New Plan for PCA Programs
(published only online)
by Judy Elling
I attended the Department
of Human Services' PCA Provider Focus Group on August 12, 2005 to
listen, learn, and discuss the law and policy changes to the PCA
Services in the State of Minnesota . Part of the meeting focused
on the Human Services Background Studies Law effective July 1, 2005
(mentioned above and some organizations learned of this law after
July 1, 2005). I would like to inform you about this law and how
this law will affect our PCA Choice organization.
A representative of the DHS
Licensing Division was present and pointed out to the consumers,
providers, and other interested parties that this was not a DHS or
Licensing initiative, our Legislators drafted and passed this law.
She detailed the law as such: Any new PCA
or existing PCA (switching from another provider - with or without
a consumer) cannot have unsupervised direct contact with a client
until they have cleared the background study. Only an individual
with a cleared background check can provide the supervision (a parent,
family member, or responsible party can not supervise
the PCA).
The representative also informed
those attending that the law provides the DHS Licensing Division
access to all Minnesota county court databases and the DHS Licensing
Division will be conducting daily searches of county databases against
all pending and cleared background study participants. This will
allow DHS to identify when an individual in their background study
database commits an offense considered a violation of the background
clearance. If this happens, the DHS Licensing Division will notify
the PCA organization immediately to have that person removed from
providing direct care. The law also mandates the DHS Licensing Division
to complete all background studies within three days. Currently,
the DHS NetStudy (online background study) is completing background
studies in approximately 4.8 days. Background studies requested via
mail are taking from two weeks up to two months due to the division
currently experiencing a backlog.
To address this new
law, PCA Provider agencies received access
to the NetStudy requiring all new or switching PCAs to
providing agencies with their vital information upon the
consumer hiring them, in order to begin the background study process.
We are estimating at least a five-day waiting period for the background
clearance via NetStudy During this wait time, the PCA cannot
provide direct contact PCA services to the consumer unless supervised
by another background cleared PCA. The PCA can begin providing direct
care (without supervision) the day the agencies receive the background
clearance. We all understand this may be an inconvenience to the
PCAs and the consumers, however provider agencies have to
follow the law.
Issues
The PCA Choice law allows
consumers to be the supervisor/manager of their PCAs, however,
this new background law takes that right away when a consumer hires
a new PCA. It is understood and agreed that the law is important
for the protecting the most vulnerable people in our communities.
However, by not allowing the parent or consumer
to be the supervisor for a PCA without a cleared background study,
it is taking away the empowerment provided to the parent and consumer
from the PCA Choice law.
It also has the potential
to create time gaps in PCA service. Consumers and others have raised
questions regarding emergency need for a PCA. An example given
by a consumer may be a situation such as a
PCA suddenly quitting or becoming ill and their back-up PCA not able
to work. With this law they cannot have a new PCA start until after
the background clearance. So what are they supposed to do during
this time? Who is going to help them cook, bath, clean, get out of
bed for the 3 to 5 days while the PCA's background is being cleared?
Suggested Solution
With this in mind, I would
like to see the DHS Licensing Division look at streamlining the background
study process. DHS informed those present at the meeting that the
PCA provider number will travel with the PCA from one organization
to another, however, the background study will not. Every organization
a PCA is employed with must get a background study clearance for
that individual PCA. The DHS background study costs each organization
$20. This process is costly and time consuming for the DHS Licensing
Division and provider organizations. It also produces increased workloads
and backlogs in the processing of the background studies.
In light of the DHS checking
daily with the county databases, we would like to propose that the
DHS Licensing Division and the Legislature examine the idea of allowing
the background study to travel with the PCA Provider Number for
12 to 18 months from organization to organization. As long as there
is not a match from the county databases, every 12 to 18 months a
new background study is completed to update the system. This would
allow cost savings to both the DHS and Direct Care organizations,
lessen the workload and backlog for the DHS, and decrease consumer
concerns regarding time gaps in PCA services due to the background
studies.
