Did you know that a nursing home cannot be held responsible for a past noncompliance when the date of the noncompliance falls between two surveys that found the facility in compliance? It is important to know your rights so that you can avoid unfair penalties and complications following state surveys of your nursing home. The decision by the Departmental Appeals Board (DAB) in the case of North Ridge Care Center v HCFA supports the assertion that penalties cannot be imposed for … [Read more...] about Potential Defense to Past Non-Compliance Tag
Obtaining Consent for Psychoactive Medications
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted July 3, 2002 A new rule, 19.1207, in Chapter 40 of the TAC has been added to require informed consent for psychoactive medications starting July 1st, 2002. Definition of Psychoactive Medications The rule defines a psychoactive medication as any medication prescribed for the treatment of symptoms of psychosis or other severe mental or emotional disorders and used to exercise an effect on the central nervous system to influence and … [Read more...] about Obtaining Consent for Psychoactive Medications
Emergency Medication Kits
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted July 8, 2002 Clarification: The deadline for enforcment of the new rules for nursing facilities and ICF-MRs has been extended to September 1, 2002 due to the large volume of applications received by the Department of Pharmacy. As of May 1, 2002 for nursing facilities and July 1, 2002 for ICF-MRs, the new DHS rules concerning emergency medication kits in nursing facilities and ICF-MRs comply with the Texas State Board of Pharmacy (TSBP) … [Read more...] about Emergency Medication Kits
New Shorter MDS Form Available for Skilled Nursing Facilities
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted July 11, 2002 The Centers for Medicare and Medicaid Services recently published notice in the Federal Register of modifications to the beneficiary assessment requirements for skilled nursing facilities. In completing the required quarterly assessments, CMS now gives skilled nursing facilities the option to use a modified, shorter version of the minimum data set (MDS) called the MDS Medicare PPS Assessment Form (MPAF) to satisfy the … [Read more...] about New Shorter MDS Form Available for Skilled Nursing Facilities
HIPAA Transaction and Code Set Extension
Please contact Jerri Lynn Ward for more information. Posted July 15, 2002 The Health Insurance Portability and Accountability Act (HIPAA) of 1996 charged the Department of Health and Human Services with creating national security standards for electronic health care transactions and code sets. DHHS developed these guidelines setting the original compliance date for covered entities to have proper security measures in place by October 16, 2002. However, the Administrative … [Read more...] about HIPAA Transaction and Code Set Extension
Medicaid Forms Available Online
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted July 26, 2002 Don't forget that Medicaid eligibility applications are available on-line at DHS's website, at http://www.dhs.state.tx.us/Forms/Form1200.html. Applying for Assistance For Medicaid/Medicare Cost-Sharing and Other Community Programs: Complete Form 1200EZ Keep the first two pages for your records. For long-term care facilities: Complete Form 1200 Providers are strongly encouraged to share these forms … [Read more...] about Medicaid Forms Available Online
Centers for Medicare and Medicaid Services Broadcast Set for Friday, September 20th
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Applies to all Medicaid and/or Medicare-certified nursing facilities and nursing facility provider associations Posted September 16, 2002 On Friday, September 20, 2002 from 12:00 to 2:30 p.m. Central Standard Time, the Centers for Medicare and Medicaid Services will broadcast a two and a half hour presentation via satellite and Internet that will explain the upcoming national release and public reporting of the Nursing Home Quality Measures, … [Read more...] about Centers for Medicare and Medicaid Services Broadcast Set for Friday, September 20th
Deadline! New Staffing Requirement for Nursing Facilities
By Jerri Lynn Ward, J.D., Garlo Ward P.C. Applies to all certified nursing facilities Starting January 1, 2003 , all Medicare and Medicaid certified facilities will be required to post the number of licensed and unlicensed nursing staff directly responsible for resident care. This must be done on a daily basis for each shift, and must be displayed in a clearly visible location where residents, staff and visitors may view it. Which employees are considered licensed and unlicensed … [Read more...] about Deadline! New Staffing Requirement for Nursing Facilities
Always Check the Nurse Aide Registry First!
By Jerri Lynn Ward, J.D., Garlo Ward, P.C. Posted August 9, 2002 You must check the Nurse Aide Registry prior to enrolling an individual in a training program such as Nurse Aide Training and Competency Evaluation Programs (NATCEP) and Competency Evaluation Programs (CEP). This is according to Provider Letter #02-27 from the Texas Department of Human Services. The Nurse Aide Registry will tell you if an individual is listed as unemployable. Nurse aides with findings of abuse, neglect, … [Read more...] about Always Check the Nurse Aide Registry First!
CMS Consults Feng Shui Expert Instead of Reading Law
By Jerri Lynn Ward, J.D., Garlo Ward P.C. and Rose Ireland, Director of Clinical Services, Texas Association of Homes and Services for the Aging Posted July 1, 2003 You may have recently received a copy of a June 12, 2003 letter from the Director of the Survey and Certification Group of CMS to the State Survey Agency Directors regarding HIPAA compliance and survey information. The letter accompanies a letter template that CMS suggests Survey Agencies such as TDHS send to facility … [Read more...] about CMS Consults Feng Shui Expert Instead of Reading Law