The 7th Circuit upheld a finding of Immediate Jeopardy regarding sexual encounters between residents with dementia. The facility in question had a "policy of intervening in sexual encounters only when “outward signs” of non-consent were displayed, according to court documents." CMS determined that this was not adequate to protect residents and fined the facility for $83,000. The appeal by the facility argued that the residents have a right to have consensual intimate relationships, … [Read more...] about Immediate Jeopardy Decision Upheld by 7th Circuit Court of Appeals
Newly Adopted Rules for ALF’s, DAHS’s, ICFs/IID, NF’s and Pediatric Extended Care Centers
Texas HHSC has adopted one new rule and several amendments to rules in the Texas Administrative Code, implementing legislation from HB 2025 passed in 2017. The rules were effective on October 28, 2018, but HHSC is giving Alf's, DAHS facilities and NF's until May 1, 2019 to develop and implement the policies related to Alzheimer's training. Enforcement on the other rule changes will be enforced now. The provider letter announcing this can be found here. The Texas Secretary of State has … [Read more...] about Newly Adopted Rules for ALF’s, DAHS’s, ICFs/IID, NF’s and Pediatric Extended Care Centers
Proposed Rule Regarding Reimbursement Methodology for Nursing Facilities
HHSC has proposed a rule change for 1TAC §355.306 regarding final cost reports for changes of ownership for Nursing Facilities. The new rule would read as follows: §355.306.Cost Finding Methodology. (a) - (d) (No change.) (e) Final cost reports for change of ownership. When a facility changes ownership, for a provider who participates in the rate enhancement program, the prior owner must submit a final Staffing and Compensation Report as described in §355.308 of this title. When a facility … [Read more...] about Proposed Rule Regarding Reimbursement Methodology for Nursing Facilities
HHSC Clarifies Expedited Life Safety Code Inspection Time Frames
On October 2, 2018, HHSC issued a Long-Term Care Regulatory letter to clarify previous letters regarding time frames for expedited Life Safety Code Inspections. The letter is located here. Here are pertinent quotes from the letter: A NF or ALF license applicant may submit a written request for an ELSC and fee at any time during the application process. When the licensing specialist has a complete application and fee, and a written request for ESLC inspection and fee a request is made to … [Read more...] about HHSC Clarifies Expedited Life Safety Code Inspection Time Frames
New Civil Money Penalties are the Subject of Proposed New CMS Rules
Last Friday, CMS, issued a notice regarding proposed new rules. Anticipated 1150B Delegation of Authority: We are looking to publish a proposed rule to fully enforce Section 1150B requirements for reporting crimes to nursing home residents, we are proposing a regulation that will allow Civil Money Penalties (CMPs) to be imposed of up to $200,000 against covered individuals (staff, volunteers, etc.) who fail to report reasonable suspicion of crimes. This proposed regulation would also … [Read more...] about New Civil Money Penalties are the Subject of Proposed New CMS Rules
Multiple Bipartisan Healthcare Bills Head to Congress
The series of bipartisan healthcare bills are being considered expedited rules that require two-third votes for approval. One bill H.R. 3635, amends title XVIII (Medicare) of the Social Security Act to revise the process by which Medicare administrative contractors (MACs) issue and reconsider local coverage determinations (LCDs) that: (1) are new, (2) restrict or substantively revise existing LCDs, or (3) are otherwise specified in regulation. According to reports, it would provide … [Read more...] about Multiple Bipartisan Healthcare Bills Head to Congress
Provider Letter: Feeding Assistance Rules for Nursing Facilities
Provider Letter PL 18-17 (NF) This letter addresses feeding assistance care for nursing home residents and staffing requirements to implement rules. HHSC and Long Term Care Regulatory (LTCR) determined that the topic of feeding assistance required an updated and consolidated communication to providers. The letter details: Policy Details & Provider Responsibilities: A paid feeding assistant is an individual who meets the requirements specified in the Texas Administrative Code who is … [Read more...] about Provider Letter: Feeding Assistance Rules for Nursing Facilities
In The News: 5 Healthcare Legal Battles That Could Head To The Supreme Court
Changes to the healthcare market nationwide could manifest if these 5 lawsuits make it to the highest court in the nation. According to news reports, there are several significant pieces of healthcare legislation that could result from multiple major healthcare cases going through the federal courts. The consequential healthcare cases include: Texas vs Alex Azar - Re: ACA is unlawful and the Court should enjoin its operation. Therefore, Plaintiffs seek declaratory and injunctive relief … [Read more...] about In The News: 5 Healthcare Legal Battles That Could Head To The Supreme Court
CMS Introduction to the Hospice Quality Reporting Program (HQRP)
The Hospice Quality Reporting Program (HQRP), mandated by the Affordable Care Act of 2010 directs the Secretary to establish quality reporting requirements for hospice programs. A new CMS webinar was scheduled to explain the basics of the Hospice Quality Reporting Program (HQRP). According to the National Hospice and Palliative Care Organization (NHPCO) reported that the HQRP Requirements are as follows: Hospices are required to comply with requirements for two HQRP program components that … [Read more...] about CMS Introduction to the Hospice Quality Reporting Program (HQRP)
High-Tech Healthcare and Telemedicine are the Fastest Growing Initiatives in Healthcare
Patient care and value is at the forefront of many healthcare discussions in the industry. Physicians and nurses providing comfort, companionship, connection and support is considered to be just as important as providing actual medicinal treatments. Better care in relation to providing tele-medicine and high tech care in the healthcare system are the top of growing initiatives that put the patient first especially in nursing homes and hospice and palliative care facilities. According to … [Read more...] about High-Tech Healthcare and Telemedicine are the Fastest Growing Initiatives in Healthcare
