34

106-260.A.2

Contracted Employee Records – Degrees/Training History

Recommend changing this to allow 3^rd party vendors for education verifications. Many providers use vendors, rather than obtaining official transcripts.

34

106-260.A.5

Contracted Employee Records –

Job Related References

Three job related references may be difficult for younger individuals or those who have been in their current position for a long time.

Recommend changing this to two references.

34

106-260.A.8

Contracted Employee Records –

Criminal Background Checks

DBHDS has the ability to verify this. The additional burden should not be placed on agencies.

34

106-260.A.13

Contracted Employee Records –

Competency testing

Providing contractors with the same type, level, or testing tool to verify competence runs the risk of treating contractors like employees.  That also goes for those who are employed as volunteers.  Agencies cannot afford to take on that level of liability especially as it relates to status of an employee/contractor.

36

106.300.A

Employee Training –

Competency Testing

Wording should state “competency testing performed by position should reflect the expectations of their assigned roles.”

The expectations and competency of roles vary according to positions. Agencies should have the discretion to use their own competency models. 

36

106-300.B.1

Employee Training –

Required Training within 7 business days

To provide this level of training to new staff in 7 days is unrealistic.  In addition, to the rest of the mandatory trainings and orientation deliverables, requesting these trainings within 7 days is not feasible.  The goal should be more objective than subjective.  For example, it is expected that staff be in full compliance with the regulations/standards of CPR, FA, and Medication Administration per their policy.

This allows providers to develop a timeframe that is realistic and it provides the expectations of when staff are expected to be competent or achieved mastery in those 3 areas. 

37

106-320.A

Tuberculosis Screening

Having staff complete this before they start would be ideal but very unrealistic.  Many incoming staff are currently work elsewhere and to have them come in prior to starting is sometimes difficult.  It is recommended it be completed within 30 days of employment.  Thus, no change is needed.

47

106-550.4

Privacy

Clarification is needed regarding “prohibition on staff visitors” and the intention of this regulation.

50-51

106-590

Monitoring and Evaluating Service Quality – Licensing Complaints

Clarification is needed for the definition of a “licensing complaint”  and the licensing complaint investigation process.

This section appears to duplicate the Human Rights complaint investigation procedures that providers already have established in their policies. 

56

106-730.B

Sewer and Water Inspections

Typo: Water not on a public system should be tested for coliform - not chloroform -  bacteria.