Haw. Code R. § 11-800-41 - Personnel and staffing

(a) The primary caregiver shall:

(1) Reside in the community care foster family home;

(2) Be a NA, LPN, or RN;

(3) Have at least one year of experience in a home setting as a NA, LPN, or RN; and

(4) Have a substitute caregiver who will assume caregiving responsibilities in the absence of the primary caregiver.

(b) The primary caregiver and substitute caregiver shall meet the following requirements:

(1) The primary caregiver must be at least twenty-one years old, and the substitute caregiver shall be at least eighteen years old;

(2) Have no physical or mental disabilities that would prevent their being able to meet the daily needs of clients on a twenty-four hour basis;

(3) Be able to communicate, read, and write in the English language;

(4) Cooperate with the department to complete a psychosocial assessment of the caregiving family system in accordance with section 11-800-7(b) (2);

(5) Provide non-medical transportation through possession of a valid Hawaii driver's license and access to an insured vehicle, or an alternative approved by the department.

(A) When the caregiver does not have a valid driver's license, does not have access to an insured vehicle, or both, a written alternative transportation plan shall be submitted to the department for approval;

(B) The transportation plan may include but is not limited to the use of a handivan, taxi, or a substitute driver;

(C) When a substitute driver is used, the substitute driver shall;

(i) Have a valid driver's license;

(ii) Have a current tuberculosis clearance;

(iii) Provide a signed statement indicating no conviction record that may place the client at risk of harm; and

(iv) Use an insured vehicle;

(6) Comply with all applicable federal, state, and county laws, ordinances, rules, regulations, and regulatory requirements, including but not limited to statutes that prohibit discrimination against any person, on the grounds of race, color, national origin, religion, creed, sex, age, marital status, or handicap;

(7) Have a current tuberculosis clearance that meets department guidelines; and

(8) Have documentation of current training in blood borne pathogen and infection control, cardiopulmonary resuscitation, and basic first aid.

(c) The primary caregiver shall attend twelve hours, and the substitute caregiver shall attend eight hours, of in-service training annually which shall be approved by the department as pertinent to the management and care of clients. The primary caregiver shall maintain documentation of training received by all caregivers, in the caregiver file in the home.

(d) The substitute caregiver who provides three or more hours of services per day to a client shall, at a minimum, be a NA.

(e) The primary caregiver shall identify all qualified substitute caregivers, approved by the department, who provide services for clients. The primary caregiver shall maintain a file on the substitute caregivers with evidence that the substitute caregivers meet the requirements specified in this section.

(f) The primary caregiver shall maintain a file on all adult household members who are not substitute caregivers with evidence that they have current:

(1) Tuberculosis clearances that meet department of health guidelines; and

(2) Background checks.

(g) The primary and substitute caregivers shall be assessed by the department for competency in basic caregiver skills and specific skill areas needed to perform tasks necessary to carrying out each client's service plan. The documentation of training and skill competency of all caregivers shall be kept in the client's, case manager's, and caregiver's current records with the current service plan.

(h) The primary caregiver shall ensure that all substitute caregivers are approved by the department prior to providing services and shall provide a verbal and written report of all substitute caregiver changes, including additions, terminations, and replacements, to the department.

(i) The primary caregiver shall notify the department of any dependent household members or changes in household composition.

(j) When the primary caregiver will be absent or unable to perform regular duties, and clients are present, the primary caregiver shall:

(1) Report the situation to the clients' case management agencies verbally and in writing prior to the planned absence or being unable to perform caregiving duties. Unplanned absences or events that prevent the primary caregiver from performing regular duties must be reported within twenty-four hours of occurring;

(2) Assure that a substitute caregiver is available and capable of managing all client care and any event occurring in the home; and

(3) Authorize all substitute caregivers to permit entrance by case management agency and department staff, with or without prior notice, for the purpose of client monitoring, investigation, and quality assurance review.

Notes

Haw. Code R. § 11-800-41

[Eff 11/13/2018] (Auth: HRS §§ 321-481, 321-483, 321-485, 346-14) (Imp: HRS §§ 321-481, 321-483, 321-485, 346-14)