46:11:09:02Responsibilities of a provider.

(1) A provider delivering services under this chapter shall ensure that each employee providing service coordination: (a) Is at least 21 years of age; (b) Has passed a criminal background check; (c) Is able to communicate effectively verbally and in writing; (d) Is able to follow written or verbal instructions provided by the participant, guardian, advocate, or family member of the participant; (e) Has the ability and skill necessary to meet the participant's needs as outlined in the ISP; (f) Has a degree in the field of human services, social work, sociology, or psychology, or has related field experience, or is the parent of a child with a developmental disability; (g) Is able to effectively utilize database and word processing computer software and the Internet; (h) Completes training provided by the division in the following areas: (i) Administration of the HCBS family support waiver; (ii) Individual service plan development; (iii) Available services; (iv) Defining, identifying, and reporting abuse, neglect, and exploitation; (v) Individual education programs pursuant to chapter 24:05:27; (vi) Developmental disability eligibility criteria; and (vii) ICAP training provided by the division; and (i) Has the ability to work independently upon completion of training. (2) A provider delivering services under this chapter shall ensure that each employee providing service coordination to individuals is trained on the minimum requirements necessary to address an individual's needs. Before a person delivers any service coordination to a participant, the person must receive an initial orientation covering: (a) The community service provider and its policies; (b) The provider's philosophy and mission; (c) Disability awareness; and (d) Specific duties and responsibilities of the employee. (3) The following training areas must be addressed within 30 days of the employee's start date: (a) Development, facilitation and monitoring of a person-centered ISP, including individualized emergency response; (b) Instruction in ethical principles related to positive behavior support techniques; (c) Adaptive technology available to enhance the participant's quality of life; (d) Community-based services and supports the participant may access; (e) Eligibility-based services and supports for which the participant may qualify and providers of those services; (f) Cultural competency training; (g) Participant rights in accordance with state and federal law; and (h) Trauma-informed care and support. (4) The provider shall document in the staff personnel record that training and the demonstration of competency were successfully completed. Documentation shall include: (a) Topic; (b) Date staff attended training; (c) Date competencies were verified; and (d) Name of person conducting training, (5) A provider delivering services under this chapter shall: (a) Have primary responsibility for preparing the participant's annual ISP and modifications as needed; (b) Ensure the health and safety of each participant receiving services according to this chapter; (c) Ensure that services provided are consistent with the participant's ISP and the provider agreement with the division; (d) Serve as an employer of record as defined in § 46:11:09:01 and a co-employer when the agency with choice model pursuant to § 46:11:09:07 is used; (e) Monitor and document the effectiveness of the implementation of the ISP on a quarterly basis; (f) Provide participants and their families with a written list of their rights in an accessible format or language that is easy to understand upon initiation of services and annually thereafter; (g) Submit reports and comply with all record-keeping required by the division; (h) Submit claims to the Department of Social Services for reimbursement; (i) Submit critical incident reports pursuant to § 46:11:09:05; (j) Ensure that each employee or subcontractor adhere to the division's qualifications for providing services pursuant to this chapter; (k) Maintain, transfer, and retain records pursuant to this chapter including all information related to invoicing; and (l) Have the following policies approved by the division and ensure that each employee or subcontractor is provided with adequate training: (i) Confidentiality; (ii) Drug-free workplace and drug screening; (iii) Grievance; (iv) Sexual harassment; (v) Abuse, neglect, or exploitation reporting; (vi) Safety; (vii) Universal precautions; and (viii) Proper lifting techniques and body mechanics, back safety, and risk factors for back injury.

Source: 40 SDR 102, effective December 3, 2013; 44 SDR 65, effective October 16, 2017; 46 SDR 66, effective November 27, 2019.