Regulatory Compliance Guide, Or RCG, Is a Companion Piece to the Chapter 6400 Regulations; It Should Be Used Along with the Regulations, Not Instead of Them
Total Page：16
File Type：pdf, Size：1020Kb
Office of Developmental Programs REGULATORY COMPLIANCE A Tool for Community Home Regulators, Operators, and GUIDE Stakeholders 55 Pa.Code Chapter 6400 Community Homes for Individuals with an Intellectual Disability or Autism February 3, 2020 Edition Introduction What is this guide, and why do I need it? 55 Pa.Code Ch. 6400 (Relating to Community Homes for Individuals with Intellectual Disabilities or Autism) establishes the minimum requirements to operate a community home for individuals with intellectual disabilities or autism in the Commonwealth of Pennsylvania. The Regulatory Compliance Guide, or RCG, is a companion piece to the Chapter 6400 regulations; it should be used along with the regulations, not instead of them. The explanatory material in this guide is not meant to be “new regulations” or to extend meaning of the regulations beyond their original intent. In most cases, the regulations speak for themselves. There are, however, some regulations that require additional clarification. Even when the meaning of a regulation is very clear, the purpose and intent of the regulation may not be. There are also different ways to measure regulatory compliance, and both operators and licensing staffs need to know how compliance will be determined. This guide is meant to help operators and licensing staffs better understand and apply the regulations. This guide has been developed to provide clear explanations of the regulatory requirements of Chapter 6400 to help providers provide safe environments and effective services to individuals through regulatory compliance, and to help regulators protect individuals by conducting consistent and comprehensive inspections. It provides a detailed explanation of each regulatory requirement, including expectations for compliance, guidelines for measuring compliance, and the primary purpose for the requirement. In addition, this guide includes general regulatory requirements and procedures as well as overviews of complex regulatory issues to provide a more global understanding of the chapter and its purpose. Licensing Requirements versus Waiver Requirements Chapter 6400 contains the minimum requirements that shall be met to obtain and maintain a license to operate a Community Home. Most – but not all – 6400 licensees are also enrolled as providers of Office of Developmental Programs (ODP) Home and Community-Based Waiver services (“Waiver providers”). Waiver providers must meet additional requirements beyond Chapter 6400 as established by the Department’s Consolidated and Adult Autism Waivers, the terms of their ODP Provider Agreements, and 55 Pa.Code Chapter 6100 (Relating to Services for Individuals with an Intellectual Disability or Autism)1. Adult Community Autism Program (ACAP) providers are not considered “waiver providers” for purposes of this guide; ACAP providers should refer to their ACAP agreements for requirements beyond Chapter 6400. Portions of this guide provide information on the relationship between the Chapter 6400 regulations and additional requirements for Waiver providers. Please note that such information is not provided for purposes of maintaining regulatory compliance with Chapter 6400, but rather to ensure that providers are better able to differentiate between what is required for licensure and what is required to provide Waiver services. 1 Chapter 6100 requirements also apply to base-funded providers; the “For Waiver Providers” section also applies to base-funded providers of the Residential Habilitation service. Table of Contents Topic / Subject Area Page 1 Using the Regulatory Compliance Guide 4 Entrance and Exit Conferences 5 Grace Periods 5 Regulatory Waivers 7 Licensure or Approval of Facilities and Agencies 7 Maximum Capacity 8 Fire Safety Occupancy Permit 10 Self-Assessment of Homes 11 Abuse 12 Child Abuse 12 Incident Report and Investigation 19 Criminal History Record Check 21 Individual Funds and Property 23 Grievance Procedures 24 Applicable Statutes and Regulations 24 Children’s Services 26 Informing and Encouraging Exercise of Rights 32 Rights of the Individual 43 Negotiation of Choices 44 Informing of Rights 44 Staffing - Minimum age 44 Chief Executive Officer 45 Program Specialist 47 Staffing 48 Staff Training 50 Training Records 51 Orientation 52 Annual Training 53 Special Accommodations 54 Poisons 54 Heat Sources 54 Sanitation Topic / Subject Area Page 55 Ventilation 56 Lighting 57 Surfaces 57 Running Water 58 Indoor Temperature 59 Telephone 60 Emergency Telephone Numbers 60 Screens, Windows and Doors 60 Handrails and Railings 60 Nonskid Surfaces 61 Landings 61 Furniture and Equipment 61 First Aid Kit 62 Indoor Living Space 62 Elevators 62 Exterior Conditions 62 Individual Bedrooms 62 Bathrooms 65 Kitchens 66 Laundry 67 Swimming Pools 67 Firearms 68 Unobstructed Egress 68 Exits 69 Evacuation Procedures 69 Notification to Local Fire Department 70 Flammable and Combustible Materials 70 Furnaces 70 Portable Space Heaters 71 Wood and Coal Burning Stoves 71 Fireplaces 71 Smoke Detectors and Fire Alarms 71 Fire Extinguishers 74 Fire Drills 78 Fire Safety Training for Individuals 78 Smoking Safety Procedures Topic / Subject Area Page 79 Individual Physical Examination 81 Dental Care 82 Refusal of Treatment 82 Health Services 83 Emergency Medical Plan 84 Staff Physical Examination / Communicable Diseases 85 Self-Administration of Medication 86 Medication Administration / Medication Administration Training 89 Storage and Disposal of Medications 90 Prescription Medications 92 Medication Record 94 Medication Errors 94 Adverse Reaction 95 Protection of Food / Returned Food 95 Three Meals a Day 96 Quantity of Food / Food Groups 96 Serving of Meals 96 Assessment 101 Development, Annual Update and Revision of the Individual Plan 102 Individual Plan Team 103 Individual Plan Process / Content of the Individual Plan / Implementation of the Individual Plan 104 Behavior Support Component of the Individual Plan 106 Home Services 107 Day Services / Recreational and Social Activities Definition of Restrictive Procedures/Appropriate Use of Restrictive 108 Procedures 109 Prohibited Procedures 110 Permitted Procedures 112 Written Policy 113 Human Rights Team 115 Staff Training – Behavioral Support 115 Emergency Information 115 Individual Records / Record Location / Access / Release of Information Topic / Subject Area Page 115 Content of Records 117 Record Retention 117 Additional Requirements for Homes Serving Nine or More Individuals 118 Exceptions – Emergency Placement 118 Exceptions for Respite Care 119 Semi-Independent Living Abilities 121 Appendix A - Self-Assessment Licensing Inspection Instrument 138 Appendix B - Prohibitive Offenses in OAPSA 140 Appendix C - Examples of Applicable Laws Appendix D - Serious Communicable Diseases as defined in 28 Pa.Code § 141 27.2 143 Appendix E - Best Practices in Documenting Regulatory Violations 152 Appendix F - Developing Good Plans of Correction 156 Appendix G - Supporting Individuals with Significant Medical Needs Using the Regulatory Compliance Guide Each regulation that can be measured during an inspection is included in the RCG and is accompanied by clarifying information. The illustration below shows how regulations are presented and how to effectively use the guide: 6400.43(c) - A chief executive officer shall have one of the following groups of This portion lists the regulation qualifications: exactly as it appears in Chapter 6400 (1) A master’s degree or above from an accredited college or university and 2 43c years work experience in administration or the human services field. (2) A bachelor’s degree from an accredited college or university and 4 years work experience in administration or the human services field. The “Discussion” section Discussion: provides information about Master’s and Bachelor’s degrees do not need to be in any specific field or academic discipline. applying the regulation, Honorary degrees are not acceptable. including referencing other regulations and applicable Volunteer work and intern work may be counted as work experience. narratives. “Human services field” includes, but is not necessarily limited to: Anthropology Criminal Justice Music Therapy Recreational Therapy Art/Dance Therapy Divinity/Religion/Theology Nursing/Medicine Rehabilitation Counseling Audiology Drama Therapy Nutrition Social Work Child Development/Family Relations Education Occupational Therapy Sociology Community Mental Health Gerontology Pastoral Counseling Special Education Chemical Dependence Administration Health Administration Physical Therapy Speech Pathology The “Inspection Procedures” Counseling/Guidance Health Education Psychology Vocational Counseling section describes how licensing staff may measure compliance with the regulation. Inspection Procedures: Licensing staffs will review the CEO’s degree or official college transcript and resume to determine compliance. 1 | P a g e Primary Benefit: Ensures that the CEO has the required education and work experience to oversee services and supports provided to individuals. The “Primary Benefit” section For Waiver Providers: explains how the regulation protects individuals’ health, Per the Consolidated Waiver, in the case of an entity enrolled on or after November 1, 2018 to safety, and well-being. provide Residential Habilitation services, or a current provider hiring new executive level staff, one of the following must have a minimum of five years’ experience as a manager with responsibility for providing residential services for individuals with an intellectual disability,