This week's You Asked..We Answered questions ask: "As I was looking through old files from previous human resources staff, I ran across something that said our hospice employees should have a background check done every 5 years, and not just upon hire. Could you verify this for me?", "At last week’s Life Safety Code conference, I was confused on the different interpretations of how and when to use rated power strips in residents rooms. Could you verify the specific requirements?" and "How do I meet the resident council requirement when the majority of my population is short stay with an average length of stay of less than 20 days?"
As I was looking through old files from previous human resources staff, I ran across something that said our hospice employees should have a background check done every 5 years, and not just upon hire. Could you verify this for me?
Hospice employees must have a background check done upon hire, but do not have to have a background check done every 5 years. Only home health employees with direct patient contact must have a background check every 5 years. For hospice employees, the checks are for all employees (which includes volunteers) and contracted staff who have direct patient contact or access to patient records.
There is a state requirement for home health (there is no federal requirement for home health) and the state requirements for hospice as well as federal requirements for hospice. The excerpt from the Medicare Hospice Conditions of Participation is as follows:
Hospice - Federal requirements: 418.114 Condition of participation: Personnel qualifications.
(d) Standard: Criminal background checks. (1) The hospice must obtain a criminal background check on all hospice employees who have direct patient contact or access to patient records. Hospice contracts must require that all contracted entities obtain criminal background checks on contracted employees who have direct patient contact or access to patient records.
(2) Criminal background checks must be obtained in accordance with State requirements. In the absence of State requirements, criminal background checks must be obtained within three months of the date of employment for all states that the individual has lived or worked in the past 3 years.
At last week’s Life Safety Code conference, I was confused on the different interpretations of how and when to use rated power strips in residents rooms. Could you verify the specific requirements?
Rick Hoover, Supervisor of the Complaint Unit / Life Safety Code in the Ohio Department of Health Bureau of Survey and Certification, reached out to the Centers for Medicare & Medicaid Services (CMS) regional office to get an understanding if there has been any change in interpretation on power strips. They concluded that power strips (regardless of UL rating) cannot be used in the patient care vicinity, which includes within six feet of a bed. Power strips outside of the patient vicinity must be UL 1363 or 1363A rated, and no other power strips are permitted. Finally, no other medical equipment other than a cart or pedestal mounted equipment may be plugged into a power strip.
How do I meet the resident council requirement when the majority of my population is short stay with an average length of stay of less than 20 days?
The regulation does not require an organization to have a resident council meeting. This requirement falls under F tag 565. The regulation is as follows: §483.10(f)(5) The resident has a right to organize and participate in resident groups in the facility. ODH confirmed that as long as the provider informs residents of this right, then they have met the requirement.
As a recommendation, review how the organization informs all residents of this right. Evaluate the effectiveness of the protocol. If a description of the right is included in the admission packet, interview a random selection of residents to ensure that they are aware of this right. If this selection of residents are unable to speak to this opportunity, then determine if additional communication would be beneficial such as including it in a resident handbook in addition to the admission packet. Remember, the survey process relies heavily on the resident interviews. If residents have concerns and are unaware of their ability to have a resident group, and the organization is unaware of those concerns, then this would be an outcome that should be considered for improvement.