Careers

Prohibiting the Violation of Individual’s Rights

FOTS Home Care recognizes that the Individuals served by FOTS Home Care is part of the at risk population and recognizes that it is the duty of all employees and agents of FOTS Home Care to ensure the rights of the Individuals served are not infringed upon. In recognition of this, all employees and agents of FOTS Home Care are prohibited from abusing, neglecting, exploiting, or mistreating any Individual and will not violate any Individual’s rights. All employees and agents of FOTS Home Care will be trained on this policy and procedure prior to working with any Individuals and annually thereafter to ensure the rights of all Individuals served by FOTS Home Care are protected.

FOTS Home Care prohibits all employees and agents from violation an Individual’s rights, including but not limited to:

A.  Abuse, neglect, exploitation, or mistreatment of an Individual;
B.  Violating an Individual’s rights;
C.  Corporal punishment, including: forced physical activity, hitting, pinching, the application of painful or noxious stimuli, the use of electric shock, or the infliction of physical pain;
D.  Seclusion by placing an Individual alone in an area from which exit is prohibited;
E.  All emotional and verbal abuse towards the Individual including but not limited to communicating with words or actions in a person’s presence with intent to: cause the Individual to be placed in fear of retaliation; cause the Individual to experience emotional distress or humiliation; cause others to view the Individual with hatred, contempt, disgrace or ridicule; or cause the Individual to react in a negative manner which also includes screaming, swearing, name-calling, belittling, or other verbal activity that may cause damage to an Individual’s self-respect or dignity;
F.  A practice which denies the Individual of any of the following without a physician’s order: sleep, shelter, food, drink, physical movement for prolonged periods of time, medical care or treatment, or the use of bathroom facilities;
G.  Work or chores benefiting others without pay or a practice which denies the Individual work or chores benefiting others without pay or pay below minimum wages unless: FOTS Home Care has obtained a certificate from the United States Department of Labor authorizing the employment of works with a disability at special minimum wage rates; The services are being performed by an Individual in an Individual’s own residence as a normal and customary part of housekeeping and maintenance duties; or an Individual desires to perform volunteer work in the community.

Procedure:

FOTS Home Care follows a zero tolerance for any and all types of rights violations involving an Individual. This means that FOTS Home Care will uphold the right of all Individuals served by FOTS Home Care to be the best of its employee’s and agent’s ability and ensure all Individuals are treated with dignity, respect, and be free from abuse, neglect, exploitation, and mistreatment. If a violation of an Individual’s rights, a violation of other policies and procedures, or other reportable incidents occur, the alleged employee will be suspended immediately pending the outcome of an internal investigation. Immediate necessary steps will also be taken by FOTS Home Care to protect the Individual who has been an alleged victim of abuse, neglect, exploitation, or mistreatment. If the internal investigation substantiates the action made, termination of the employee or employees involved will be effective immediately following the conclusion of the investigation.

FOTS Home Care will:

A. Provide training and education prohibiting the violation of Individual’s rights and reportable incidents to all employees and agents during initial orientation and annually thereafter.;
B. Estigate every allegation of a violation of an Individual’s rights and reportable incidents involving Individuals served by FOTS Home Care;
C. Implement corrective actions, up to and including termination of an employee or agent who have violated an Individual’s rights;
D. Employees will immediate report to their supervisor and the supervisor will complete an incident report for all incidents required and included in IAC 460-6-9-5 within 24 hours of the report being made, and ensure the following parties receive copies of all reportable incidents: FOTS Home Care’s Executive Director, the Bureau of Developmental Disabilities Services (BDDS), the Individual’s Case Manager (CM), the Individual’s legal representative and guardians.
E. For reports of abuse or neglect, Child Protective Services (CPS)/Adult Protective Services (APS), and the Police, if applicable, will be notified of all reports of abuse and neglect.
F. For all reports of abuse or neglect, the Executive Director of FOTS Home Care or Executive Director;s designee will conduct all internal investigations, unless the allegation involves the Executive Director. In such a case, the President/Owner of FOTS Home Care will conduct the internal investigation.

In the hope of preventing abuse, neglect, exploitation, or mistreatment of an Individual, FOTS Home Care requires background checks for all prospective employees and agents. These checks include a criminal history, nurses aide registry search, and CPS and APS background checks if applicable.

Employees must sign an “Employee Acknowledgement” of all FOTS Home Care policies and procedures acknowledging that each employee is aware of FOTS Home Care’s policy and procedure on prohibiting violations of Individual’s rights.

Employees will be provided a copy of all of FOTS Home Care’s policies and procedures and the acknowledgement of the policies and procedures will be stored in each employee’s personnel file.

Reporting

All employees and agents of FOTS Home Care must be on the lookout for any indications of abuse, neglect, or exploitation of the Individuals served.

All employees or agents of FOTS Home Care who know or suspect that abuse, neglect, or exploitation may be occurring, should report to their supervisor immediately. If the employee’s or agent’s supervisor is the alleged perpetrator of abuse, neglect, or exploitation, then the employee or agent should report to the Executive Director of FOTS Home Care. If the supervisor and Executive Director are the alleged perpetrators, the employee or agent should contact the Police, APS/CPS, or the BDDS as applicable.

All incidents should be reported immediately no matter who the alleged perpetrator is or who the victim is. FOTS Home Care will protect and not penalize anyone who attempting to protect an Individual from abuse, neglect, or exploitation

FOTS Home Care does not tolerate harassment of employees or agents by other employees or agents in order to prevent reports of abuse, neglect or exploitation from being made.
If an employee or agent is aware of abuse, neglect, or exploitation and fails to report the incident, the employee or agent could also be in breach of FOTS Home Care policy and may be liable to the same disciplinary actions as committing the abuse, neglect, or exploitation.

If disciplinary action is taken, FOTS Home Care will not tolerate any future failure to report abuse, neglect, or exploitation by the employee or agent and all disciplinary action taken will be documented in the employee or agent’s personnel file by the employee or agent’s supervisor.

Investigations

1. When a report of a violation of an Individual;s rights, or a violation of FOTS Home Care policies and procedures is received by FOTS Home Care, the Executive Director of FOTS Home Care must be notified immediately.
2. After notification, the Executive Director or the Executive Director’s designee will immediately begin an investigation into the incident.
3. If an employee or agent of FOTS Home Care is involved in the incident, the employee or agent will be immediately suspended pending the outcome of the investigation.
4. Action will be immediately taken after receiving the report to ensure the health and safety of the Individual or Individuals involved including but not limited to: removing the involved employee or agent of FOTS Home Care from the area, calling 911 for assistance from police or emergency medical professionals if applicable, and providing first aid and contacting the Individual or Individuals’ doctors.
5. Once the Individual or Individuals’ health and safety is assured, the Executive Director or Executive Director’s designee will follow FOTS Home Care Internal Investigation policy for the completion and documentation of the investigation.

Definitions:

Physical Abuse
Any act of omission or an act that endangers a person’s physical or mental health. This definition includes any non-accidental physical injury caused by a caretaker. Physical abuse may result from punishment that is overly punitive or inappropriate to the individual’s age or condition. In addition, physical abuse may result from purposeful acts that pose serious danger to the physical health of a child, youth or adult with intellectual disabilities.
Physical abuse is generally defined as “any non-accidental physical injury” and can include striking, kicking, burning, or biting the child, or any action that results in a physical impairment of the child. The definition of abuse also includes acts or circumstances that threaten the child with harm or create a substantial risk of harm to the child’s health or welfare.

Neglect
Neglect is frequently defined in terms of deprivation of adequate food, clothing, shelter, medical care, or supervision. Medical neglect is also included in this provision and is defined as the failing to provide any special medical treatment or mental health care needed. In addition, medical neglect is the withholding of medical treatment or nutrition.
Emotional Abuse

Emotional abuse or mental injury to a person is typical language used in these definitions is “injury to the psychological capacity or emotional stability of an individual as evidenced by an observable or substantial change in behavior, emotional response, or cognition,” or as evidenced by “anxiety, depression, withdrawal, or aggressive behavior.”
Sexual Abuse
Sexual abuse means unwanted physical conduct of a sexual nature, sexual contact or sexualized behavior and may include, by example, touching, fondling, other physical contact and sexual relations.

Sexual Harassment
Sexual harassment is any unwanted sexual advance or demand, either verbal or physical that is reasonably perceived by the recipient as demeaning, intimidating or coercive. Sexual harassment must be understood as an exploitation of a power relationship rather than as an exclusively sexual issue. Sexual harassment includes, but is not limited to, the creation of a hostile or abusive working environment resulting from discrimination on the basis of gender.

Verbal & Non-verbal
Forms of communication which threaten or which demonstrates disrespect for the individual.

Financial
Any misappropriation or misuse of assets or use of an individual’s finances that is detrimental to the individual’s care.

Exploitation of an individual’s Property or Person/ Theft
Unlawfully withholding an individual’s property or possessions (including the individual’s food, and items of little monetary value); other than in situations where the individual’s safety and/or safety of individual’s possessions is at risk and the property has been placed in safe keeping for the individual and is documented in his or the individual’s plan of care.

Provider Complaint Procedure

FOTS Home Care Complaint Procedure is designed to ensure that all Individuals who are served by FOTS Home Care may utilize the procedure to resolve any and all issues or problems that may arise with their services from FOTS Home Care. All Individuals who receive services from FOTS Home Care will be informed of this procedure in writing and in the Individual’s usual mode of communication.

Procedure

It is the right of all Individuals who receive services from FOTS Home Care to file a complaint with any employee of FOTS Home Care and this procedure ensures the protections of the rights of all Individuals served by FOTS Home Care. FOTS Home Care will assist Individuals with the resolution of complaints or any other applicable appeal procedures and processes as requested by the Individual, or Individual’s legal representative.

An Individual or Individual’s legal representative may file a complaint with any employee of FOTS Home Care. Within 24 hours of receiving a complaint, the employee of FOTS Home Care will notify the CEO or designee of the CEOr of the complaint.

A. Once the complaint has been received by the CEO or designee of the CEO, they have five (5) calendar days to investigate the complaint.
B. A decision will be completed and communicated with the complainant within fourteen (14) calendar days of the employee of FOTS Home Care having received the complaint.

C. Once the decision has been completed and communicated, the complainant has ten (10) calendar days to request a CEO Review of the decision.

D. If a CEO Review has been made by the complainant, the CEO or designee of the CEO has five (5) calendar days to meet with the complainant.

E. Within five (5) days of the CEO Review, a written report will be sent to the complainant.

F. If the complainant wants to appeal the decision, the complainant must submit an appeal request to the President within ten (10) calendar days of receiving the CEO Review.

G. An appeal hearing will be held within fifteen (15) calendar days of FOTS Home Care receiving the appeal request. The hearing will include: Complainant, Legal Representatives of complainant, Advocates, Case Manager, Supervisors, CEO, and President.

H. Within five (5) calendar days of the appeal hearing, a written report of the hearing and the final decision of the complaint will be issued to all who attended the appeal hearing.

Protection of an Individual – Individual Freedoms

All employees and agents of FOTS Home Care whether the employees and agents who have direct or indirect contact with the Individuals served by FOTS Home Care will ensure the following:

1. That each Individual is free from unnecessary medications and physical restraints which will be done by limiting the use any and all of physical restraints except only when a behavioral emergency occurs;

All employees and agents of FOTS Home Care whether the employees and agents have direct or indirect contact with the Individuals served by FOTS Home Care will ensure all Individuals served by FOTS Home Care:

1. Have the opportunity for personal privacy;
2. Are not compelled to provide services for a provider;
3. Those Individuals who work voluntarily for a provider are compensated at the prevailing wage, and commensurate with the Individual’s abilities;
4. Have the opportunity to communicate, associate, and meet privately with persons of the Individual’s choosing;
5. Have the means to send and receive unopened mail;
6. Have access to a telephone with privacy for incoming and outgoing local and long distance calls at the Individual’s expense;
7. Are provided with the opportunity to participate in social, religious, and community activities;
8. Have their funds and property protected from misuse or misappropriations; and
9. Have the right to retain and use appropriate personal possessions and clothing.

   FOTS Home Care will ensure all of an Individual’s freedoms are protected through the following steps:

   1. All employees will be trained and educated on this policy and on the rights of all Individuals during initial orientation and then annually thereafter.
   2. The FOTS Home Care Individual Handbook will include this policy and will be provided to each Individual, Individual’s legal representative, guardian, or advocate when the Individual begins receiving services from FOTS Home Care.
   3. The Executive Director of FOTS Home Care or designee of the Executive Director will be available to accept any complaint in a timely manner that involves the violation of an Individual’s freedoms.
   4. All complaints will be investigated and or reported to the appropriate agencies as applicable.
   5. Individuals, Individual’s legal representatives, guardians, or advocates expressing complaints will receive a response which will be both written and in the Individual’s usual mode of communication within 7 days of receiving the complaint.
   6. FOTS Home Care will make every effort to resolve all complaints to the Individual’s legal representative, guardian, or advocate’s satisfaction.
   7. The Individual’s Case Manager will be made aware of any complaints as the Individual’s next team meeting or sooner if required.

FOTS Home Care follows a zero tolerance for any and all types of rights violations involving an Individual. This means that FOTS Home Care will uphold the right of all Individuals served by FOTS Home Care to be the best of its employee’s and agent’s ability and ensure all Individuals are treated with dignity, respect, and be free from abuse, neglect, exploitation, and mistreatment. If a violation of an Individual’s rights, a violation of other policies and procedures, or other reportable incidents occur, the alleged employee will be suspended immediately pending the outcome of an internal investigation. Immediate necessary steps will also be taken by FOTS Home Care to protect the Individual who has been an alleged victim of abuse, neglect, exploitation, or mistreatment. If the internal investigation substantiates the action made, termination of the employee or employees involved will be effective immediately following the conclusion of the investigation.

FOTS Home Care will:

1. 1. Provide training and education prohibiting the violation of Individual’s rights and reportable incidents to all employees and agents during initial orientation and annually thereafter.;
   2. Investigate every allegation of a violation of an Individual’s rights and reportable incidents involving Individuals served by FOTS Home Care;
   3. Implement corrective actions up to and including termination of an employee or agent who have violated an Individual’s rights;
   4. Employees will immediate report to their supervisor and the supervisor will complete an incident report for all incidents within 24 hours of the report being made, and ensure the following parties receive copies of all reportable incidents
   5. For reports of abuse or neglect, Child Protective Services (CPS)/Adult Protective Services (APS), and the Police, if applicable, will be notified of all reports of abuse and neglect.
   6. For all reports of abuse or neglect, the Executive Director of FOTS Home Care or Executive Director;s designee will conduct all internal investigations, unless the allegation involves the Executive Director. In such a case, the President/Owner of FOTS Home Care will conduct the internal investigation.

1. In the hope of preventing abuse, neglect, exploitation, or mistreatment of an Individual, FOTS Home Care requires background checks for all prospective employees and agents. These checks include a criminal history, nurses aide registry search, and CPS and APS background checks if applicable.
2. Employees must sign an “Employee Acknowledgement” of all FOTS Home Care Solutions handbook, acknowledging that employee is aware of FOTS Home Care’s policy on prohibiting violations of Individual’s rights.

Reporting

1. All employees and agents of FOTS Home Care must be on the lookout for any indications of abuse, neglect, or exploitation of the Individuals served.
2. All employees or agents of FOTS Home Care who know or suspect that abuse, neglect, or exploitation may be occurring, should report to their supervisor immediately. If the employee’s or agent’s supervisor is the alleged perpetrator of abuse, neglect, or exploitation, then the employee or agent should report to the Executive Director of FOTS Home Care. If the supervisor and Executive Director are the alleged perpetrators, the employee or agent should contact the Police, APS/CPS, or the BDDS as applicable.
3. All incidents should be reported immediately no matter who the alleged perpetrator is or who the victim is. FOTS Home Care will protect and not penalize anyone who attempting to protect an Individual from abuse, neglect, or exploitation
4. FOTS Home Care does not tolerate harassment of employees or agents by other employees or agents in order to prevent reports of abuse, neglect or exploitation from being made. 
5. If an employee or agent is aware of abuse, neglect, or exploitation and fails to report the incident, the employee or agent could also be in breach of FOTS Home Care policy and may be liable to the same disciplinary actions as committing the abuse, neglect, or exploitation.
6. If disciplinary action is taken, FOTS Home Care will not tolerate any future failure to report abuse, neglect, or exploitation by the employee or agent and all disciplinary action taken will be documented in the employee or agent’s personnel file by the employee or agent’s supervisor.
7. For all violations of FOTS Home Care’s policies and procedures, employees and agents of FOTS Home Care should immediately report the violation to their supervisor or the Executive Director of FOTS Home Care

Investigations

1. When a report of a violation of an Individual;s rights, or a violation of FOTS Home Care policies and procedures is received by FOTS Home Care, the Executive Director of FOTS Home Care must be notified immediately.
2. After notification, the Executive Director or the Executive Director’s designee will immediately begin an investigation into the incident.
3. If an employee or agent of FOTS Home Care is involved in the incident, the employee or agent will be immediately suspended pending the outcome of the investigation.
4. Action will be immediately taken after receiving the report to ensure the health and safety of the Individual or Individuals involved including but not limited to: removing the involved employee or agent of FOTS Home Care from the area, calling 911 for assistance from police or emergency medical professionals if applicable, and providing first aid and contacting the Individual or Individuals’ doctors.
5. Once the Individual or Individuals’ health and safety is assured, the Executive Director or Executive Director’s designee will follow FOTS Home Care Internal Investigation policy for the completion and documentation of the investigation.

Disciplinary Policy

FOTS Home Care expects all employees and agents of FOTS Home Care to comply with standards laid out in FOTS Home Care’s policies and procedures, and that any noncompliance with these standards must be corrected.

Under normal conditions, FOTS Home Care endorses a policy of progressive discipline, which provides employees and agents with notices of deficiencies and an opportunity to improve. FOTS Home Care does, however, retain the right to administer discipline in any manner FOTS Home Care determines is needed. This policy does not modify the status of employees and agents-at-will or in any way restrict FOTS Home Care’s right to bypass the disciplinary procedures suggested.

If it is reported or suspected, through work-related behavioral criteria such as excessive tardiness or failure to complete job duties as assigned, an employee or agent is under the influence of alcohol or illicit drugs, FOTS Home Care retains the right to initiate a substance abuse screening. Substance abuse screenings may occur randomly, regardless of work-related behavioral criteria.

When a report of alleged, suspected, or actual abuse, neglect, exploitation, or mistreatment of an individual has been made, FOTS Home Care shall provide the alleged, suspected, or actual perpetrator’s name in the report and suspend the alleged, suspected, or actual perpetrator immediately, pending an investigation. The incident will also be reported to Adult Protective Services (APS) or Child Protective Services (CPS) as applicable. If there is a substantiated charge of abuse, neglect, exploitation, or mistreatment, the employee or agent will be terminated.

The typical application of progressive discipline is:

a. If an employee or agent is not meeting FOTS Home Care’s standards, the employee or agent’s supervisor may take the following action:

i. Meet with the employee or agent to discuss the matter;
ii. Inform the employee or agent of the nature of the problem and the action necessary to correct it; and
iii. Prepare a memorandum for the supervisor’s own records indicating that a meeting has taken place.
iv. Complete any retraining with the employee or agent necessary and test competency if applicable.

b. If there is a second occurrence, the supervisor may hold another meeting with the employee or agent and take the following action:

i. Issue a written discipline form to the employee or agent and request their signature;
ii. Warn the employee or agent that a third incident will result in more severe disciplinary action;
iii. Complete any retraining necessary with the employee or agent and test competency if applicable; and
iv. Prepare and forward to the Executive Director a written report describing the first and second incidents and summarizing the action taken during the meeting with the employee or agent. This information will be included in the employee or agent’s personnel file.

c. If there are additional occurrences, the supervisor may take the following action, depending on the severity of the conduct:

i. Issue a written warning;
ii. Suspend the employee or agent for up to five paid or unpaid working days; or
iii. Suspend the employee or agent indefinitely and recommend termination.
iv. If the employee or agent is retained by the company, complete any retraining necessary and test competency if applicable.

Personnel Policy

 It is the policy of FOTS Home Care to ensure that prior to any owner, director, officer, employee, contractor, subcontractor, or agency performing any management, administrative or direct service to an Individual on behalf of FOTS Home Care, a copy of the following will be obtained and retained as part of the personnel file for each employee/agent of FOTS Home Care:

1. Verification that the employee or agency is at least eighteen (18) years of age.
2. A copy of a current driver’s license for each consultant who transports Individuals in a motor vehicle;
3. For employees and agents who transport Individuals in their personal vehicles, proof of current vehicle insurance;
4. Evidence that a criminal history search
5. A negative TB (tuberculosis) screening dated prior to the employee providing services for all employees, which includes administrative and clerical employees. The TB screening must be a signed and dated statement from the health department or other entity authorized to screen for TB or evidence of a negative chest x-ray is required for Individuals with a positive TB skin test, followed by annual symptom screenings by a licensed medical professional. A health screening signed by a licensed medical professional is required in the case of pregnancy.
6. A record of current CPR certification by the American Red Cross, the American Heart Association, The National Safety Council, the American Health and Safety Institute, or the Emergency Care and Safety Institute for all employees that work with Individuals. The record excludes “hands-only” certification programs.
7. A copy off current licensure,certification, or registration for consultants whose job duties require;
8. A professional registry search, including a state nurse aide registry search for professionally-licensed employees (including the owner, officer, director, employee, contractor, subcontractor or agent) that is free of citations for malpractice, malfeasance, or other unprofessional actions.
9. Verified residency status in the United States.

1. The criminal history search shall include evidence that a criminal history search was obtained from every state (including the Indiana Central Repository at https://mycase.in.gov/) and county, wherever located, in which an owner, officer, director, employee, contractor, subcontractor or agent involved in the management, administration, or provision of services has resided and/or worked during the three (3) years before the criminal history is requested from the county. The Indiana State search must be an Indiana State Police Limited Criminal History Search.

2. The criminal history search shall include evidence that a criminal history search was obtained from every state (including the Indiana Central Repository at https://mycase.in.gov/) and county, wherever located, in which an owner, officer, director, employee, contractor, subcontractor or agent involved in the management, administration, or provision of services has resided and/or worked during the three (3) years before the criminal history is requested from the county. The Indiana State search must be an Indiana State Police Limited Criminal History Search.
(a) The criminal history as mentioned in section 1.d. will ensure all employee and agents are free from felony convictions that include:
(i) A sex crime;
(ii) Battery;
(iii) Neglect;
(iv) Abuse;
(v) Exploitation of an endangered adult or of a child;
(vi) Failure to report;
1) Battery;
2) Neglect;
3) Abuse;
4) Exploitation of an endangered adult or of a child;
(vii) Theft if the person’s conviction for theft occurred less than ten (10) years before the person’s employment application date, except as provided in IC 16-27-2-5(a)(5).
(viii) Criminal conversion;
(ix) Criminal deviate conduct;
(x) Murder;
(xi) Voluntary manslaughter;
(xii) Involuntary manslaughter;
(xiii) Offense related to alcohol or a controlled substance.

(b) FOTS Home Care shall not employ anyone with previously noted felony convictions.
(c) FOTS Home Care shall not employ anyone without verified United States Residency status.
(i) Guaranty Residentials may use other criminal information, aside from convictions of the above listed crimes, as a basis for other employee and agent related hiring and termination decisions.

3. Annually and at the completion of each employee or agent’s orientation with FOTS Home Care which includes prior to working with any Individuals each employee’s performance will be evaluated.
a. After completion of each employee’s or agent’s orientation with FOTS Home Care, employees and agents will be evaluated through the following:
i. Attendance and participation during trainings and meetings of the orientation process.
ii. Scores on competency tests which are administered during the orientation process.
b. Annually, employees and agent will be evaluated using the following:
i. Feedback from Individuals who the employee or agent worked with during the previous year.
ii. Review of the employee or agent’s file to review the employee or agent’s disciplinary record, completion of training, and accuracy of information reported/documented.
iii. Evaluation will also include any and all information the employee or agent’s supervisor and the Executive Director of FOTS Home Care feel pertinent to the evaluation.

4. All employees and agents of FOTS Home Care will maintain compliance with HIPAA and l Federal and State privacy laws.
a. Compliance will be ensured through proper training of all employees or agents of FOTS Home Care on Federal and State HIPAA and privacy laws, and supervisor review of the storage and use of Individual information on a quarterly basis as part of an Individual’s team meeting.

5. FOTS Home Care will maintain for each position within the organization, a job description which includes:
a. Minimum qualifications for the position
b. Major duties required of thee position
c. Responsibilities of the employee in the position
d. The name and title of the supervisor whom the employee in the position must report

6. FOTS Home Care follows a zero tolerance regarding the use of any substances whenl employees or agents are working with Individuals supported by FOTS Home Care.
a. If any employee, agent, or Individual believes an employee or agent of FOTS Home Care is under the influence of a prohibited substance while working with an Individual, that employee or agent shall notify their supervisor or the Executive Director of FOTS Home Care immediately.
b. Once the supervisor or Executive Director has been notified, the supervisor or Executive Director will immediately meet with the employee or agent at the location where the employee or agent currently is to evaluate if the employee or agent shows any signs of being under the influence of a prohibited substance while working.
c. The supervisor or Executive Director will look for the following signs/behaviors:
i. Slurred speech
ii. Enlarged pupils, bloodshot or glassy eyes
iii. Loss of coordination
iv. The appearance through sight or smell of any prohibited substances
v. Any other signs the supervisor or Executive Director believes may show the employee or agent is under the influence of a prohibited substance.
d. If the supervisor or Executive Director believes that the employee or agent is showing signs or behaviors of being under the influence of a prohibited substance, the employee or agent will be immediately suspended and the initiation of a substance abuse screening will be initiated.
e. If the screening is returned negative and the employee or agent was not under the influence of a prohibited substance, then the employee will be allowed to return to work.
f. If the screening is positive, or the employee refuses to participate in the substance abuse screening, then the employee or agent will face disciplinary measures which can include up to termination of employment.

7. FOTS Home Care follows a zero tolerance for any and all types of rights violations involving an Individual. This means that FOTS Home Care will uphold the right of all Individuals served by FOTS Home Care to be the best of its employee’s and agent’s ability and ensure all Individuals are treated with dignity, respect, and be free from abuse, neglect, exploitation, and mistreatment. If a violation of an Individual’s rights, a violation of other policies and procedures, or other reportable incidents occur, the alleged employee will be suspended immediately pending the outcome of an internal investigation. Immediate necessary steps will also be taken by FOTS Home Care to protect the Individual who has been an alleged victim of abuse, neglect, exploitation, or mistreatment. If the internal investigation substantiates the action made, termination of the employee or employees involved will be effective immediately following the conclusion of the investigation.

8. FOTS Home Care will:
a. Provide training and education prohibiting the violation of Individual’s rights and reportable incidents to all employees and agents during initial orientation and annually thereafter.;
b. Estigate every allegation of a violation of an Individual’s rights and reportable incidents involving Individuals served by FOTS Home Care;
c. Implement corrective actions, up to and including termination of an employee or agent who have violated an Individual’s rights;
d. Employees will immediate report to their supervisor and the supervisor will complete an incident report for all incidents within 24 hours of the report being made, and ensure the following parties receive copies of all reportable incidents: FOTS Home Care’s Executive Director, the Bureau of Developmental Disabilities Services (BDDS), the Individual’s Case Manager (CM), the Individual’s legal representative and guardians.
e. For reports of abuse or neglect, Child Protective Services (CPS)/Adult Protective Services (APS), and the Police, if applicable, will be notified of all reports of abuse and neglect.
f. For all reports of abuse or neglect, the Executive Director of FOTS Home Care or Executive Director;s designee will conduct all internal investigations, unless the allegation involves the Executive Director. In such a case, the President/Owner of FOTS Home Care will conduct the internal investigation.

9. In the hope of preventing abuse, neglect, exploitation, or mistreatment of an Individual, FOTS Home Care requires background checks for all prospective employees and agents. These checks include a criminal history, nurses aide registry search, and CPS and APS background checks if applicable.

10. Employees must sign an “Employee Acknowledgement” of all FOTS Home Care handbook, acknowledging that employee is aware of FOTS Home Care’s policy on prohibiting violations of Individual’s rights.

Reporting

1. All employees and agents of FOTS Home Care must be on the lookout for any indications of abuse, neglect, or exploitation of the Individuals served.
2. All employees or agents of FOTS Home Care who know or suspect that abuse, neglect, or exploitation may be occurring, should report to their supervisor immediately. If the employee’s or agent’s supervisor is the alleged perpetrator of abuse, neglect, or exploitation, then the employee or agent should report to the Executive Director of FOTS Home Care. If the supervisor and Executive Director are the alleged perpetrators, the employee or agent should contact the Police, APS/CPS, or the BDDS as applicable.
3. All incidents should be reported immediately no matter who the alleged perpetrator is or who the victim is. FOTS Home Care will protect and not penalize anyone who attempting to protect an Individual from abuse, neglect, or exploitation
4. FOTS Home Care does not tolerate harassment of employees or agents by other employees or agents in order to prevent reports of abuse, neglect or exploitation from being made.
5. If an employee or agent is aware of abuse, neglect, or exploitation and fails to report the incident, the employee or agent could also be in breach of FOTS Home Care policy and may be liable to the same disciplinary actions as committing the abuse, neglect, or exploitation.
6. If disciplinary action is taken, FOTS Home Care will not tolerate any future failure to report abuse, neglect, or exploitation by the employee or agent and all disciplinary action taken will be documented in the employee or agent’s personnel file by the employee or agent’s supervisor.

Investigations

1. When a report of a violation of an Individual;s rights, or a violation of FOTS Home Care policies and procedures is received by FOTS Home Care, the Executive Director of FOTS Home Care must be notified immediately.
2. After notification, the Executive Director or the Executive Director’s designee will immediately begin an investigation into the incident.
3. If an employee or agent of FOTS Home Care is involved in the incident, the employee or agent will be immediately suspended pending the outcome of the investigation.
4. Action will be immediately taken after receiving the report to ensure the health and safety of the Individual or Individuals involved including but not limited to: removing the involved employee or agent of FOTS Home Care from the area, calling 911 for assistance from police or emergency medical professionals if applicable, and providing first aid and contacting the Individual or Individuals’ doctors.
5. Once the Individual or Individuals’ health and safety is assured, the Executive Director or Executive Director’s designee will follow FOTS Home Care Internal Investigation policy for the completion and documentation of the investigation

Conflicts of Interest & Code of Ethics Policy

FOTS Home Care understands situations may arise where a possible conflict of interest is present involving an employee or agent of FOTS Home Care. In all situations where a possible conflict of interest is present, all owners, directors, agents, employees, contractors, subcontractors, or officers of FOTS Home Care Services shall follow this policy.

1. All owners, directors, agents, employees, contractors, subcontractors, and officers performing any management, administrative, or direct service to an Individual on behalf of FOTS Home Care shall avoid any situation in which there is a conflict of interest.
a. A conflict of interest is described as: a situation in which a person is in a position to derive personal benefit from actions or decisions made in their office capacity.
2. If an owner, director, officer, employee, agent, contractor, or subcontractor representing FOTS Home Care enters into a situation where a possible conflict of interest is present, the owner, director, officer, employee, agent, contractor, or subcontractor is required to disclose the possible conflict of interest to the Executive Director.
3. As a provider of services under the supervision of DDRS, FOTS Home Care requires all employees and agents to abide by the following code of ethics:
a. FOTS Home Care will provide professional services with objectivity and with respect for the unique needs and values of the Individual being provided services.
b. FOTS Home Care shall avoid discrimination on the basis of factors that are irrelevant to the provision of services.
c. FOTS Home Care shall provide sufficient objective information to enable an Individual, or the Individual’s legal representative, to make informed decisions.
d. FOTS Home Care requires all owners, directors, officers, employees, agents, contractors, and subcontractors to:
i. Accurately present professional qualifications;
ii. Assume responsibility and accountability for personal competence in the practice of the person’s profession and in the provision of supported living services;
iii. Maintain the professional’s licensure or accreditation;
iv. Adhere to acceptable standards for the owner, director, officer, employee, agent, contractor, or subcontractor’s area of professional practice;
v. Comply with all laws and regulations governing a licensed or accredited person’s profession;
vi. Maintain the confidentiality of Individual information consistent with the standards of the article and all other state and federal laws and regulation governing confidentiality of Individual information;
vii. Conduct all practice with honesty, integrity, and fairness;
viii. Fulfill professional commitments in good faith; and inform the public and colleagues of services by use of factual information.
e. FOTS Home Care will not advertise or market services in a misleading manner.
f. FOTS Home Care will not engage in uninvited solicitation of potential Individuals, who are vulnerable to undue influence, manipulation, or coercion.
i. No employee or agent of FOTS Home Care will initiate contact with a potential Individual, or guardian of a potential Individual with the purpose of soliciting services to that Individual.
g. FOTS Home Care will make reasonable efforts to avoid bias in any kind of professional evaluation.
h. FOTS Home Care will not allow for nepotism during the conducting, directing, reviewing or other managerial activity of an investigation into an allegation of abuse, neglect, or exploitation, by prohibiting friends and relatives of an alleged perpetrator from engaging in these managerial activities.
i. FOTS Home Care will not subject its directors, officers, employees, agents, contractors, or subcontractors acting as a whistleblower, to retaliation or negative consequences as outlined in IC 22-5-3-3 following the director, officer, employee, agent, contractor, or subcontractor reporting:
i. The alleged abuse, neglect, or exploitation of an Individual;
ii. Violation of FOTS Home Care’s policies and procedures;
iii. Violation of DDRS policies and procedures; and
iv. Violation of State and Federal laws.
j. FOTS Home Care will notify the appropriate party of any unprofessional conduct that may jeopardize an Individual’s safety or confluence that Individual or Individual’s representative in any decision making process which may include:
i. DDRS;
ii. The Indiana State Department of Health;
iii. A licensing authority;
iv. An accrediting agency;
v. An employer; and
vi. The office of the Indiana Attorney General, Consumer Protection Division;
vii. The Individual’s guardian.
k. FOTS Home Care prohibits providing gifts to:
i. State employees;
ii. Special state appointees;
iii. The spouse of unemancipated child of an employee;
iv. The spouse of unemancipated child of a special state appointee;
v. An Individual potential receiving services from FOTS Home Care; and
vi. Any guardian or family member of an Individual potentially receiving services from FOTS Home Care.
l. FOTS Home Care employees or agents are prohibited from giving gifts of any kind to an Individual receiving services from FOTS Home Care or any guardian or family member of an Individual receiving services from the provider.

Training Policy and Procedure

1. It is the policy of FOTS Home Care that all employees and agents of FOTS Home Care, prior to working with an Individual, will participate in a mandatory orientation to assure the employee and agent’s understanding of and compliance with the mission, goals, organization
2. All employees or agents will meet the following requirements prior to working with Individuals:
a. Be at least eighteen (18) years of age.
b. Demonstrate the ability to communicate adequately in order to:
i. Complete required forms and reports of services provided;
ii. Follow oral and written instructions; and
iii. Communicate with an Individual in the Individual’s usual mode of communication.
c. Complete training that is referenced throughout the remainder of this policy and procedure.
d. Demonstrate continuous competency as described throughout the remainder of this policy.
i. If it is discovered that an employee or agent is no longer competent in any portion of this policy and procedure, the employee or agent will not be allowed to work or interact with any Individuals served by FOTS Home Care until training and competency testing are completed which verifies that the employee or agent has reestablished competency on the topic required.

3. All FOTS Home Care employee or agent trainings, both during orientation and annually will be documented on the FOTS Home Care “Training Record” and contain the following information:
a. The topic of training provided;
b. The name and qualifications of the trainer;
c. The duration of the training )the time of day the training started and stopped);
d. The date or dates of training;
e. The signature of the trainer verifying satisfactory completion of the training by the owner, director, officer, employee, contractor, subcontractor, or agent;
f. The signature of the owner, director, officer, employee, contractor, subcontractor or agent.

4. FOTS Home Care will have a system for ensuring that a trainer has sufficient expertise and knowledge of the subject to achieve the listed outcomes; and is certified or licensed when the training topic addresses services or interventions requiring certified or licensed practitioners for assessment, plan development, or monitoring. This system will be encompass the following:
a. FOTS Home Care will implement the “Train the Trainer” system of training when applicable.
i. It is noted, if training is being conducted on an Individual’s Behavioral Support Plan (BSP), documentation from the Individual Behavioral Consultant (BC) must be present in the Individual’s file at the site of delivery detailing the BC has confirmed FOTS Home Care is allowed to implement the train the trainer system. The documentation must include which employees or agent’s of FOTS Home Care the BC has trained to be able to train other employees or agents of FOTS Home Care.
b. The Executive Director or designee will oversee the training of employees or agents who will be designated as being able to conduct training.
c. The Executive Director or designee will review all documentation and training information applicable to determine if an employee or agent has obtained the knowledge, licenses or certifications if applicable, or expertise to be able to train employees or agents on the topics covered.
d. The Executive Director or designee will keep a documented list of all employees or agents who have been certified by the Executive Director to be able to train other employees or agents of FOTS Home Care.

5. FOTS Home Care’s owners, directors, officers, employees, contractors, subcontractors, or agents performing any management, administrative or direct service to an Individual on behalf of FOTS Home Care shall receive initial and at minimum annual training in the protection of an Individual’s rights, including:
a. Respecting the dignity of an Individual;
b. Protecting an Individual from Abuse, Neglect, and Exploitation;
c. The Division of Disability and Rehabilitative Services (DDRS) incident reporting, including: DDRS’ current policy on incident reporting; and FOTS Home Care’s incident reporting policies and procedures; and
d. Physical intervention techniques needed for emergency behavioral supports.

6. FOTS Home Care will ensure, that prior to working with an Individual, all employees providing services directly to an Individual, which includes Senior Program Directors, Program Directors, Assistant Program Directors, Resource Assistant Program Directors, Service Coordinators, Program Coordinators, Lead DSPs, and DSPs, receive initial training during orientation and are able to prove competency on the following topics:
a. Person centered planning, which includes but is not limited to the following training topics:
i. Person Centered Planning tools;
ii. respect , and Individual rights;
iii. Choice;
iv. Competence; and
v. Community presence and participation
b. Protection against abuse, neglect, or exploitation, which includes but is not limited to the following training topics:
i. The causes of abuse, neglect, and exploitation;
ii. The prevention of abuse, neglect, and exploitation;
iii. The reporting of abuse, neglect, and exploitation
c. Health and wellness, which includes but is not limited to the following training topics:
i. Universal precautions;
ii. Personal care;
iii. Safety during emergencies;
iv. Positive behavioral supports;
v. Maintaining a safe environment;
vi. Nutrition and wellness;
vii. Vehicle safety;
viii. Safety during lifting and transferring;
ix. Diet and related health issues
d. Communication; which includes but is not limited to the following training topics:
i. The purpose of communication;
ii. Strategies for communicating;
iii. Communication with Individuals;
iv. Communication with members of the Individual’s Individualized Support Team (IST) and other people of significance or influence in the Individual’s life;
v. Conflict resolution; and
vi. Confidentiality of an Individual’s information
e. Medication Administration and medication side effects, which includes but is not limited to the following training topics:
i. Medication administration and side effects training by a licensed nurse or someone with more experience including a Registered Nurse (RN) or Medical Degree (MD); and
ii. Competency in medication administration documented by a licensed nurse or someone with more experience including a Registered Nurse (RN) or Medical Degree (MD)
f. First Aid and CPR, which includes but is not limited to the following training topics:
i. Emergency precautions and preparedness;
ii. Injury and medical emergencies;
iii. Cardiopulmonary Resuscitation (CPR)
7. Prior to working with any Individual, each employee or agent will receive training and establish competency on each Individual’s Individual specific interventions the employee or agent will be working with, which include but are not limited to the Individual’s:
a. Health and risk needs;
b. Behavioral supports;
c. Diet and nutrition needs;
d. Swallowing difficulties;
e. Medication administration needs;
f. Side effects for prescribed medications;
g. Mobility needs;
h. Means of communication and corresponding; and
i. Outcomes and strategies included in the Person-Centered Individualized Support Plan (PCISP).