COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies)

What this rule requires your agency to do

• 1Screening shall include verification of current professional licensure or certification, a basic health screening including tuberculosis screening, verification of references, verification of employment history, completion of I-9 forms, verification of identity and employment eligibility, an in-person interview before referral, and completion of a skills assessment and demonstration before client referral.(COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
• 2An agency may not knowingly provide or refer a caregiver who is not certified to provide services to a client unless a listed exception applies (no ADL assistance required; no predictable adverse health consequences per the supervising nurse; or the client signs a waiver of skilled services form).(COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
• 3An agency shall maintain records of the screening information for each employee, independent contractor, or contractual employee and retain the information in the agency's business office.(COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
• 4An agency shall develop and implement policies and procedures to screen a prospective employee, independent contractor, or contractual employee who will provide services to clients.(COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
• 5Screening shall include a State criminal history records check or a private agency background check as required under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland.(COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
• 6A subcontracting agency shall verify the personnel information in §B and submit evidence to the contracting agency that verification has occurred.(COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
• 7An agency shall provide or refer a certified caregiver to a client who requires a certified caregiver to perform activities of daily living or administration of medication.(COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))
• 8If an agency is aware of an action or inaction by a referred individual that may be grounds for action under Health Occupations Article, §§8-316 and 8-6A-10, the agency shall report the action or condition to the Board of Nursing and the Office of Health Care Quality immediately when known.(COMAR 10.07.05.10 — Employee, Independent Contractor, and Contractual Employee Requirements (Residential Service Agencies))