Self-Directed Services in Oklahoma

Self-Directed Services

in

Oklahoma

Lesson 3: Hiring Staff

This course was developed by Developmental Disabilities Services of the Oklahoma Department of Human Services and the Center for Learning and Leadership/UCEDD.

If you will be using the services of an SD-HTS, then the requirements for hiring staff will be very important to you. It is critical that you hire good, reliable staff. As the employer, you are required to follow DDS policy for hiring employees.

The SD-HTS must :

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permission to work in the United States (I-551 Visa/Green Card)

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using physical management techniques, etc.)

Remember, in Self Directed Services, family members cannot be paid employees.

When hiring staff, there are some basic employment laws that you must follow.

As an employer, you cannot discriminate on the basis of race, color, national origin, sex, age, religion, disability, or status as a veteran. You must pay employees at least the federal minimum wage.

You may have some additional requirements based on the needs of the individual receiving supports. For example, staff working with an active child need to be physically able to keep up with the child. Staff working with an adult who requires some lifting and transferring must be physically able to perform the duties of the job.

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There are benefits to having a job description for the SD-HTS employee. A well written job description can help you concentrate on the type of employee the individual needs. A job description can help narrow the search for the right person. If you develop a job description, include things like:

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There are many places to find a good SD-HTS.

Word of mouth is a great way to advertise. You might

talk to your family, friends and neighbors. You may want to advertise or post an announcement on your local college campus. Here are some ideas for finding good staff:

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in the speech and hearing department, social work department, education and early childhood education departments, in the library, in the student union, etc.

Note:You cannot include advertising costs in your budget.

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Each potential employee should complete a job application. This gives you a record of basic information about the individual and helps identify the best applicants.

The application should request information about past or current employers and references. You should review the applications, determine those to interview and schedule interviews.

A sample job application is included on the next page.

The interview will give time to talk with the applicants and learn more about them. It also gives the applicants time to see if they are truly interested in the position, if they want to work the hours for the salary offered and so on. You should always contact the references and employers listed on the application before making your final decision. Once you have made a decision about who you want to hire and the person has accepted the position, as a courtesy, you should contact the applicants who were not hired.

Self Directed Services Lesson 3: Staffing and Record Keeping

EMPLOYMENT APPLICATION

PERSONAL INFORMATION:

APPLICANT’SNAME: DATE:

STREET ADDRESS: CITY/STATE/ZIP: PHONE NUMBER: E-MAIL:

EMPLOYMENT ELIGIBILITY:

Are you currently employed: YES NO employment:

Date available for Are you 18 years of age or older? YES NO

EDUCATION:

High School Graduateor equivalent (GED)? YES NO

College? YES NO Graduate? YES NO if yes, degree: If you have receivedyour degree or have anylicenses or certifications,pleaseprovidedocumentationto Employer. LIST THREE PERSONAL REFERENCES:

(Name) (Address) (Phone Number) (Name) (Address) (PhoneNumber)

(Phone Number) (Name) (Address)

LIST PREVIOUS JOBS YOU HAVE HAD (BEGINNING WITH MOST RECENT): EMPLOYER’SNAME ANDADDRESS:

PHONE NUMBER: DATES OFEMPLOYMENT: REASONFOR LEAVING:

EMPLOYER’SNAME ANDADDRESS:

PHONE NUMBER: DATES OFEMPLOYMENT: REASONFOR LEAVING:

EMPLOYER’SNAME ANDADDRESS:

PHONE NUMBER: DATES OFEMPLOYMENT: REASONFOR LEAVING:

BRIEFLY LIST REASONS YOU SHOULD BE CONSIDEREDFORTHIS JOB:

APPLICANT ACKNOWLEDGEMENT

I certify that the facts contained in this application are true and complete to the best of my knowledge. I understand that any false statement, omission, or misrepresentation on this application is sufficient cause for refusal to hire, or dismissal if employer has employed me, no matter when discovered by employer.

I authorize this potential employer to investigate all statements contained in this application, and I authorize my former employers and references to disclose information regardingmy former employment, character and general reputation, without giving me prior notice of such disclosure.

I understand and agree that nothing contained in this application, or conveyed during any interview, is intended to create an employment contract. I further understand and agree that if I am hired, my employment will be“at will” and without fixed term, and may be terminated at anytime, with or without cause and without prior notice, at the option of either myself or this employer.No promises regarding employment have been made to me, and I understand that no such promise or guaranteeis binding upon this employer unlessmade in writing.

Each SD-HTS you hire is required to complete the following training courses: Before beginning to work:

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medications

will be administering

No later than 30 days following the date of hire:

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Within 90 days of the date of hire:

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Within six (6) months of the date of hire:

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In addition to the courses listed on the previous screen, there may be individual-specific training needs outlined in your Individual Plan with individual-specific timeframes for completion. This training is based on the unique needs of the individual receiving services. Examples of individual-specific training include:

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The following page is the DHS-DDS policy related to training for staff providing supports through an In-Home Supports Waiver.

Verification of completed training must be given to the fiscal agent. The fiscal agent will not pay your employee unless it can verify that the employee training has been completed and is current.

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DHS-DDS policy related to training for staff providing supports through an In-Home Supports Waiver

(a)Applicability. Oklahoma Administrative Code (OAC) 340:100-3-38.5 sets forth training requirements for staff providing direct supports funded through an

In-Home Supports Waiver (IHSW) in the family's or service recipient's home. Staff providing employment supports must complete training perOAC 340:100-3-38.2.

(b)New employee training. No later than 30-calendar days following the hire date, staff providing direct supports or supervising at any level the delivery of direct

supports must complete the online or first available Developmental Disabilities Services (DDS)-approved foundation training course and effective teaching course. The supervisory staff training requirement does not apply to the service recipient or representative who is self-directing services per OAC317:40-9-1.The person directing services per OAC317:40-9-1must complete the approved self-directed services training course. The first available class is the first unfilled class held within 60 miles of staff's work location following staff's hire date.

(c)First aid and cardio-pulmonary resuscitation (CPR).Direct support staff must be certified in an approved course of first aid and CPR before providing services

alone or with other untrained staff.

(1) First aid and CPR certification of staff must occur within 90-calendar days following the staff's hire date.

(2)The service recipient's Personal Support Team (Team) may determine, based on the service recipient's needs, that staff must receive first aid and CPR certification in less than 90-calendar days.

(d)Medication administration training. Staff must be certified in an approved medication administration course perOAC 340:100-3-38.10before administering medication to a service recipient or assisting with a service recipient's medication support plan.

(e)Individual-specific in-service training. Individual-specific in-service training is identified for direct support staff in the service recipient's Individual Plan

(Plan).

(1) Training requirements are based on the service recipient's identified needs through team discussion and review of available assessment information.

(2) The service recipient's Team specifies required completion time frames of individual-specific in-service training. When time frames are not identified in the Plan, required individual-specific in-service training must be completed before working with the service recipient.

(3)As the service recipient's needs require changes in supports or programs, the Team documents in the Plan or in addenda to the Plan, any new or additional in-service training required, with completion time frames.

(4)The Team identifies the person responsible for providing individual-specific training and verifies staff has knowledge and skills necessary to provide the identified services. Videos may be used when approved by the Team.

(f)Job-specific training. Staff must complete:

(1) within 90-calendar days after assignment date, Health course; and (2) within six months after assignment date:

(A) Communication course; and (B) Skill Building course.

(g)Specialized training. Additional specialized training courses may be required for direct support staff working with service recipients who have significant health,

physical or behavior support issues.

(1)Staff supporting a service recipient with a protective intervention protocol (PIP) that includes non-restrictive intervention techniques must be trained on these techniques before use.

(2) Completion of an approved behavior support course is required for staff supporting a service recipient with a PIP that:

(A) addresses challenging behavior that places the service recipient's physical safety, environment, relationships, or community participation at serious risk; and (B) contains one or more of these procedures:

(i) physical guidance to overcome resistance; (ii) physical guidance to move to safety; or (iii) physical hold to restrict movement.

(3)The approved behavior support course must be completed before working alone or with other untrained staff, but no later than 60-calendar days after starting work with the service recipient.

(4) Staff must complete the approved physical management course before using any technique of physical management identified in a PIP. (A) All staff must complete foundation training with the approved effective teaching course and behavior support course.

(B)Staff working with the service recipient implements the positive components of the Plan, as well as non-intrusive procedures to assist the service recipient during a crisis.

(C) The PIP must be reviewed and approved by the Statewide Human Rights and Behavior Review Committee. (D) Training in physical management procedures occurs only within the requirements per this subsection.

(E) Only staff and staff supervisors providing support to the service recipient are trained on use of a physical management procedure.

(F)Staff formally trained to use physical management procedures does not use those techniques with other service recipients, except in emergencies per OAC 340:100-5-57.

(G) Training curricula regarding behavior support are approved by the DDS human resource development director and behavioral supports director. (5) Training regarding physical management procedures must be obtained from trainers approved by the DDS human resource development director. (6) Staff must complete annual retraining on the physical management or physical restraint procedures in the approved PIP.

(h)Ongoing training. Direct support staff employed by approved provider agencies that provide services funded through an IHSW complete 12 hours of annual training.

(1) Annual training may come from:

(A)required re-certification classes in first aid, CPR, and medication administration training; (B) courses perOAC 340:100-3-38(b)(1);

(C) courses, conferences, or workshops approved by the DDS human resource development director; (D) individual-specific training; or

(E) agency-specific in-services.

(2)Direct support staff may challenge or test out of required annual recertification when an approved option is available. Training completion hours are granted equal to the number of hours for the standard recertification class.

(i)Certification of competency. When the service recipient, if applicable, legal guardian, or parent(s) of a minor service recipient determines the person chosen to

provide services demonstrated competency in providing care to the service recipient, the service recipient, legal guardian, or parent(s) may exempt the person from training requirements, per this Section, by signing Form 06IS037E, In-Home Supports Waiver - Certificate of Competency.

(1)The exemption from training is intended to allow a friend, neighbor, family member, or other person who has been trained and deemed competent by the service recipient, or if applicable, legal guardian or parent(s) of a minor service recipient to provide services.

(A) No person may coerce or in any way influence a service recipient, legal guardian, or family member to sign Form 06IS037E. (B) Violation of this prohibition may result in sanctions perOAC 340:100-3-27.

(3)When a service recipient, if applicable, legal guardian, or parent(s) of a minor service recipient chooses to exempt staff from training, neither the Oklahoma

Department of Human Services (DHS) nor the employing contract agency is liable in the event of harm attributable to lack of training, to the service recipient while in the care of contract agency staff.

(4)When an adult service recipient without a legal guardian chooses to exempt staff from training, training requirements are not waived without written concurrence, on Form 06IS038E, In-Home Supports Waiver - Family Member's Statement, from a parent(s) or family member closest to the service recipient.

(5) The provider agency employing the staff may require training not included in the exemption. (6) All staff, regardless of signed Form 06IS037E, must successfully complete:

(A) certification in first aid and CPR before working alone or with untrained staff, but no later than 90-calendar days after starting work with the service recipient; (B) an approved medication administration course perOAC 340:100-3-38.10; and

(C) individual-specific in-service training per (e) of this Section. (6) Form 06IS037E:

(A) is valid for no longer than one year from the signature date; and

(B)may be withdrawn at any time by the service recipient, if applicable, legal guardian, or parent(s) of a minor service recipient by writing to the DDS case manager and provider agency.

(7) DHS may withdraw the exemption from training at any time.

(j) Exceptions. Exceptions to training requirements per this Section may be made by the DDS director or designee.

Most if not all of the training is available at no cost, depending on your location. If not available in your area, there may be a cost for CPR, First Aid and medication administration training. Your case manager can help you contact your DDS training office to determine when and where classes are available.

In addition, DDS has an online version of several of the classes available through the College of Direct Support. To find out more about the online training classes for

your employees, contact Rene Stewart by phone 405-882-8620 or by email at

Rene.Stewart@okdhs.org. You can also request a copy of the quarterly training schedule.

Note: The American Red Cross requires CPR recertification each year and First Aid every three years. The American Heart Association requires recertification of CPR and First Aid every two years. Medication training must be renewed every 2 years.

If you hire an SD-HTS, through the In-Home Supports Waiver program, who has already demonstrated competence in caring for the individual receiving supports, such as a friend, neighbor, secondary family member, etc., policy allows you to

waive some of the training requirements. To waive these training requirements,

ask your case manager for a Certificate of Competency form. If a Certificate of

Competency is completed, a copy must be given to the fiscal agent and your case

manager. This does not apply to individuals supported through the Community

Waiver.

Note: It is important for you to know that when you complete and sign a

Certificate of Competency form, you are certifying that the SD-HTS has already

demonstrated competence in caring for the individual before becoming your paid employee .

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You will set the work schedule for your SD-HTS employees based on your needs and what has been approved in your budget. You will also outline and go over the job duties and requirements with the staff, making sure they follow the DDS and OHCA policies.

Your SD-HTS must keep daily progress notes. The notes should briefly describe the activities that occur during the staff work hours, any problems noted, high points, etc.

It is a good idea to verify that your staff has a valid driver’s license and auto

insurance, if expected to drive the individual to appointments, etc.

If staff are doing a good job, make sure you tell them. If they are not doing as well as you had expected, take the time to discuss areas where improvement is needed. Give the employee time to make improvement. In some cases, it will not work out and you may have to terminate the staff.

You have completed Lesson 3, an overview on hiring, training and supervising employees.

In Lesson 4, you will learn about developing and maintaining required records.

When all of the lessons are completed, you will hopefully have a better understanding of the Self-Directed Services option and whether it is right for you.

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