IHCA ICAL Bulletin - May 16, 2018  (Plain Text Version)

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In this issue:
Regulatory
•  Reporting requirements for suspected abuse and neglect
•  CMS offers clarification on bed rails
Payment and Reimbursement
•  DHS plan for HCBS settings final rule requirements
•  NAHC submits comments on the OASIS-D burden
Quality and Survey
•  Review your latest trend tracker report
•  Resources to help in your survey prep
•  Tops in Survey
Education
•  Cancelled: 2018 LTC Medical Directors and Pharmacists Conference
•  Register now for AHCA/NCAL Convention & Expo
Scholarships & Awards
•  May 31 deadline for scholarship applications
•  National award programs now accepting nominations
Association News
•  Member Survey closes on Friday - respond now!
•  Solicitation for 2018-2019 IHCA, ICAL and ICHC Board candidates
National News
•  AHCA, NCAL & NAHC this week

 

Reporting requirements for suspected abuse and neglect

(SNF/NF)

CMS provided clarification on the reporting requirements for suspected abuse and neglect and the submission of the facility’s formal written investigation of the allegation to the State Survey Agency.

AHCA requested clarification on the reporting requirements for suspected abuse and neglect and the submission of the facility’s formal written investigation of the allegation to the State Survey Agency within 5 working days. CMS has determined that “5 working days” will be interpreted as Monday through Friday. The mandate to report all allegations of abuse within 2 hours, but not later than 24 hours remains.   

Here is the exact language from the State Operations Manual:

F609 (Rev. 173, Issued: 11-22-17, Effective: 11-28-17, Implementation: 11-28-17) §483.12(c).  Please note that the “5 day” requirement applies only to the submission of the facility’s formal investigation of the allegation.  In response to allegations of abuse, neglect, exploitation, or mistreatment, the facility must:

§483.12(c)(1) Ensure that all alleged violations involving abuse, neglect, exploitation or mistreatment, including injuries of unknown source and misappropriation of resident property, are reported immediately, but not later than 2 hours after the allegation is made, if the events that cause the allegation involve abuse or result in serious bodily injury, or not later than 24 hours if the events that cause the allegation do not involve abuse and do not result in serious bodily injury, to the administrator of the facility and to other officials (including to the State Survey Agency and adult protective services where state law provides for jurisdiction in long-term care facilities) in accordance with State law through established procedures.

§483.12(c)(4) Report the results of all investigations to the administrator or his or her designated representative and to other officials in accordance with State law, including to the State Survey Agency, within 5 working days of the incident, and if the alleged violation is verified appropriate corrective action must be taken.

Questions can be directed to Bill Nutty or Mary Jane Carothers at IHCA.