gmhTODAY 13 gmhToday March April 2017 | Page 82

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AGING with an Attitude

State Licensing … how it affects you

Dorie Sugay is the Executive Director of Visiting Angels , a company that provides living-assistance services to seniors and adults-in-need who wish to stay in their own home or receive one-on-one care within a facility .
This article is for informational and educational purposes only . It was written independently of Visiting Angels . The names of clients and caregivers were changed to protect their privacy .

In October of 2015 , agencies that provide in-home healthcare were informed by the Department of Social Services that by January 2016 , all had to be licensed to operate and could only hire caregivers who were registered with the State . Here it is a year later and the challenges continue — the whole process has affected many who need nonmedical caregiving services . Let ’ s go through how these new requirements ( and new laws that were passed ) may affect you in the near future , if they haven ’ t already .

THERE IS A SHORTAGE OF CAREGIVERS ! Caregivers who have been working are not necessarily qualified for registration . If your caregiver had to stop working for you , that could be the case . The Department of Social Services either allows someone to work while they go through their process , or they may direct employers to suspend the caregiver from working . Agencies that do not comply face a $ 250 penalty per day that someone who has no authority to work is put to work . Please be reminded that HIPAA and the Privacy Act prevent your agency from divulging the reason a caregiver has to stop working for you .
The Live Scan ( background check ) goes back to age 18 and if a potential caregiver ’ s background triggers a concern , it does not matter how old it is , they have to file an exemption application . Both the Federal Bureau of Investigation ( FBI ) and the Department of Justice ( DOJ ) records are reviewed . Some are approved , some are not . If the exemption application is rejected , there is an appeal process . All this takes time . It seems that caregivers with old infractions have waited from two to six months for a ruling and those with more recent infractions could wait up to a year to receive a decision . Even if records were expunged , the caregiver has to go through this process .
An agency in Pleasanton had a 63-yearold employee who had a misdemeanor when she was 22 years old ( nothing else ) and her application for exemption was rejected . The exemption application of another caregiver in her late 30s with three pages of infractions committed when she was in her early 20s , received an approval in five months . Decisions vary depending on which analyst is handling the case .
There is also a shortage of caregivers that agencies can hire because the Department of Social Services is so inundated with work , and the process is very slow . A small error causes further delay and worse — sometimes it is considered a misrepresentation so the caregiver has to provide an explanation for the error and wait yet again . Sadly , some caregivers end up taking jobs elsewhere rather than wading through this process . If your agency has no fillins when your caregiver falls ill , any of these could be the reasons they do not have someone in the wings ready to jump in .
AGENCIES WERE SLAPPED WITH HUGE UNEXPECTED EXPENSES . Agencies were informed in October , and by January , they had to come up with a license fee that was not in their budget . Furthermore , new laws have also hit agency budgets with requirements to pay caregivers for sick time , travel time and mileage between two different clients . Also providing more paid-training is a hit to the budget . Of course , insurance costs have risen . All these expenses have compelled many agencies to increase cost of services .
State licensure is good for the industry , and protects our seniors . When the process starts to work , the State will have a system that promotes accountability . All caregivers placed by a licensed agency will have gone through a screening process , that involves thorough screening of their background for infractions that could be considered a threat to the safety of our adults-in-need and our seniors . Their social security numbers will be verified , their legal right to drive will be checked , and the State will ensure that registered caregivers have had the state-required TB test . Should a caregiver commit an infraction / crime while registered , the Department of Social Services ( DSS ) will automatically be informed . At this time , independent caregivers are not required to be registered , but there is talk that the DSS will be focusing on them next . If you happen to prefer to work with an independent contractor and you encounter one who has chosen to register independently , that is a big plus ! DO NOT ASSUME that all caregivers who are registered have strong qualifications . The screening does not include qualifying them for their ability to provide good care . This is the State ’ s way to screen out those with backgrounds that present a risk to our seniors and adults-in-need .
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GILROY • MORGAN HILL • SAN MARTIN MARCH / APRIL 2017 gmhtoday . com