Providers

Purpose:

The purpose of this procedure is to provide guidelines and instructions to Public Authority team members for removing a Provider from the Registry.

Policy:

The Public Authority has the right to remove a Consumer or Provider from the Registry. At no time will the Registry deny a Provider’s right to be hired by a Consumer, or a Consumer’s right to employ a Provider. The Registry is a “Privileged and Optional” referral list.

The Public Authority is committed to providing excellent service. The Public Authority reserves the right to develop and enforce reasonable rules and regulations regarding the conduct of the Providers listed on the Registry. The Public Authority is a mandated reporting agency and must report any suspected abuse to Adult Protective Services or the local law enforcement. In decisions relating to the removal from the Registry, the Registry will consider two levels of offenses, minor and major.

Minor Offenses:

The Public Authority will remove a Provider from the Registry after two complaints of minor offenses that have been reported by one or more sources within a one-year period and have been deemed valid by Public Authority staff. The following is a list of causes for such action. Removal of a Provider from the Registry may be for reasons other than those mentioned below:

Not appearing for scheduled interviews without notice.
Being late for work without a reasonable cause.
Rudeness or inappropriate behavior toward a Consumer, a Consumer’s representative (e.g.: guardians or conservators) or other household member.
Refusal to do the authorized tasks.
Not performing requested authorized tasks during work hours.
Inadequate job performance.
Not returning IHSS related Consumer phone calls within a reasonable amount of time.
Failure to inform the Registry of any changes in work availability or changes in contact information (address and phone number).

Quitting Registry assignment without two weeks notice.
Not willing to cooperate with criminal background check or having a negative result from the criminal background check.

Major Offenses:

The Public Authority will remove a Provider from the Registry after one complaint of a major offense that has been deemed valid by Public Authority staff. The following is a list of causes for such action. Removal of a Provider from the Registry may be for reasons other than those specifically mentioned below.

Fraudulent activity of any type including timesheets.
No subcontracting (arranging for someone else to work for you) of hours.
Any type of abuse. (Refer to the Adult Protective Services handout & an APS report will be made).
Theft at the Consumer’s family’s home. (An APS report will be made).
Neglect of a Consumer. (An APS report will be made).
Dishonesty or misrepresentation related to job duties.
Unauthorized disclosure of confidential information relating to the Consumer.
Appearing intoxicated, being intoxicated or being under the influence or possession of illegal substance while working for the Consumer.
Asking the Consumer to supplement the allowable IHSS wage.
Absence from or leaving the job without notice.
Possession of a firearm or other dangerous weapons while on duty.
Conviction of a crime that indicates unfitness for the job.
Knowingly putting the Consumer in danger.
Being convicted of any felony crime.

Please be aware that for certain offenses committed, the Registry staff may report, or advise the Consumer to contact local law enforcement or Adult Protect Services, or both, if the Consumer feels in danger or believes the law has been violated.

Back to The Top

Mandated Reporting Responsibilities:

I, Care Provider, understand that as an In-Home Supportive Service Provider, I AM A MANDATED REPORTER. I am required by law to report any known incident of elder or dependent adult abuse. Failure to report is a misdemeanor. The following explains the law as it pertains to my role as an In-Home Supportive Services Provider.

California State Law Section 15630 of the Welfare and Institutions Code requires mandated reporters to report the knowledge or reasonable suspicion of an incident that appears to be PHYSICAL ABUSE, NEGLECT, ABANDONMENT, ISOLATION, FINANCIAL AND ABDUCTION. Reports are to be made to the County Social Services Department (APS) or to law enforcement by telephone immediately. A Suspected Dependent Adult/elder Abuse form (SOC 341) should be filled out by the provider or County Social Worker and returned to the County Social Services Department (APS) within two working days of the verbal report.

DEFINITIONS:

PHYSICAL ABUSE is intentional bodily injury. Some examples include slapping, pinching, kicking, shoving, or inappropriately using drugs or physical restraints.
ABANDONMENT occurs when a vulnerable adult is left without the ability to obtain necessary food, clothing, shelter, or health care. Signs of abandonment may include leaving an individual without protection in a public place or leaving an individual without appropriate protection in the individual’s own home.
ISOLATION consists of intentional acts to prevent an elder or dependent adult from receiving mail, telephone calls or visitors.
FINANCIAL ABUSE includes the theft, extortion, misappropriation, undue influence or the fraudulent taking of an elder or dependent adult’s money or property.
NEGLECT occurs when someone, either through action or inaction, deprives a vulnerable adult of care necessary to maintain physical or mental health or when a person neglects himself or herself. An example of neglect includes failure to make available or secure enough amounts of wholesome and nourishing food, clean water and appropriate clothing. Other examples of neglect include untreated bedsores, failure to routinely keep the person’s body, or parts of it, clean or unsanitary or unclean living conditions.
ABDUCTION is to take a person away unlawfully and by force or fraud to kidnap.

Back to The Top

Acknowledgment of Responsibilities:

Child Abuse

Section 11166 of the Penal Code requires any child care custodian, health practitioner, child visitation monitor, firefighter, animal control officer, humane society officer, clergy member or commercial and photographic print processor or employee of a child protective agency who has knowledge of or observes a child in his or her professional capacity or within the scope of his or her employment who he or she knows or reasonable suspects has been the victim of child abuse to report the known or suspected instance of child abuse to a child protective agency immediately or as soon as practically possible by telephone and to prepare and send a written report within 36 hours of receiving the information concerning the incident.

Section 11172 of the Penal Code states:

Any person who fails to report an instance of child abuse which he or she knows to exist or reasonably should know to exist, as required by this article, is guilty of a misdemeanor and is punishable by confinement in the county jail for a term not to exceed six months or by a fine of not more than one thousand dollars or by both that of imprisonment and fine.

Any child care custodian, health practitioner, firefighter, clergy member, animal control officer, humane society officer, or employee of a child protective agency, or child visitation monitor who, pursuant to a request from a child protective agency, provides the requesting agency with access to the victim of a known or suspected instance of child abuse shall not incur civil or criminal liability as a result of providing such report or such access.

In any of the above instances, such referrals are made to the Imperial County Child Protective Services Hotline at (760)337-7750.

Elder Abuse

Section 15630 of the Welfare and Institutions Code requires any care custodian, health practitioner, employee of an adult protective services agency or local law enforcement agency or any person who provides care or services who has knowledge of or observes an elderly or dependent adult in his or her professional capacity or within the scope of his or her employment, who he or she knows has been the victim of physical abuse, abduction, abandonment, isolation, financial abuse, or neglect (including self-neglect), or who has injuries under circumstances which are consistent with abuse where the elderly or dependent adult’s statement indicates, and/or other evidence indicates abuse has occurred, to report the known or suspected instance to an adult protective services or a local law enforcement agency immediately or as soon as practically possible by telephone and to prepare and send a written report thereof within two working days of receiving the information concerning the incident.

Reports are to be made to the Imperial County Adult Protective Services Program, 2999 S. 4th Street, El Centro, Ca 92243, at (760) 337-7878. This number is accessible 24 hours a day, 7 days a week. Fax number for the Adult Protective Services Program is (760) 336-3971.

Persons who report abuse which is alleged to have occurred in a long-term care facility are to be referred to the long-term care ombudsman coordinator, Carla Flores, at (760) 339-6457 or (800) 231-4024 or a local law enforcement agency.

Back to The Top

Confidentiality Policy:

California Welfare and Institutions Code Section 10850- Confidentiality of Records.

10850. (a) Except as otherwise provided in this section, all applications and records concerning any individual made or kept by any public officer or agency in connection with the administration of any provision of this code relating to any form of public social services for which grants-in-aid are received by this state from the United States government shall be confidential, and shall not be open to examination for any purpose not directly connected with the administration of that program, or any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such program. The disclosure of any information which identifies by name or address any applicant for or recipient of these grants-in-aid to any committee or legislative body is prohibited, except as provided in subdivision (b).

(b) Except as otherwise provided in this section, no person shall publish or disclose or permit or cause to be published or disclosed any list of persons receiving public social services. Any county welfare department in this state may release lists of applicant for, or recipients of, public social services, to any other county welfare department or the State Department of Social Services, and these lists or any other records shall be released when requested by any county welfare department or the State Department of Social Services. These lists or other records shall only be used for purposes directly connected with the administration of public social services. Except for those purposes, no person shall publish, disclose, or use permit or cause to be published, disclosed, or used any confidential information pertaining to an applicant or recipient.

As an In-Home Supportive Services Provider, I understand that I am not permitted to discuss information about any client unless it is within the performance of my job duties. I understand that should I disclose confidential information about a client for purposes other than in performing my duties, I can be charged with a misdemeanor crime and can be subject to disciplinary action, including termination of my employment.

Back to The Top