LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks)

What this rule requires your agency to do

• 1These requirements apply to all compensated non-licensed persons, whether directly employed or contracted, regardless of setting (§I-9120.D).(LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks))
• 2When the HHA makes a temporary offer to a non-licensed person pending results, it shall provide the person's name and relevant information to the Louisiana State Police within 72 hours after the person accepts temporary employment (§I-9120.C.1).(LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks))
• 3Prior to hiring any non-licensed person, the HHA shall ensure the individual is at least 18 years of age and document ability to read, write and comprehend English (§I-9120.A.1-2).(LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks))
• 4The HHA shall have a written policy and process, in accordance with R.S. 40:1203.15 et seq., to request in writing a State Police (or authorized agency) security check and criminal history for each employee or contractor upon offer of employment (§I-9120.C).(LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks))
• 5A home health aide offered temporary employment before results are received shall work under the direct supervision of a permanent employee or in the presence of an immediate family member or designated caregiver of the patient (§I-9120.C.3).(LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks))
• 6The security check shall use personal identifiers to search the national sex offender public registry, and the HHA shall obtain the results to verify whether the applicant is listed (§I-9120.C.2).(LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks))
• 7If a disqualifying finding is on the registry, the non-licensed person shall not have continued employment with the HHA (§I-9120.B.2).(LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks))
• 8Prior to hiring, and by written policy at least every six months thereafter, the HHA shall access the DSW/CNA registry to determine whether a prospective, employed, or contracted non-licensed person has a finding of exploitation, extortion, abuse, neglect, or misappropriation of a patient's property or funds (§I-9120.A.3, B).(LAC 48:I.9120 — Home Health Agency Responsibilities (Non-Licensed Staff, Registry and Criminal History Checks))