Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 40 - Division of Elderly Affairs › Subchapter 00 - N/A › Part 5 - Rules, Regulations, and Standards for Certification of Case Management Agencies (218-RICR-40-00-5) › Section 218-RICR-40-00-5.6 - Personnel

Current through June 14, 2024
5.6.1
Employee Policies
A. The agency must document clear job roles
				  and lines of communication.
B. The
				  agency must disclose any financial or other formal relationships with other
				  facilities and organizations to which it refers consumers.
C. The agency must have an established
				  process for assuring employee competence, including licensing where
				  necessary.
D. The agency must have
				  written policies to:
1. Inform staff and
				  consumers of general content of Division and other state and federal
				  regulations, including but not limited to regulations related to personnel,
				  fiscal, access to services;
2.
				  Develop and implement personnel policies and procedures to ensure compliance
				  with Division and other state and federal regulations;
3. Outline personnel supervision, evaluation,
				  training and record keeping;
4.
				  Verify licensing and credentials of licensed or certified personnel upon hire
				  and then at least every year; and
5. Specify roles played by volunteers and
				  which employee policies and procedures apply to volunteers.
E. All employees who have direct
				  participant contact must be subject to a state and national criminal background
				  check prior to, or within one (1) week of, employment.
1. In those situations in which no
				  disqualifying information, defined as any conviction for any offense listed in
				  R.I. Gen. Laws §
												23-17.4-30 and R.I. Gen. Laws §
												23-17-37,
				  has been found, the bureau of criminal identification (BCI) will inform the
				  applicant and the agency in writing;
2. Any disqualifying information will be
				  conveyed to the applicant in writing by the BCI;
3. The agency will also be notified that
				  disqualifying information has been discovered, but will not be informed of the
				  nature of the disqualifying information;
4. The agency must maintain on file, subject
				  to inspection by the Division, evidence that criminal records checks have been
				  initiated on all employees seeking employment, as well as the results of said
				  checks;
5. If an applicant has
				  undergone a criminal records check within eighteen (18) months of an
				  application for employment, than an agency may request from the BCI a letter
				  indicating if any disqualifying information was discovered. The BCI will
				  respond without disclosing the nature of the disqualifying information. This
				  letter may be maintained on file to satisfy the requirements of this
				  section.
6. An employee against
				  whom disqualifying information has been found may request a copy of the
				  criminal background report be sent to the agency that shall make a judgment
				  regarding the continued employment of the employee.
F. The agency must assure that staff holding
				  professional licensure hold a current Rhode Island license and practice within
				  the scope of this license.
G. The
				  agency must maintain confidential personnel records for each employee that
				  include at least the following information:
1. Job application and resume;
2. References;
3. Copy of license or certificate;
4. Documentation of training;
5. Results of criminal background
				  checks;
6. Any performance
				  evaluations; and
7. Signed
				  agreement about consumer information and records confidentiality.
H. The agency must protect itself
				  by providing professional insurance protection/malpractice insurance/errors and
				  omission protection coverage. The agency shall maintain customary commercial
				  general liability insurance (including automobile coverage) and professional
				  liability insurance in commercially reasonable amounts, and any additional
				  bonding that the Division may require. Evidence of such insurance shall be
				  provided to the Department simultaneously with the execution and delivery of
				  this Agreement by the Contractor and from time to time upon request.
I. The agency must comply with all provisions
				  of applicable law, including, but not limited to, the Americans with
				  Disabilities Act of 1990,
				   42 U.S.C. §
												12101; Public Law 88-352, July 2, 1964, 78
				  Stat. 253,  42 U.S.C. Sec. 2000e  et. seq (prohibits discrimination on the basis
				  of race, sex, national origin, sexual orientation, disability); and the
				  Governor's Executive Order No. 95-11 (relating to sexual harassment).
J. The agency must comply with the Division's
				  requirements regarding the safeguarding of consumer information and
				  records.
K. The agency must comply
				  with all state and local building, fire safety, and health codes.
L. The agency must have a written infection
				  control plan.