with the individual will tailor a plan to address these needs and dreams and to measure progress toward them. [AGENCY NAME] will strive to provide the highest quality of support using skilled professionals, and available community resources.

[AGENCY NAME] is unique in its approach to services. Each person seeking services is evaluated and assessed. The support for that person are developed around their unique dreams, visions, and needs.

STATEMENT OF PURPOSE

The purpose of this policy is to define organization-wide processes and activities that maximize the coordination of quality home services to clients at [AGENCY NAME]. The goal of this plan is to coordinate residents’ care in a manner that is seamless from the resident’s perspective. This policy shall be made available for review, upon request, to clients and their designated representatives and shall be readily available for staff use at all times within [AGENCY NAME].

STATEMENT OF POLICY
[AGENCY NAME] prohibits discrimination in all its activities based on race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, gender identity, genetic information, and any political beliefs.

[AGENCY NAME] is consistent with the:

• Federal and State Law of Delaware
• Needs of our members and the community we serve;
• Our mission, goals, and strategic objectives;
• Agency policies and procedures;
• Performance Improvement and member Safety Plan; and
• Organizational capability to provide the requisite staffing, facilities, and services.

We strongly adhere to compliance requirements stated by Delaware State Law, the Department of Health and follow the best practices implemented in terms of policies and procedures within [AGENCY NAME].

ORGANIZATIONAL STRUCTURE, DESCRIPTIONS, AND FUNCTIONS

Policy

Clear and concise organizational charts will be maintained to allow interested parties to understand supervisory and communication structures within [AGENCY NAME].

Objective

To allow interested parties to understand supervisory and communication structures within.

Procedure

• Leadership to [AGENCY NAME] is provided by the Clinical Director, Human resource manager, Business Office manager, Residential Managers and, in turn, the Executive Director.
• The Executive Director has several roles, among them: developing new programs; establishing corporate philosophy and program models; program oversight; quality assurance; fiscal oversight; group purchasing.
• The Executive Director assumes overall responsibility for the operation of the organization. In the absence of the Executive Director, that authority will be delegated to the Clinical Director or alternate designee.
• The Human Resource manager/business Office manager shall oversee the human resource department and the and business office of the organization
• Direct care workers will work directly with our clients in the homes providing direct care and will be supervised by the residential manager of each home. They will in-turn report to the clinical manager for all things clinical.

Organizational Structure

DOCUMENT CONTROL & APPROVALS

Document Revisions shall be recorded in the table below;

Document review and approvals shall be recorded in the table below;

Note: All policies and procedures shall be reviewed at least annually, with recommended changes submitted to the governing body for approval, as necessary and comply with changes in state and/or federal laws and regulations.

INDIVIDUALS OWNING, RENTING, OR OCCUPYING THE PREMISES

Delaware Landlord Tenant Code 25 Del.C. Ch. 53

Landlord obligation; rental agreement

a) A rental agreement shall not provide that a tenant:
1. Agrees to waive or forego rights or remedies under this Delaware Landlord Tenant Code 25 Del.C. Ch. 53;
2. Authorizes any person to confess judgment on a claim arising out of the rental agreement;
3. Agrees to the exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.
b) The rental agreement is unenforceable. If a landlord attempts to enforce provisions of a rental agreement known by the landlord to be prohibited and the tenant may bring an action to recover an amount equal to 3 months’ rent, together with costs of the suit but excluding attorneys’ fees.

Landlord obligations relating to the rental unit

a) The landlord shall, at all times during the tenancy:
1. Comply with all applicable provisions of any state or local statute, code, regulation, or ordinance governing the maintenance, construction, use, or appearance of the rental unit and the property of which it is a part;
2. Provide a rental unit that shall not endanger the health, welfare or safety of the tenants or occupants and which is fit for the purpose for which it is expressly rented;
3. Keep in a clean and sanitary condition all common areas of the buildings, grounds, facilities and appurtenances thereto which are maintained by the landlord;
4. Make all repairs and arrangements necessary to put and keep the rental unit and the appurtenances thereto in as good a condition as they were, or ought by law or agreement to have been, at the commencement of the tenancy; and
5. Maintain all electrical, plumbing and other facilities supplied by the landlord in good working order.

b) If the rental agreement so specifies, the landlord shall:
1. Provide and maintain appropriate receptacles and conveniences for the removal of ashes, rubbish and garbage and arrange for the frequent removal of such waste; and

2. Supply or cause to be supplied, water, hot water, heat and electricity to the rental unit.

c) The landlord and tenant may agree by a conspicuous writing, separate from the rental agreement, that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling, but only if:
1. The particular work to be performed by the tenant is for the primary benefit of the rental unit; and
2. The work is not necessary to bring a noncomplying rental unit into compliance with a building or housing code, ordinance or the like; and
3. Adequate consideration apart from any provision of the rental agreement, or a reduction in the rent is exchanged for the tenant’s promise. In no event may the landlord treat any agreement under this subsection as a condition to any provision of rental agreements; and
4. The agreement of the parties is entered into in good faith and is not to evade an obligation of the landlord.

d) Evidence of compliance with the applicable building and housing codes shall be prima facie evidence that the landlord has complied with this chapter.

Essential services; landlord obligation and tenant remedies
a) If the landlord substantially fails to provide hot water, heat, water, or electricity to a tenant, or fails to remedy any condition which materially deprives a tenant of a substantial part of the benefit of the tenant’s bargain in violation of the rental agreement; or in violation of a provision of the code Delaware Landlord Tenant Code 25 Del. C. Ch. 53; or in violation of an applicable housing code and such failure continues for 48 hours or more, after the tenant gives the landlord actual or written notice of the failure, the tenant may:
1. Upon written notice of the continuation of the problem to the landlord, immediately terminate the rental agreement; or
2. Upon written notice to the landlord, keep 2/3 per diem rent accruing during any period when hot water, heat, water, electricity or equivalent substitute housing is not supplied. The landlord may avoid this liability by showing of the impossibility of performance.

b) If the tenant has given the notice required under subsection (a) of this section and remains in the rental unit and the landlord still fails to provide water, hot water, heat and electricity to the rental unit as specified in the applicable city or county housing code in violation of the rental agreement, the tenant may:
1. Upon written notice to the landlord, immediately terminate the rental agreement; or
2. Upon notice to the landlord, procure equivalent substitute housing for as long as heat, water, hot water or electricity is not supplied, during which time the rent shall abate, and the landlord shall be liable for any additional expense incurred by the tenant, up to 1/2 of the amount of abated rent. This additional expense shall not be chargeable to the landlord if the landlord can show the impossibility of performance; or
3. Upon written notice to the landlord, the tenant may withhold 2/3 per diem rent accruing during any period when hot water, heat, water or equivalent substitute housing is not supplied.
c) Rent withholding does not act as a bar to the subsequent recovery of damages by a tenant if those damages exceed the amount withheld.

d) Where a landlord files an action for summary possession, claiming that a tenant has wrongfully withheld rent or deducted money from rent under this section and the court so finds, the landlord shall be entitled to receive from the tenant either possession of the premises or an amount of money equal to the amount wrongfully withheld (“damages”) or, if the court finds the tenant acted in bad faith, an amount of money equal to double the amount wrongfully withheld (“double damages”). In the event the court awards damages or double damages and court costs excluding attorneys’ fees, then the court shall issue an order requiring such damages or double damages to be paid by the tenant to the landlord within 10 days from the date of the court’s judgment. If such damages are not paid following the court’s order, the judgment for damages or double damages, together with court costs, shall become a judgment for the amount withheld, plus summary possession, without further notice to the tenant.

Long-Term Care Transfer, Discharge and Readmission Procedures This regulation applies to decisions by [AGENCY NAME] to transfer or discharge a resident. It prescribes the process for providing an impartial hearing to a resident.

Transfer, discharge and readmission rights of residents – Long-Term Care Facility

1. “Transfer and discharge” includes the movement of a resident to a location outside of the licensed facility.
2. Transfer and discharge requirements. The facility must permit each resident to remain in the facility, and not transfer or discharge the resident from the facility except for:
• Medical needs which cannot be met in the facility;
• The resident’s welfare;
• The welfare of the other individuals in the facility;
• Nonpayment of justified charges, after appropriate notice; or
• Termination of facility operation.

3. Documentation. When the facility transfers or discharges a resident under any of the circumstances specified in the code, the resident’s clinical record must be documented. The documentation must be made by:

• The resident’s physician when transfer or discharge is necessary as per regulation; and
• A physician when transfer or discharge is necessary as per regulation.

4. Notice before transfer. Before a facility transfers or discharges a resident, the facility must:
• Notify the resident and, if known, a family member or legal representative, of the resident of the transfer or discharge and the reasons for the move in writing and in a language and manner they understand.
• Record the reasons in the resident’s clinical record; and

5. Timing of the notice. Except as specified in the regulation, the notice of transfer or discharge required must be made by the facility at least 30 days before the resident is transferred or discharged.
• Notice may be made as soon as practicable before or after transfer or discharge when:
• The welfare of individuals in the facility would be endangered by this regulation; or
• An immediate transfer or discharge is required by the resident’s urgent medical needs in this regulation;

6. Contents of the notice. The written notice specified in this regulation must include the following:
• The reason for transfer or discharge. A detailed individualized explanation of the reason or reasons for the action being taken which includes, in terms understandable to the resident:
o A statement of what action the agency intends to take;
o The reasons for the intended action, including any information needed for the resident to determine from the notice alone the accuracy of the facility’s intended action. When the reason is non-payment, an itemized statement of the resident’s account for the preceding 12 months; and
o The specific policy or regulation supporting such action.

• The effective date of transfer or discharge;
• The location to which the resident will be transferred or discharged;
• A statement of the resident’s right to a fair hearing as provided in this section:
o The method by which the resident may request a fair hearing; and
o A statement that the resident may represent him or herself or may be represented by counsel or by another person.
o The name, address and telephone number of the Office of the Long-Term Care Ombudsman; and
o For nursing facility residents with a developmental disability or mental illness, the mailing address and telephone number of the Delaware protection and advocacy agency as defined in 16 Del.C. §1102(7).
7. Orientation for transfer or discharge. A facility must provide sufficient preparation and orientation to residents to ensure safe and orderly transfer or discharge from the facility.

8. Notice in advance of facility closure. In the case of facility closure, the individual who is the administrator of the facility must provide written notification prior to the impending closure to Division, the State LTC Ombudsman [Office of the Long-Term Care Ombudsman], residents of the facility, and the legal representatives of the residents or other responsible parties, as well as the plan for the transfer and adequate relocation of the residents. The notice shall be provided as far in advance of closure as possible.

9. Room changes.
• Room changes in a facility must be limited to moves within the particular building in which the resident resides unless the resident voluntarily agrees to move to another location. A facility’s discretion to transfer residents to another room is limited by 16 Del.C. §1121(b)(34).
• The facility must give reasonable notice before the resident’s room or roommate is changed, except in emergencies.
• The facility shall endeavor to honor roommate requests whenever possible.

10. Notice of bed-hold policy and readmission.
• Notice before transfer. When a nursing facility transfers a resident out of a facility to an acute care facility it must provide written information to the resident and a family member or legal representative that specifies that the facility must accept the patient or resident back into the facility when the resident no longer needs acute care and there is space available in the facility. If no space is available, the resident shall be accepted into the next available bed.
• Permitting resident to return to the facility. A nursing facility must establish and follow a written policy for implementing its obligation to immediately offer the first available bed to a resident who is entitled to be readmitted to the facility when acute care is no longer required.

*This is only a preview of the Original Document

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