When a report of abuse or neglect of an in-home services client is received, the client's case manager and the Department nurse must investigate and immediately report the results to the Department nurse. The Department may allow the provider's nurse to assist the case manager. Subsection 3 requires local area agencies on aging to provide volunteer training to all required reporters regarding the detection and report of elder abuse. Currently, any person who knowingly abuses or neglects a client is guilty of a Class D felony. Providers may seek administrative review of the decision.
Violation is defined as a determination of guilt.
The Department must establish a quality assurance and supervision process. The process must require random visits or other approved methods to verify provider compliance and the accuracy of records. The Department is currently required to maintain an employee disqualification list of persons who have abused or neglected in-home services clients. New language provides that an in-home services provider will be guilty of a Class A misdemeanor for knowingly employing a person who is on the disqualification list, who refuses to register with the Family Care Safety Registry, or who is listed on any of the background check lists in the Registry. The plan of service for each client should be authorized by a nurse and the in-home services provider nurse may conduct the assessment.