22 CCR 74880
California
Hospice Management Orientation and Annual Training Requirements.
22 CCR 74880
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22 CCR 74880
22 CCR 74880
§ 74880. Hospice Management Orientation and Annual Training Requirements.
(a)
A first-time Administrator or first-time Administrator Designee must satisfy subdivision (a)(1) or (a)(2) within the first 12 months of hire. For the purposes of this section, a “first-time Administrator” or “first-time Administrator Designee” means an individual who has never been designated or served as an Administrator or Administrator Designee at a hospice in the State of California.
(1)
A total of 24 hours of educational training in the management of a hospice including, but not limited to:
(A)
Hospice operations, administration, and services.
(B)
Human resource management.
(C)
Personnel onboarding.
(D)
Hospice regulatory requirements.
(E)
Hospice quality assessment and performance improvement.
(2)
A hospice certification program that includes, but is not limited to:
(A)
Identifying new practices to integrate quality assessment and performance improvement goals.
(B)
Understanding financial management, planning, and operations.
(C)
Hospice regulatory requirements.
(b)
A first-time Medical Director or first-time Medical Director Designee must satisfy subdivision (b)(1) or (b)(2) within the first 12 months of hire. For the purposes of this section, a “first-time Medical Director” or “first-time Medical Director Designee” means an individual who has never been designated or served as a Medical Director or Medical Director Designee at a hospice in the State of California.
(1)
A total of 24 hours of educational training in the clinical management of a hospice including, but not limiting to:
(A)
Providing medical direction and support for hospice patients and the patient's family and representatives.
(B)
Effective leadership and communication.
(C)
Ethical and professional conduct.
(D)
Hospice regulatory requirements.
(2)
A hospice certification program that includes, but is not limited to:
(A)
Providing medical direction and support for hospice patients and the patient's family and representatives.
(B)
Medical knowledge, including, but not limited to, medication and pain management, assessing and managing diagnoses and symptoms, hospice settings, and patient assessments.
(C)
Medical leadership and communication, including, but not limited to, ongoing support and education of hospice personnel.
(D)
Ethical and professional conduct.
(E)
Hospice regulatory requirements.
(c)
A first-time Director of Patient Care Services or first-time Director of Patient Care Services Designee must satisfy subdivision (c)(1) or (c)(2) within the first 12 months of hire. For the purposes of this section, a “first-time Director of Patient Care Services” or “first-time Director of Patient Care Services Designee” means an individual who has never been designated or served as an Director of Patient Care Services or Director of Patient Care Services Designee at a hospice in the State of California.
(1)
A total of 24 hours of educational training in the clinical management of a hospice including, but not limited to:
(A)
Providing clinical direction and support for hospice staff, hospice patients and the patient's family and representatives.
(B)
Effective leadership and communication.
(C)
Ethical and professional conduct.
(D)
Hospice regulatory requirements.
(2)
A hospice certification program that includes, but is not limited to, the following topics:
(A)
Patient care assessment and planning.
(B)
Patient care pain and symptom management.
(C)
Support, education and advocacy for patients, as well as patient's representatives, caregivers, and family.
(D)
Regulatory compliance and practical considerations.
(d)
Hospice management personnel must complete a minimum of 20 hours of new hire orientation training within 60 days of hire, as provided by the hospice. Hospice management personnel hired prior to the promulgation of these regulations are exempt from this training requirement. New hire orientation training for hospice management personnel must include, but is not limited to:
(1)
A minimum of one hour total reviewing, identifying, and discussing the administrative, oversight, and investigative responsibilities of the following public entities:
(A)
California Department of Public Health.
(B)
California Department of Justice, Office of the Attorney General.
(C)
California Department of Health Care Services.
(D)
California Department of Social Services.
(E)
Centers for Medicare and Medicaid Services.
(F)
U.S. Department of Health and Human Services, Office of Inspector General.
(G)
U.S. Department of Justice.
(2)
A minimum of one hour total reviewing, identifying, and discussing the Department's current hospice licensing requirements, including, but not limited to:
(A)
Health and Safety Code, Division 2, Chapter 8.5.
(B)
Title 22 of the California Code of Regulations, Division 5, Chapter 6.5.
(C)
All applicable requirements for initial licensure, inspections, change of ownership, report of changes, multiple locations, and license renewals pursuant to Article 2 of this chapter.
(3)
A minimum of six hours total reviewing the following:
(A)
Basic hospice services including, but not limited to:
(i)
Physician qualifications and responsibilities, including, but not limited to, the hospice Medical Director, hospice physician, and attending physician.
(ii)
Skilled nursing and licensed vocational nursing personnel qualifications and responsibilities.
(iii)
Social work and counseling personnel qualifications and responsibilities.
(iv)
Bereavement counseling personnel qualifications and responsibilities.
(v)
Volunteer qualifications and responsibilities.
(vi)
Home health aide qualifications and responsibilities.
(vii)
Inpatient care arrangements.
(B)
Hospice administration, including, but not limited to:
(i)
The responsibilities and administrative policies of the hospice's governing body, including development, administration, and required content.
(ii)
The responsibilities and qualifications of the hospice Administrator, Director of Patient Care Services, and Medical Director.
(C)
Human resource management, including, but not limited to:
(i)
The Americans with Disabilities Act, The Civil Rights Act of 1991, The Rehabilitative Act of 1993, and The Family and Medical Leave Act of 1993.
(ii)
Employee and volunteer requirements, including, but not limited to, state and federal exclusion lists, health screenings, initial and annual competency evaluations, orientation, and education.
(iii)
The written agreement content requirements for contracted services including, but not limited to, vendor, facility, and provider services.
(iv)
The requirements for human resource policies and procedures and how they will be implemented.
(4)
A minimum of six hours total reviewing hospice policies and procedures, including, but not limited to:
(A)
The hospice's emergency preparedness plan, including, but not limited to:
(i)
Risk assessment.
(ii)
Training and testing.
(iii)
Implementation.
(iv)
Communication plan.
(v)
Evaluation.
(vi)
Compliance with state and federal statutory and regulatory requirements.
(B)
The hospice's infection control program, including, but not limited to:
(i)
Infection control education to personnel, contracted providers, volunteers, patients, patient's families, and caregivers on the science of infectious disease transmission.
(ii)
Prevention measures to minimize the spread of infections and communicable diseases through daily activities such as hand hygiene, respiratory hygiene, cough etiquette and the use of personal protective equipment.
(iii)
Surveillance and monitoring for compliance with hospice policies and procedures related to infection control.
(iv)
Reporting all cases of outbreak or undue prevalence of infections or parasitic disease or infestation to the local health officer and the Department in accordance with applicable law.
(v)
Measures for investigating outbreaks.
(C)
Complaint management, including, but not limited to:
(i)
Documentation required for hospice patients or patient's families to submit a complaint.
(ii)
Investigation and review of received complaints.
(iii)
Follow-up requirements to resolve a complaint.
(iv)
Safety management, such as real or potential threats to the health or safety of personnel or patients.
(v)
Criminal misconduct, including investigation and reporting requirements of abuse, neglect, and exploitation to the appropriate law enforcement agency.
(D)
Fraud, waste, and abuse, including, but not limited to:
(i)
Training to personnel, contracted providers and volunteers on how to prevent fraud, waste and abuse. Personnel, contracted providers, and volunteers must also be trained on how and when to report instances or allegations of fraud, waste, and abuse in accordance with applicable state and federal reporting requirements.
(ii)
Surveillance and monitoring for compliance with hospice policies and procedures related to fraud, waste, and abuse.
(iii)
Patient rights and protection from retaliation by personnel, contracted providers, or volunteers.
(E)
Patient medical records, including, but not limited to:
(i)
Required content, pursuant to section 74892.
(ii)
Proper documentation of services, pursuant to section 74892.
(iii)
Proper storage and maintenance, pursuant to sections 74892 and 74896.
(iv)
The Health Insurance Portability and Accountability Act requirements, including, but not limited to, the privacy rule requirements pursuant to Title 45 of the Code of Federal Regulations parts 160 and 164, subparts A and E; the security rule requirements pursuant to Title 45 of the Code of Federal Regulations parts 160 and 164, subparts A and C; the breach notification rule requirements pursuant to Title 45 of the Code of Federal Regulations part 164, subpart D; and the confidentiality of substance use disorder patient records pursuant to Title 42 of the Code of Federal Regulations part 2, subpart A, if applicable.
(v)
California confidentiality laws including, but not limited to, the confidentiality of medical information requirements pursuant to the Confidentiality of Medical Information Act; medical breach reporting requirements pursuant to Health and Safety Code section 1280.15; patient rights to access health records pursuant to Health and Safety Code Division 106, Part 1, Chapter 1; patient human immunodeficiency virus testing protections pursuant to Health and Safety Code Division 105, Part 4, Chapter 7; and the Information Practices Act of 1977, if applicable.
(F)
Controlled substance management, including, but not limited to:
(i)
Prescribing.
(ii)
Dispensing.
(iii)
Administering.
(iv)
Accountability, including, but not limited to, receipt and reconciliation of controlled substances.
(v)
Storage.
(5)
A minimum of six hours total reviewing hospice patient care requirements, including, but not limited to:
(A)
Hospice Admission.
(B)
Patient rights and responsibilities, including, but not limited to:
(i)
Policies and procedures.
(ii)
Required notifications including, but not limited to, change in advance directives, change in address or telephone number, or a problem or dissatisfaction with patient care.
(iii)
Uniform Health Care Decisions Act requirements.
(iv)
California End of Life Option Act requirements.
(C)
Initial and comprehensive assessments pursuant to section 74864 subdivisions (a) and (b).
(D)
Plan and coordination of care pursuant to section 74868.
(E)
Live patient discharge or transfer.
(F)
Patient discharge by death.
(6)
New hire orientation training must also include a minimum of one additional hour total if the hospice maintains optional services including, but not limited to, physical therapy, occupational therapy, and speech-language pathology therapy. This additional training must include information on the qualifications and responsibilities of all personnel of those services.
(e)
In addition to subdivision (d), all hospice management personnel must complete a minimum of 12 hours of annual training. For the purposes of this section, “annual” means each 12-month period starting from the individual's date of hire. Annual training for hospice management personnel must include, but is not limited to:
(1)
A minimum of six hours reviewing hospice policies and procedures, including, but not limited to:
(A)
The hospice's emergency preparedness plan as described in subdivision (d)(4)(A).
(B)
Infection control program as described in subdivision (d)(4)(B).
(C)
Complaint management as described in subdivision (d)(4)(C).
(D)
Fraud, waste, and abuse as described in subdivision (d)(4)(D).
(E)
Patient medical records as described in subdivision (d)(4)(E).
(F)
Controlled substance management as described in subdivision (d)(4)(F).
(2)
A minimum of six hours total reviewing hospice patient care requirements as described in subdivision (d)(5).
(f)
Training and certification programs completed by hospice management personnel must be in the form of structured, formalized classes, correspondence courses, competency-based computer courses, training videos, distance learning programs, off-site training courses, or any combination of these training methods. If the training or certification program is not provided by the hospice, it must be provided by a certified or accredited training provider.
(g)
A hospice must not accept training or certification programs completed by the individual prior to their first day of employment at the hospice as credit toward the new hire orientation or annual training requirements of this section.
(h)
Hospice management personnel are not required to repeat new hire orientation training requirements if they previously held a hospice management personnel position at the same hospice where they are starting a new management position and have previously completed the new hire orientation training requirements of subdivision (d).
(i)
A hospice must maintain documentation of all training or certification programs completed by hospice management personnel. This documentation must include but is not limited to:
(1)
The name of the training or certification program.
(2)
The name of the participant that attended the training or certification program.
(3)
A description of the content of the training or certification program.
(4)
The name and contact information of the entity that provided the training or certification program.
(5)
The name of the instructor who provided the training or certification program.
(6)
The hours and dates the participant attended the training or certification program.
(7)
A completion certificate for the training or certification program signed by the participant and the participant's supervisor.
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