The Past, Present, & Future of AB 1217cahsah.org/asp/conferencehandouts/2017/P300.pdf · April...

CAHSAH® Annual Conference & Home Care Expo April 25‐27, 2017 – Rancho Mirage, CA

1 2017 California Association for Health Services at Home

The Past, Present, & Future of

AB 1217

Erin K. BeckDirector of Education

of the

California Professional Institute of Caregivers



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AB1217 Helping or Hurting?

• General Overview of AB1217/HCSCPA

• What to expect next In 2017 and 2018

• Exemption/Background Process

• HCA Requirements which affect an HCO

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General Overview of AB 1217/Home Care Services Consumer

Protection Act



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General Overview of Home Care Services Consumer Protection Act

This law was intended to provide protection to elderly and disabled individuals who hire caregivers to come into their homes and

provide assistance with activities of daily living.

Implemented in January 2016– Private Duty In Home Care Companies - Home

Care Organizations to be licensed– Caregivers - HCAs register on a public online

registry• Background checked• Trained• TB Clearance

4 Versions of the Written Directives

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Written Directives Updates

Each version has summary of

the updates listed after the

table of contents.



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What to Expect in 2017 & 2018

HCO AuditsHCO Licensing Renewals

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HCO Audit/Inspections

How your Analyst will prepare before visiting your HCO:

– Any outstanding Fees the HCO may have

– Background clearances or exemptions have been obtained on all individuals (LIS536)

– Complaints received during the inspection period and their outcomes



The Facility Personnel Summary Report

(LIS536) are mailed out on a quarterly basis

as a review for the HCO to identify which

HCAs are affiliated with their HCO.

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Personnel Summary

123 Care Company111 Main StAnytown, CA 90000

HCO# 101011110

HCOs do not want to be responsible for HCAs who are not Affiliated with

their HCO! Especially during

an audit.

Only the Licensee or Designee can request the

transfer and/or disassociation of an HCA.

• Designees can be added to the HCS 308 form– Submit original signatures

to your Analyst– Keep a copy for your records

Licensees

Or

Designees

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Who can Disassociate HCAs?



Home Care Aide Registry Approval notice

• Send the approval with the licensee/designees signature and

• Box needs to be marked “This HCA no longer works for our HCO”

– located on the bottom of the notice

• Send via email, fax, or mail to your Analyst at HCSB

No Home Care Aide Registry Approval notice

• Licensee/Designee send a letter requesting HCA disassociation.

• HCO name and number• HCA first and last names• HCA #• Send via email, fax, or mail

to your Analyst at HCSB

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How to Dissociate an HCA

EXEMPTION needed HCAs, a copy your letter

will also need to be faxed to CBCB at (916)

754-4589

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• HCSB Analysts will be conducting random, unannounced visits, Licensee or Designee must be present at the time of the visit or arrive to HCO within 2 hours.

• HCO audits will be conducted at minimum once every 2 years prior to the HCO license expiration date

• The audit will include inspection of– Licensure Documents– Admin & HCA Files– Premises of HCO

Analysts have the right to remove your physical files for up to 3 days in order to conduct the audit.



Items to address in preparation

1. Accurate & updated Facility Personnel Report Summaries (LIS536)

2. Posting of business hours & HCO license

3. Complete Personnel records for all HCAs Administrators, Designees, Licensees & Volunteers

4. HCO Licensing documents, including;

1. Workers Comp Policy2. Liability Insurance

5. All APS reports (SOC 341)13

HCO Audit Preparation

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Fines for violations depend on the type of violation which is citied. TB & Exemption fines start at $100.00 per day, per offense.

1. Tuberculosis Clearance2. Exemption Clearance

1. Immediately penalties start at $100 per day per offense.

Use your Audit to our to your

benefit to work with the Analyst. HCSB employees have not worked in our industry.



Still in Development!

No timeline for renewal fees or

the process.

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HCO Licensure Renewal

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HCA Requirements Which Affect an HCO

HCA TrainingHCA Renewal

Exemption and Backgrounds



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HCO vs HCA

HCOs have to make the business decision to either let their employees manage their HCA registry on their own

orManage and oversee their employees HCA registry as job

requirements

Entry Level

2 Hours of• Orientation from

the HCO

3 Hours of• Standard

Precautions• Infection Control• Emergency

Procedures

Year 1 Annual Training

5 Hours of• Client’s Rights &

Safety• Providing for and

responding to client’s needs

• Reporting detecting, preventing abuse and neglect

• Assisting clients with personal hygiene & other home care services

• How to properly transport a client

Year 2 Annual Training

5 Hours of• Client’s Rights &

Safety• Providing for and

responding to client’s needs

• Reporting detecting, preventing abuse and neglect

• Assisting clients with personal hygiene & other home care services

• How to properly transport a client

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HCA Training Requirements

Entry Level training has to be completed before contact with clients.

5 hours of Annual Level training has to be completed with in each year of the registry date &

include all 5 topics above. Totaling 10 hours for the registry period.



1. Client’s Rights & Safety

2. Providing for and responding to client’s needs

3. Reporting detecting, preventing abuse and neglect4. Assisting clients with personal hygiene & other home care services

5. How to properly transport a client

5 hours of Annual Training

9/7/17 – 9/7/18

1. Client’s Rights & Safety

2. Providing for and responding to client’s needs

3. Reporting detecting, preventing abuse and neglect4. Assisting clients with personal hygiene & other home care services

5. How to properly transport a client

5 hours of Annual Training

9/7/16 – 9/7/17 Registry Approval

9/7/2016 To

9/7/2018

HCA Registered on

9/7/20162 Hours of Orientation

3 Hours of Standard

Precautions Infection Control

Emergency Procedures.

Register

and

Live-Scanned

Hire a Caregiver 9/1/2016

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HCA Hiring & Training Example

5Hrs

(Entry)

5Hrs

(Annual)

5Hrs

(Annual)

15Hrs

TOTAL in 9/7/16 - 9/7/18

Consequences for HCOs• TB expired = fine starting

at $100.00• Background issue = fine

starting at $100.00• Failure to verify HCA

Training = starting at $50.00

Civil Penalties or Fines are per offence, per day for

the HCO.

Consequences for HCAs

• Possibly loose their job at an HCO

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HCAs Who Do Not Uphold Their Requirements

HCAs are still able to be

listed on the registry as an Independent

HCA!



Affiliated HCAs(Employed by an HCO)

• TB Clearance

• Training

• Mandated Reporter

• Register

• Obtain Background Clearance

Independent HCAs(Private Caregivers)

• Register

• Obtain Background Clearance

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Affiliated HCAs vs. Independent HCAs

Both an Affiliated HCA and Independent HCA will have an HCA number. The online registry does not define the requirements of

an Affiliated HCA or an Independent HCA.

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HCA Registry Renewal

• Registry expires 2 years after the initial registration date

• HCAs can renew no earlier than sixty (60) days prior to expiration date

• Renewal is currently set at $25• Process very similar to initial on-line registry

– Mail in process is available if need be• Will NOT have to live-scan again when renewing• The typical time for a renewal to process is 24 hours



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The Future of AB1217

How can an HCO benefit from this new law?

• The law sets a standard for all HCOs where there were no requirement before

• HCO LIC # listed on all marketing

• More creditability within the medical community

• Slower entrance in to the market, adding protection to HCOs.

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Benefits of HCS-CPA



• Attend Lobby Day at CAHSAH & Home Care Association of America

• CAHSAH Action Alerts• Tells you who to contact to support/oppose

proposed Bill

• Home Care Aide Committee• Brandi Johnson (Chair)

Primary Staff: Dean Chalios

• Braden Oparowski, having weekly meeting with HCSB

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Advocating

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Advocating



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Advocating

WNU has a great overview of

happenings in our industry

Mary Adorno at (916) 641-5795 x124, or [email protected]

HCSB Employees

are not familiar with Private duty

Home Care Services Bureau

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Advocating

Talk and email your Analyst @

HCSB

Survey sent our after the Analyst visit



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Session Sponsor

Visit ClearCare at Booth # 703!



Erin Beck

Director of Education

California Professional Institute of Caregivers

9213 Archibald Ave

Rancho Cucamonga, CA 91730

(909) 321-4537

[email protected]

www.caregiverinstitute-edu.com

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Speaker Information

The Past, Present, & Future of AB 1217cahsah.org/asp/conferencehandouts/2017/P300.pdf · April...

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