by Jerri Lynn Ward, Garlo Ward, P.C. Posted December 28, 2000 As many of you know, a common adverse action recommended by the Texas Department of Human Services is the Denial of Payment for New Admissions or DOPNA. Generally, this recommendation is accepted and imposed by the Health Care Financing Administration. In the past it was understood a facility would receive a refund for any payments denied for new admissions should the facility clear before the DOPNA went into effect. (Often … [Read more...] about Serious Effects of a DOPNA (Denial of Payment for New Admissions)
How To Save Money & Work With Your Attorney
Posted March 26, 2001 Adversarial matters in health care are unfortunately becoming more numerous and frequent, from patient or employee related claims or litigation to administrative law proceedings based upon facility investigations by government regulators. At Garlo Ward, P.C., we strive to assist our clients to address and resolve such legal matters in the most expeditious and cost-effective manner possible. For that reason, this article explores the ways in which clients can work closely … [Read more...] about How To Save Money & Work With Your Attorney
Interpretation of “Neglect” Under 242.133 of the Health & Safety Code
Posted June 27, 2001 In November of 2000, the Houston Court of Appeals (145th District) interpreted the meaning of "neglect" under the Health & Safety Code in Gonzales v. Methodist Retirement Communities, 33 S.W.3rd 882. Because the legislature did not define this term, the Court looked at common usage. Looking at dictionaries such as Webster's, the Court focused on terms such as "omit, disregard, and ignore." Thus, the Court concluded that the intent: "most likely meant in Section … [Read more...] about Interpretation of “Neglect” Under 242.133 of the Health & Safety Code
Ten Things You Can Do Right Now to Start Your HIPPA Compliance Program
Posted July 6, 2001 Please contact Jerri Lynn Ward for more information. Determine if your organization is a covered entity. Chances are, if you're in the healthcare field, you're covered directly or indirectly. Make a list of all persons or organizations that do business with you and have access to patient information. These people will likely be "business associates" under the rule and need to comply with its requirements, also! Determine what patient information is commonly … [Read more...] about Ten Things You Can Do Right Now to Start Your HIPPA Compliance Program
Palliative Plans of Care Approved by TDHS
Posted July6, 2001 On May 17, 2001, TDHS announced that it approved rules for palliative care plans under 40 TAC ยง 19.802. The rules went into effect June 1, 2001. TDHS also provided a form that can be used when palliative care is being provided. TDHS stated that use of this form is optional and that it may be helpful to facility staff and surveyors. We advise that nursing facilities use this form, or a similar one, despite its use being labeled as "optional" by TDHS. Not only will it … [Read more...] about Palliative Plans of Care Approved by TDHS
Legislative Summary of Senate Bill 1839
The Long-Term Care Facility Improvement Act Posted July 30, 2001 Out of the 67 bills filed relating to nursing homes, 28 passed. The most significant piece of legislation is Senate Bill 1839. Senate Bill 1839 was named the Long-Term Care Facility Improvement Act. It incorporated much of other previously filed legislation into one bill. We are providing a summary of this bill for your convenience. Article 2 -- Exemplary Damages. If exemplary damages are awarded under Chapter 41, Civil … [Read more...] about Legislative Summary of Senate Bill 1839
Legislative Summary of Senate Bill 177: Electronic Monitoring Devices in the Rooms of Residents of Nursing Homes
Posted September 7, 2001 Senate Bill 177 authorizes the use of audio and video surveillance. Use of an electronic monitoring device is considered to be covert if the placement of the device is not open and obvious and the facility and TDHS are not informed about the device by the resident, by a person who placed the device, or by a person who is using the device. TDHS will prescribe a form that must be completed and signed on admission identifying liability, discusses covert … [Read more...] about Legislative Summary of Senate Bill 177: Electronic Monitoring Devices in the Rooms of Residents of Nursing Homes
Legislative Summary of Select House and Senate Bills, 77th Legislative Session
HB 154 Raises the personal needs allowance under Medicaid to not less than $60 a month. Directs TDHS to set rates for reimbursement to allow for this as well as set up an early warning system for fraud in handling personal needs allowance funds for residents. Directs HHSC to ensure that rules governing the determination of rates paid for nursing home services provide for the including liability insurance costs only for those homes that purchase liability insurance acceptable to the … [Read more...] about Legislative Summary of Select House and Senate Bills, 77th Legislative Session
Appeal Rights and Procedures When Facilities Lose Their Nurse Aid Training Programs Due to a Determination of Substandard Quality of Care
Posted November 5, 2001 What is an appealable initial determination? A finding of Substandard Quality Care by Health Care Financing Administration (AHCFA@) resulting in withdraw of a provider=s Nurse Aid Training Competency Evaluation Program. Who is eligible for appeal? This regulatory change applies to Medicare only or dually participating facilities. Medicaid-only facilities may obtain appeal rights. HCFA conducts a comparative survey and determines SQC that results in withdraw … [Read more...] about Appeal Rights and Procedures When Facilities Lose Their Nurse Aid Training Programs Due to a Determination of Substandard Quality of Care
New Verification of Compliance Policies
Please contact Jerri Lynn Ward for more information. Posted November 12, 2001 On May 3, 2001, the Department of Health & Human Services (DHHS) officially amended their Verification of Compliance policy. What are the amendments? Before May 3, 2001, DHHS required an onsite visit to a facility to confirm compliance and stop remedies. DHHS introduced a new mechanism through which a facility may accomplish these goals. Now, a facility may, after May 3, 2001, provide evidence of compliance … [Read more...] about New Verification of Compliance Policies