Home Care Survey Availability

 

The Health Facilities and Emergency Medical Services Division (Department) is seeing a trend of agencies demonstrating the inability to be available when surveyors arrive at the agency to complete licensure and/or recertification surveys, especially in the Home care section. This message serves to remind all licensed home care agencies and registered home care placement agencies, licensed or registered with the state of Colorado, of the following regulations: 6 CCR 1011-1 Chapter 26 Home Care Agencies, Part 4.5 Inspections (A) The HCA shall comply with the requirements of 6 CCR 1011-1, Chapter 2, Parts 2.9.4, 2.10.1 and 2.10.2 regarding inspections, with the following additions: (1) The Department shall make such inspections as it deems necessary to ensure that the health, safety, and welfare of home care consumers are protected. In addition to licensure inspections, the Department may conduct supplemental inspections at any time in response to complaints alleging noncompliance with the regulations contained in this chapter. (a) Consumer records kept in the home or individual consumer documents not included in the HCA’s permanent record shall be made available to the Department within two (2) hours of the request if the last visit occurred fourteen (14) or more days prior to the request. The time for production may be extended at the Department’s discretion. (b) The consumer file and administrative records, including but not limited to, census and demographic information, complaint and incident reports, meeting minutes, quality assurance, and annual program review documents shall be provided to the inspector commencing within thirty (30) minutes of request. The time for production may be extended at the Department’s discretion. The department has, at its discretion, the ability to impose Intermediate restrictions or conditions. 6 CCR 1011-1 Chapter 26, Part 4.7 Intermediate Restrictions or Conditions. The Health Facilities and Emergency Medical Services Division appreciates continuing cooperation during the survey process. The Department realizes that agencies are very busy providing services to clients on a daily basis, however the survey process is an important part of the system that protects client safety across Colorado. The Department strives to make on-site surveys as least disruptive as possible. To provide feedback on the survey process, please use this form.  Per 6 CCR 1011-1 Chapter 2, General Licensure Standards, Part 2.10.4, the Department may use the following measures to ensure a licensee’s full compliance with the applicable statutory and regulatory criteria. (A) Unscheduled or unannounced reviews The Department may conduct an unscheduled or unannounced review of a current licensee based upon, but not limited to, the following criteria: (1) Routine compliance inspection, (2) Reasonable cause to question the licensee’s continued fitness to conduct or maintain licensed operations, (3) A complaint alleging non-compliance with license requirements, Discovery of previously undisclosed information regarding a licensee or any of its owners, officers, managers, or other employees if such information affects or has the potential to affect the licensee’s provision of services, or (4) The omission of relevant information from documents requested by the Department or indication of false information submitted to the Department. Due to the increased incidents of non-compliance or unwillingness to be available for a survey, agencies may face enforcement per 6 CCR 1011-1 Chapter 2, Part 2.11 Enforcement and Disciplinary Sanctions.  2.11.1 License Denials (A) The Department may deny an application for an initial or renewal license for reasons including but not limited to, the following: (1) The applicant has not fully complied with all local, state, and federal laws and regulations applicable to that license category or classification, (2) The applicant fails to respond in a timely manner to Departmental requests for additional information, (4) The applicant refuses any part of an on-site or off-site inspection. For more information or questions, please reach out to Erica McClurg RN, Home Care Program Manager at erica.mcclurg@state.co.us or Dr. Steve Cox, Branch Chief, Home and Community Facilities at steve.cox@state.co.us