FREQUENTLY ASKED QUESTIONS
Adult Abuse Registry
Q. What does it mean when someone is listed on the Adult Abuse Registry (AAR)?
A. It means that the State has substantiated a case of abuse, neglect, mistreatment, and/or financial exploitation against that person.
Q. I'm about to hire a caregiver to work with a family member in our home. Can I check to see if that person is on the Adult Abuse Registry?
A. Yes. Call the Adult Abuse Registry for further information.
Complaints and Incidents
Q. How do I file a complaint about services provided to a resident or residents of a long term care facility?
A. You can phone, fax, or send your complaint through the Internet.
By telephone: You can call the Complaint and Incident Reporting 24-hour, toll-free hotline . Division investigators are available to accept telephone complaints from 8:00 a.m. to 4:30 p.m., Monday through Friday. Investigators also monitor the hotline after these hours. You can leave a message describing your complaint or request that an investigator return your call. You can also call from 8:00 a.m. to 4:30 p.m., Monday through Friday, and speak to someone directly.
By fax: You can fax a complaint to the Division using the Complaint & Incident Reporting toll-free fax number .
By Internet: You can send your complaint through the Internet using the Division's e-mail address for complaints and incidents, at ltc.residents.protection@state.de.us .
Q. Do I have to give my name when I report abuse or neglect?
A. No. The Division investigates anonymous complaints. But, if at all possible, leave your name and contact phone number. The investigator may have follow-up questions. All of the Division's investigative reports are confidential, and we protect the privacy of persons who report complaints to our Division. State law protects all persons who report abuse or neglect in good faith from retaliation by the facility.
Q. How will I know what happened to a case that I reported?
A. Once the case has been assigned to an investigator, you will receive a letter notifying you of the name of the investigator, if we have your name and address. When the case is closed, you will receive another letter with the final disposition of the case.
Q. What types of incidents must be reported by a long term care facility to the Division?
A. State of Delaware law requires that any incident in which an employee of a facility has reasonable cause to believe that a resident has been abused, mistreated, neglected, and/or financially exploited must be reported.
Q. Who must report these incidents?
A. Any employee of a facility or anyone who provides services to a resident of a facility who has reasonable cause to believe that a resident has been abused, neglected, mistreated, and/or financially exploited must report the incident to the Division.
Q. Does the Division require that other incidents be reported by long term care facilities?
A. Yes. Depending on the type of facility, the following must also be reported: injuries of unknown source that might be attributable to abuse, neglect, or mistreatment; all deaths; falls with injuries; and significant medication errors.
Q. How does a long term care facility report an incident to the Division?
A. Facilities can fax the information using the Division's Incident Report form to the Complaint & Incident Reporting fax number. This form is available by calling the Division of Long Term Care Residents Protection in New Castle County or Kent/Sussex Counties. Facilities can also e-mail the information to the Division, at ltc.residents.protection@state.de.us . Facilities must include all of the information given on the Division's Incident Report form.
Criminal Background Checks
Q. I was fingerprinted previously for employment in a bank (school, hospital, etc.). Do I have to be printed again to work in a long term care facility?
A. Yes. The Division has a screening process that is unique to employment in long term care facilities.
Q. I've already been fingerprinted and had a background check done. Can you send me a copy that I can give to my new employer?
A. No. You need to complete a new "Request for Criminal History Record" form and have the new employer forward it to our office. We'll send your new employer the records.
Q. How do I get a copy of the "Request for Criminal History Record" form?
A. Your potential employer has the form.
Q. If I'm going to be working for a temporary agency, do I still need a background check?
A. Yes. If you are going to be working in a long term care facility, either as an employee of the facility or as the employee of a contract/temporary agency, you must have a criminal background check done.
Q. I'm about to hire a caregiver to work with a family member in our home. Can I have a background check done on potential employees in a private home?
A. Yes. For more information, call the Criminal Background Checks & Mandatory Drug Testing phone number.
CNA Registry
Q. Where can I get trained to become a certified nursing assistant (CNA)?
A. Please call the CNA Registry for a list of approved nurse aide training programs.
Q. How many hours of training are required to become a CNA?
A. Delaware programs are required to have a minimum of 150 hours of training, equally divided between classroom and clinical hours.
Q. How can I get my certification renewed?
A. The Division of Long Term Care Residents Protection mails out applications for certification renewal to CNAs 90 days before the expiration date of their certification. If a candidate has not received the application at least one month before the expiration date, he/she should call the CNA Registry to make sure that the Division has a current, up-to-date address. It is the CNA's responsibility to give the Division the correct current address for the Delaware Nurse Aide Registry.
Q. Can a CNA work with an expired certificate?
A. No.
Q. Are there a certain number of hours of employment required for re-certification?
A. Yes. Currently, CNAs must perform 64 hours of nursing-related services for pay in a two-year certification period, in order to get their certifications renewed. CNAs who fail to work at least 64 hours in two years must re-train and re-test or just re-test to again become certified in the State of Delaware.
Q. Are there a certain number of hours of in-service training required for re-certification?
A. No. Proof of in-service training/education hours is not required for certification renewal. It is the burden of the employers to ensure that they are providing their CNAs with the appropriate number of in-service hours, based on the type of health care facility or agency. For example, nursing homes that have Medicare and/or Medicaid certification must provide 12 hours of in-service training per year to CNAs, according to Federal regulations. These in-service training sessions should be individualized to reflect the special needs of the resident population as identified by facility staff, and they should address areas of weaknesses identified in the CNAs' performance reviews.
Q. What is the cost for certification renewal?
A. There is no charge for certification renewal.
Q. Can a CNA who is trained and certified outside of the State of Delaware work in Delaware without a Delaware certificate?
A. No. Delaware certification is required before a person is employed as a CNA.
Q. How do you get certification from another state recognized in the State of Delaware?
A. For this process, called reciprocity, applications can be obtained by calling the CNA Registry or by visiting the D&S Diversified Technologies' website at: http://www.hdmaster.com.
A completed application must include: (1) a copy of your current registry certificate from the state in which you are currently practicing as a CNA (a geriatric nursing assistant certification is required in Maryland); and (2) proof of three months of full-time employment as a CNA or proof that you have completed a training program equal to at least 150 hours. For proof of employment, you either need to provide a letter from your employer on company letterhead or a copy of a past W-2 form. The Division will also verify that you are in good standing in the state in which you are currently certified. Upon approval of your application, the Division will issue you a Delaware Nurse Aide Certification.
Q. What is the cost of getting reciprocity in Delaware?
A. There is no charge for reciprocity.
Q. How long will it take to get reciprocity?
A. Please allow 30 days for processing.
Nursing Homes
Q. How can I check up on the survey records of a specific nursing home?
A. You can call the Division of Long Term Care Residents Protection and request a copy of the facility's latest annual survey report.
Q. What else can I do to evaluate a nursing facility before placing my loved one there?
A. You can access the Federal government's information about nursing facilities on-line by going to Nursing Home Compare, at http://www.medicare.gov/NHCompare/home.asp.
When choosing a facility, we also recommend that you visit the facility in person.
Q. How often are nursing homes inspected/evaluated by the Division of Long Term Care Residents Protection?
A. Nursing homes are inspected at least annually. They also may receive complaint investigations, surprise visits, after-hours visits, and/or weekend visits.
Q. What questions could be asked of a facility to decide if good care is given?
A. Questions might include requesting information about a facility's restraint policy, how the facility monitors residents' weights and fluid intake, and what percentage of the facility's staff is temporary agency personnel.