Home Care Agencies
Now Regulated !
By
Wendy Simons
After five
years of effort and two legislative sessions, Nevada has enacted
protection policies for our seniors who receive personal care services
in their homes from “home care” or “personal care agencies” effective
January 30, 2008.
Representative
from numerous entities including the Bureau of Licensure and
Certification (BLC), Division of Aging Services (DAS), Nevada Department
of Health and Human Services (DHHS), the Office of Disability Services
(ODS) and the home care provider industry as well as several senior
advocates have worked diligently to craft law and regulations that would
govern the rapidly growing home care agencies in Nevada. While the
process was slow, the end result will benefit our seniors and their
family caregivers.
Over 135
applications for licensure and certification have been sent out to
agencies now providing home care services throughout the state by the
Bureau of Licensure and Certification (BLC). The BLC is a regulatory
division of the State Health Division. Once these applications are
received, the BLC will begin the process of surveying and regulating
these agencies. Once they meet the regulatory criteria, the will be
licensed as “An Agency to Provide Personal Care Services” in the Home (PCA).
So… what is the
criteria for an agency to need to apply for this licensure? It is
identified in Nevada Revised Statute ( NRS) 449.021 and basically says,
“any person, other than a natural person, which provides in the home,
through its employees or by contractual arrangement with other person,
non-medical services related to personal care to elderly persons or
persons with disabilities to assist those persons with activities of
daily living including without limitation; dressing and undressing,
bathing, grooming, the elimination of wastes from the body, the
preparation and eating of meals, laundry, shopping, cleaning,
transportation and any other minor needs related to the maintenance of
personal hygiene.”
This raises the
question in the minds of the consumer, neighbor and friend, “Do I need
to be licensed as an ‘Agency to Provide Personal Care Services in the
Home’?” As it stands, an individual does not need to meet the
above criteria. That is unless, he/she employs another individual to
provide the care. An independent contractor, working alone who provides
non-medical services does not have to become a PCA. There are other
exclusions, more applicable to the disability population such as
Intermediary Service Organization (ISO),or a group of family or friends
who provide care to one person or one family. There is a caveat on this,
however. The group must provide a written document be available for
review if needed that substantiates they are only providing for that
family member or friend. (Please search these exceptions in the
regulations.)
In summary, the
whole impetus in this new law/regulation is to assure that agencies
sending individuals to our seniors homes meet certain minimum training
criteria, background checking and quality assurances. Many agencies
have had these criteria in place and have been doing an excellent job
for years, but some have not and have placed our home bound seniors at
risk. The quality agencies were instrumental in working with those who
authored standards for the industry and supported regulatory oversight.
These agencies will continue to provide good care and services for years
to come. Don’t be surprised however, if some of the 135 agencies
receiving regulatory applications disappear. That’s a good thing! It
suggests they may not have the best business practices in screening,
training and placement of personal care attendants and resist
accountability.
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Thanks to all
who put such d effort, thought and dedication to protecting our seniors
in their homes. This is true advocacy at work. Well done.
(There is an
excellent “Fact Sheet” for Personal Care Providers available on the BLC
website which you can access by going to
http://health2k.state.nv.us/ . Click on the Bureau of Licensure and
Certification link which will take you to the home page of the BLC. The
actual regulations are also available on this site, and are worth
reviewing.)
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