The Good News About C. Diff | https://www.providermagazine.com/Issues/2015/January/Pages/The-Good-News-About-C-Diff.aspx | The Good News About C. Diff | <div>With all the horror stories published about <em>Clostridium difficile (C. difficile or C. diff.</em>), how can anything be positive about this infection? After all, <em>C. difficile</em> is the most important cause of health care-acquired diarrhea and has tripled the number of hospital stays in the past 10 years. It is specifically harmful to the older patient and is usually spread while the patient is in the hospital and nursing care center.</div>
<h2 class="ms-rteElement-H2">The Bad News</h2>
<div><em>Clostridium difficile</em> is an anaerobic bacterial spore that may be present in normal bowel flora of about 3 percent of the adult population and over 66 percent of infants, according to <em>Public Health England</em>. When patients are given antibiotics, the normal bowel flora that keeps <em>C. diff</em> in balance is weakened or killed by the antibiotics. That is when <em>C. diff </em>begins to flourish and produce harmful toxins. <br></div>
<div><br>A patient with a <em>C. diff </em>infection will experience diarrhea that contains the toxins of the <em>C. diff</em> bacterium. This infection can spread by contact with room surfaces—such as bed linens, bed rails, side tables, sinks, bed pans, or wash basins—and the clothes and hands of health care workers. <em>C. difficile</em> is very resistant to common hospital disinfectants and alcohol-based hand sanitizers, and has unfortunately developed more resistant strains since it was discovered as a cause for hospital-acquired infections. </div>
<div><br>A quick look at the facts as reported by the Centers for Disease Control and Prevention (CDC) as of March 2012 shows that:</div>
<div>■ About 25 percent of<em> C. difficile</em> infections first present in hospitals; about 75 percent present in nursing homes. </div>
<div>■ Twenty percent of the most severe <em>C. difficile</em> infections can reoccur.</div>
<div>■ <em>C. difficile</em> is linked to 14,000 annual deaths in the United States and an additional $1 billion of health care dollars spent. </div>
<div>■ Half of the infections occur in patients younger than 65, but more than 90 percent of <em>C. difficile</em> deaths occur in patients 65 and older.</div>
<div>■ Half of all hospital patients with <em>C. difficile</em> were admitted with the infection, known or unknown.</div>
<div>■ Diarrhea is the most dangerous way <em>C. difficile</em> can spread.</div>
<div>■ Information regarding the patient’s infection and treatment is not transferred to the nursing home, home health agency, or family, setting up an opportunity for reinfection.</div>
<h2 class="ms-rteElement-H2">So What Is The Good News?</h2>
<div>This infection is preventable by implementing focused prevention protocols defined by CDC in its “CDC Vital Signs,” March 2012. If a patient has been diagnosed with <em>C. difficile</em> or the person has had at least three unformed stools in a short period of time, use the “when in doubt, rule it out” process. <br></div>
<div><br>The following are simple steps to take for infection prevention: </div>
<div>■ Use antibiotics judiciously.</div>
<div><br>■ Move the patient to a private room, and follow universal precautions to include gowns and gloves during patient care. Contain used linens in secured plastic bags before moving to them to the general laundry area. </div>
<div><br>■ Wear gown and gloves before entering the room of a patient with diarrhea or a known <em>C. difficile</em> infection, and wear them for all visits to the room. As nursing staff are well aware, their plans may be disrupted with what the patient needs at any given moment, so always be prepared for contact. </div>
<div>Afterward, be sure to remove the gown and gloves correctly: gown first, folding inside out, then gloves, grabbing the outside of the glove and rolling off the hand inside out. All done, right? Not quite.</div>
<div><br>■ All persons who come in the patient’s room should wash their hands with soap and water before leaving the room. Remember: <em>C. difficile</em> spores are resistant to alcohol, so the alcohol-based hand sanitizers are less effective. Stop, lather, and rinse with soap and water. Now the caregiver is clean, but what about the room?</div>
<div><br>■ Environmental personnel should wipe surfaces with an Environmental Protection Agency (EPA)-rated disinfectant with a sporicidal claim per instructions for use or a 10 percent sodium hypochlorite solution, in other words, an old-fashioned bleach solution. This 1:10 bleach solution can be found in many commercially prepared solutions and wipes.</div>
<div><br>Remember: All surfaces potentially contaminated with <em>C. difficile</em> need to be cleaned while the patient is occupying the room, and then as a terminal clean at discharge. This cleaning may include bed and mattress, bed rails, call buttons and TV remotes, bedside tables, over-bed tables, wash basin, and bed pan, just to name a few. Don’t forget about the sink and faucet handles. <br></div>
<div><br>■ Patients will want to participate in prevention, too. Instruct them to use only their own bathroom for toileting and wash their hands well with soap and water afterward. Offer them hand washing at the bedside with a basin, soap, and water, if needed. <br></div>
<div><br><span><img class="ms-rtePosition-1" src="/Issues/2015/January/PublishingImages/caregiving_CDif.jpg" alt="" style="margin:5px 10px;" /></span>Change soiled gowns and linen immediately, and wash any surfaces—such as the bed frame or rails—that may have become contaminated with EPA-approved surface wipes with a sporicidal claim or a 1:10 bleach solution.</div>
<div><br>■ Nurses should record and transfer the care plan to the next facility or caregiver, specifically calling out that the patient is actively being treated or was treated for a <em>C. difficile</em> infection. Community health organizations may also need information to record the infection and treatment utilized. <br></div>
<div>Regularly reference publicized information to make sure the nursing center is equipped with the most up-to-date gold standard prevention programs for <em>C. difficile.</em></div>
<div><br>Research to improve care for those with <em>C. difficile</em> includes investigating the use of fecal transplants for patients with recurring <em>C. difficile</em>, the use of probiotics, and an experimental vaccine shown to be effective in protection against the <em>C. diff</em> toxins in animal models.</div>
<div><br>Be a leader in the fight to prevent the spread of <em>C. difficile</em>. Report and publish the facility’s success, and share your protocols with others to win the battle against <em>C. difficile</em> infections. <br></div>
<div><br>Lastly, take personal care. Remember to wear a gown and gloves before stepping into the room to care for the patient. Always wash hands with soap and water. Be aware of personal vulnerability if taking antibiotics and caring for sick patients. The well-being and knowledge of staff are the best defenses to an onset of <em>C. difficile. </em></div>
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<div><em>Sydney Nye, BSN, RN, MBA, is vice president of clinical services for Medline Industries. She has more than 30 years of hospital experience in the operating room and central processing. She has served in a variety of roles, including operating room staff nurse, perioperative director, and educator. Nye has developed expertise in medical device reprocessing and has designed numerous instrument sterilization trays for safe instrument management. She has authored numerous education booklets and provided workshops that highlight efficiencies in perioperative supply chain management and best practices in care and handling of surgical instruments. </em></div> | Clostridium difficile is an anaerobic bacterial spore that may be present in normal bowel flora of about 3 percent of the adult population and over 66 percent of infants, according to Public Health England. | 2015-01-01T05:00:00Z | <img alt="" src="/Issues/2015/January/PublishingImages/caregivine_t.jpg" style="BORDER:0px solid;" /> | Caregiving;Clinical | Focus on Caregiving |
Remote Location, Scarce Staff Challenge Alaskan Residence | https://www.providermagazine.com/Issues/2015/January/Pages/Remote-Location-Scarce-Staff-Challenge-Alaskan-Residence.aspx | Remote Location, Scarce Staff Challenge Alaskan Residence | <div id="__publishingReusableFragmentIdSection"><a href="/ReusableContent/4_.000">a</a></div><div>Utuqqanaat Inaat is the Inupiaq name for one of the most unique long term care facilities in the United States. This outstanding facility opened for occupancy in October 2012, in Kotzebue, Alaska, located 32 miles above the Arctic Circle, which makes it the northernmost nursing home in the country. </div>
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<div> <span><img src="/Issues/2015/January/PublishingImages/feature1.jpg" class="ms-rtePosition-4" alt="Utiqqanaat Inaat translates to The House for Elders" style="margin:10px 5px;" /></span></div>
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<div>The facility, whose name translates into The House for Elders, serves the entire Northwest Borough of Alaska, an area roughly the size of Indiana. It is part of the vision to provide exceptional care for Native Alaskans by the Maniilaq Association, which is a tribally owned and operated, not-for-profit, health, tribal, and social services organization.</div>
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<h2 class="ms-rteElement-H2">Staff Recruitment A Big Challenge</h2>
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<div>Due to its remoteness and extreme environmental conditions, initial recruitment efforts resulted in staffing that consisted of many temporary employees and new managers who lacked department head experience. Many of the necessary policies and procedures were lacking or had been borrowed from other facilities. With a three- to four-hour time zone difference from the rest of the country, there were limitations to contacting resources in a timely fashion.<br></div>
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<div><br>Despite sincere efforts, the first Alaska state survey proved to be disastrous, with 21 citations amassed on 110 pages. </div>
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<div><br>Wanting the best care available for their elders (residents), the Maniilaq Association decided to establish a remote-presence knowledge team (virtual team) of long term care experts for the orientation of the managers and to work in collaboration with onsite leaders to institute the changes necessary to ensure compliance of state-required standards of care.</div>
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<div><br>A remote-presence knowledge team, or virtual team, is defined as a small temporary group of geographically, organizationally, and/or time-dispersed knowledge workers who coordinate their work predominately through information and communication technologies in order to accomplish the organizational tasks.</div>
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<h2 class="ms-rteElement-H2">More Challenges To Face</h2>
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<div>Even under ideal circumstances, virtual teams face frequent challenges due to the following issues: </div>
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<li>Loss of face-to-face synergies;</li>
<li>Lack of trust;</li>
<li>Greater concern with predictability and reliability; and</li>
<li>Lack of social interaction.</li></ul></div>
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<div>In addition to these more common challenges, the team encountered overarching problems that were part of the Kotzebue landscape and included the following:</div>
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<div><ul><li>High rates of clinical staff turnover, especially nurses and aides, most of whom were working with 13-week traveler’s contracts;</li>
<li>Difficulty communicating with the elders, many of whom spoke only regional dialects; and</li>
<li>Limited Internet bandwidth, which inhibited communication options.</li></ul></div>
<h2 class="ms-rteElement-H2">
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<div>The remote team included a director of nursing, activities leader, dietician, and social worker, all of whom were from various parts of the United States. During the initial site visit, which lasted one week, the focus was on conducting a mock state survey, identifying areas for improvement and developing an action plan that would address potential deficiencies in survey compliance.<br></div>
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<div><br>The secondary objective for any remote-presence knowledge team is to establish relationships and to develop protocols to ensure clear and predictable communication.</div>
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<div><br>While time differences and isolated locations are common issues for remote knowledge teams, this was not the biggest obstacle. Frequency of turnover and limited Internet bandwidth were two critical variables that required special consideration for the development of successful strategies. </div>
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<div><img width="319" height="235" src="/Issues/2015/January/PublishingImages/feature2.jpg" class="ms-rtePosition-2" alt="Kotzebue, Alaska" style="margin:15px 5px;" /><br>Issues of consistent application of policies and continuity of care were apparent in the electronic health record (EHR) review. There were inconsistent or nonexistent care plans and wide variations in the depth of clinical documentation, as well as unacceptable responses to the same regulated clinical scenarios. These issues were directly attributable to the transient nature and differing backgrounds of the clinical staff.</div>
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<h2 class="ms-rteElement-H2">All New Territory</h2>
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<div>Also apparent was the varied clinical experience that new staff brought to the facility. Many had no long term care experience and were unaware of the documentation requirements associated with this heavily regulated profession, where care events require specific documentation and actions to meet compliance expectations.</div>
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<div><br>The frequent turnover and lack of long term care management experience affected many team decisions, including the transition from narrative notes to drop boxes and required fields for clinical charting and the rigid nature of managerial instructions.</div>
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<div><br>The second limiting factor was a lack of Internet consistency and strength. Insufficient bandwidth resulted in video communication that demonstrated inconsistent access and extremely slow uploads.</div>
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<div><br>These constraints also excluded remote presence technologies, which would have added a “real time” dimension to support remote team efforts and effectively reduced the communication options to emails, telephone conferencing, and faxes.</div>
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<div><br>Having established the methods of communication, the team proceeded to exchange phone numbers, fax numbers, and email addresses and agreed upon schedules for teleconference calls.</div>
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<div><br>The EHR became the point where care was evaluated and documentation was reviewed. Using a Web-based program eliminated many critical concerns, such as time differences, remoteness, and Internet bandwidth limitations, and allowed the team to be able to review progress notes, assessments, care plans, and Minimum Data Set (MDS) documentation at their convenience.<br><span id="__publishingReusableFragment"></span><br></div>
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<h2 class="ms-rteElement-H2">Documentating Care</h2>
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<div>A careful review of the progress notes disclosed significant clinical events and observations about condition, as well as treatment modalities and care needs. These observations helped to determine the documentation improvements necessary and which documents must be initiated in response to a significant event.</div>
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<div><br>Routine assessments are required on a quarterly and annual basis for most disciplines. These routine requirements were inventoried and completeness determined. A more expert review was necessary to determine the quality of the assessment or care plan content, and this was provided by the respective team members.</div>
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<h2 class="ms-rteElement-H2">Tracking Method Devised</h2>
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<div>With various disciplines identifying needed documentation improvements, an improved tracking method was introduced to manage the flow of requests for changes and the response by the onsite team. </div>
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<div>As the remote team identified gaps in documentation, a compliance documentation tracking form was generated outlining the issue/issues and emailed or faxed to the onsite caregivers and their respective managers.</div>
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<div><br><span><img width="165" height="158" src="/Issues/2015/January/PublishingImages/feature3.jpg" class="ms-rtePosition-1" alt="Helen McGraw and Kristy Bernhardt" style="margin:5px 10px;" /></span>As the needed steps were completed, it was returned to the team member, who reviewed the amended record and made a determination as to its completion. In this way, the onsite team received clear instruction, the manager was aware of the progress, and the remote team could track the disposition of their recommendations.</div>
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<div><br>Questions, concerns, and progress were reviewed biweekly during telephone conferences. In situations where observations indicated that the elder was experiencing a more immediate clinical change in condition, onsite staff were notified immediately via email or telephone. This methodology helped to identify missing documentation in time to make corrections and improve care.</div>
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<h2 class="ms-rteElement-H2">Staff Get Tools From Offsite Team</h2>
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<div>One critical goal in addressing inappropriate or missing documentation was to create a process that presented limited but appropriate charting pathways. These pathways would ensure compliance through EHR enhancements and the development of a manual that outlined situation-specific documentation requirements.</div>
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<div><br>Organized by discipline, the manual provided instruction as to required documentation, as well as who was responsible for completion and under what circumstances the information should be provided. Included in the manual were the governing policies and a sample of the electronic form to be completed.</div>
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<div><br>EHR enhancement also included the building of 44 custom assessment or documentation forms that allowed less narrative, increased use of mandatory fields, checkboxes with limited options, and strategic drop boxes. </div>
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<div><br>The efforts more than met expectations by reducing the number of Alaska State Department of Health citations from 21 in 2012 to two in 2013, with no clinical citations. While the example used was extreme, the same methodology may be applied to any long term care facility. Where better Internet capabilities are available, the process could be enhanced. The same techniques are used to review MDS effectiveness, develop QAPI (Quality Assurance and Performance Improvement) programs, and respond to government audits. </div>
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<div><em>Linton Sharpnack is a consultant and Valdeko Kreil is administrator at Utuqqanaat Inaat in Kotzebue, Alaska. Kreil can be reached at <a target="_blank" href="mailto:valdekoivar@msn.com">valdekoivar@msn.com</a>.</em></div> | Wanting the best care available for their elders (residents), the Maniilaq Association decided to establish a remote-presence knowledge team (virtual team) of long term care experts for the orientation of the managers and to work in collaboration with onsite leaders to institute the changes necessary to ensure compliance of state-required standards of care. | 2015-01-01T05:00:00Z | <img alt="" src="/Issues/2015/January/PublishingImages/feature_t.jpg" style="BORDER:0px solid;" /> | Caregiving;Management | Column |
Hospice Care: Under The Microscope | https://www.providermagazine.com/Issues/2015/January/Pages/Hospice-Care-Under-The-Microscope.aspx | Hospice Care: Under The Microscope | <div>Since hospice was first introduced in the mid 1970s, the business of caring for the dying, and its profitability, has flourished. Today, more than half of those people dying in the United States receive some form of hospice care, and the industry’s annual revenue is estimated at $22 billion. </div>
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<div>Since Medicare is the primary source of payment for the hospice benefit, paying for 83.7 percent of all hospice care today, it should not be surprising that regulators contend that fraud and abuse in the hospice industry is rampant.</div>
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<div>One need only read a recent Department of Justice (DOJ) fraud enforcement news releases to confirm this fact. Private and nonprofit hospice providers, owners, and officers are being audited, sued by DOJ and qui tam whistleblowers under the False Claims Act (FCA), paying settlement damages in the millions of dollars. In order to understand the financial operations of a hospice provider, it helps to understand the concepts of the level of care and the length of stay.</div>
<h2 class="ms-rteElement-H2">The Economics Of Hospice Care</h2>
<div>The level of care is the form of hospice care provided to a patient and varies in reimbursement or cost. The vast majority of hospice care is routine home care, which is reimbursed at 96.5 percent and provided in the patient’s residence, nursing home, or residential facility.<br><br></div>
<div>Today, an increasing number of hospice patients reside in nursing homes while they receive longer and more sustained care for chronic progressive diseases before they die, and this is a particularly problematic relationship, according to the Office of Inspector General (OIG). The skilled nursing center provides room, board, and care to the hospice beneficiary that is unrelated to the terminal illness. </div>
<div><br>The nursing center is reimbursed for room and board, while the hospice provider is reimbursed solely for hospice services. Because nursing centers provide similar services to hospice providers, there is the potential for overlap in services reimbursed under the Medicare hospice benefit. </div>
<div><br>The length of stay is the total number of days during which a patient receives hospice care, regardless of the form of care. The length of stay can be impacted by a variety of factors, including disease cause, timing of a referral, and access to care. </div>
<h2 class="ms-rteElement-H2">Hospice Care Time Limits</h2>
<div>So how long is too long for hospice care? According to the Centers for Medicare & Medicaid Services:<br></div>
<div>■ Hospice care is intended for people with six months or less to live if the disease runs its normal course.<br><br></div>
<div>■ A patient who lives longer than six months can still get hospice care if the hospice medical director or other hospice doctor recertifies that the patient is terminally ill. <br><br></div>
<div>Hospice care is given in benefit periods that start the day the patient begins to get hospice care and ends when each 90-day or 60-day period ends. Patients can receive hospice care for two 90-day benefit periods, followed by an unlimited number of 60-day benefit periods.<br><br></div>
<div>Patients also have the right to change providers once per benefit period. However, at the start of each period, the hospice medical director or other hospice doctor must recertify that the patient is terminally ill. In contrast to curative health care, the hospice caretaker must painfully document the deteriorating—in contrast to improving—condition of the hospice patient to demonstrate that the patient is entitled to the Medicare hospice benefit. Unfortunately, in today’s “fraud and abuse” world, some patients simply don’t die quickly enough, which leads to allegations of fraud.<br></div>
<h2 class="ms-rteElement-H2">Fraud And Abuse Enforcement</h2>
<div>Within this context, it should not be surprising that hospice fraud and abuse enforcement is on the rise. Regulators have vowed to fight Medicare fraud and abuse, and the Affordable Care Act empowers law enforcement with more funding, increased coordination, and high-tech tools, including data mining, to better identify fraud and abuse.<br></div>
<div><br>On top of that, strengthened whistleblower provisions in the FCA make “blowing the whistle” on questionable practices a profitable business for whistleblowers and their lawyers. </div>
<div><br>The FCA authorizes treble damages (that is, three times the government’s loss); penalties of $5,500 to $11,000 per claim, as well as statutory debarment; or discretionary exclusion from federal programs.</div>
<h2 class="ms-rteElement-H2">Risk and Compliance</h2>
<div>When it comes to risk, the Greek philosopher Epictetus said, “prevention is the best cure.” Effective communication, training, and monitoring are essential to preventing and detecting fraud and abuse. OIG has identified more than 20 potential fraud-and-abuse risk areas, which should serve as a starting point for any institutionalized risk assessment process.</div>
<div><br>Based on a thorough review of FCA cases over the past decade, however, it is especially important to focus on these problematic areas:<br><br></div>
<div>■ Eligibility criteria. Those in the medical profession know that terminal illness can be unpredictable. That is why it is crucial for members of the interdisciplinary team to properly document their clinical judgments every day.<br><br></div>
<div>In order to remain eligible, terminal patients must have six months or less to live at the time of admission or recertification. It is important to clearly document evidence of the initial and continuing prognosis of a terminal illness and life expectancy of six months or less. This area is the primary source of government audits and often lacks adequate documentation of the patient’s deteriorating condition and continuing eligibility for the Medicare hospice benefit.<br><br></div>
<div>■ Technical requirements. Is there an individualized plan of care with a review no less than every 15 days? Is there a face-to-face encounter, and are the forms properly signed, dated, and in the correct format?<br><br></div>
<div>■ Relationship between hospice provider and nursing facility. Since nursing homes provide similar services to hospice providers, there is great potential for overlap in services reimbursed under the Medicare hospice benefit. OIG has issued several alerts and bulletins highlighting problematic relationships.</div>
<h2 class="ms-rteElement-H2">Best Practices for Providers</h2>
<div>From a risk management perspective, hospice providers and their nursing care center partners should adopt the following practices to help reduce the chance of fraud:<br><br></div>
<div>■ Proactive risk assessments. These should be performed annually to determine the risk of being audited or having potential liability to the government, whether it is administrative, civil, or criminal. Providers should carefully monitor OIG Fraud Bulletins and Advisory Memos and pay attention to OIG’s Annual Work Plan, which identifies areas of focus for the government. From that information, providers can conduct a proactive risk assessment based on the most up-to-date guidance.<br><br></div>
<div>■ Employee hotline. Any effective compliance program will incorporate an employee hotline or other type of reporting mechanism for employees or patients to report suspected wrongdoing anonymously.<br><br></div>
<div>■ Prospective audits. Any complaints received from employees or patients should be fully investigated with a prospective audit to determine if there is a problem. If a problem is found, an internal corrective action plan should be developed in order to bring the organization into compliance.<br><br></div>
<div>■ Voluntary disclosures. Of course, if a compliance problem is found in the company’s records, it has an obligation to report the issue though a voluntary disclosure. The government, with its limited resources, needs health care providers to self-regulate, self-enforce, and self-govern, and it provides many incentives for companies to do so. The penalties for self-reporting instances of fraud are far more lenient than if the fraud was reported by a whistleblower or uncovered by a federal agent.<br></div>
<div>■ Training and education. Another key element of an effective compliance program is a good training and education program. Employees should be educated about internal policies, procedures, and the company’s code of ethics; Medicare regulations pertaining to the hospice benefit; accurate billing procedures; and overall compliance with federal regulations. <br><br></div>
<div>Compliance isn’t a destination, it’s a continual improvement process. If providers are serious about avoiding fraud and abuse, they should strive to maintain an educated and ethical workplace. Increased scrutiny and penalties from the government make this absolutely essential.<br><br></div>
<div>From a business perspective, it is also more cost-effective to proactively mitigate potential fraud and abuse to avoid being subjected to a time-consuming and costly investigation or enforcement action. </div>
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<div><em>Latour “LT” Lafferty is a partner in Holland & Knight’s Tampa, Fla., office, focusing his practice on white collar criminal defense/litigation, corporate internal investigations, False Claims Act qui tam litigation, business tort litigation, corporate compliance, and organizational ethics. He represents home health, nursing, and hospice providers in regulatory enforcement matters. He can be reached at (813) 227-6361 or <a target="_blank" href="mailto:lt.lafferty@hklaw.com">lt.lafferty@hklaw.com</a>.</em></div> | Today, an increasing number of hospice patients reside in nursing homes while they receive longer and more sustained care for chronic progressive diseases before they die, and this is a particularly problematic relationship, according to the Office of Inspector General. | 2015-01-01T05:00:00Z | <img alt="" src="/Issues/2015/January/PublishingImages/legal_t.jpg" style="BORDER:0px solid;" /> | Legal | Legal Advisor |
Veterans: A Great Source For Senior Living | https://www.providermagazine.com/Issues/2015/January/Pages/Veterans-A-Great-Source--For-Senior-Living.aspx | Veterans: A Great Source For Senior Living | <div>Dedication. Innovation. Leadership. Problem solving. These are just a few of the crucial elements of what make a strong contributor to the growing and changing senior living industry in America. They also happen to be characteristics of a group of largely untapped workers and thinkers: the nation’s veterans. <br><br></div>
<div>On Sept. 10, Jeffery “Doc” Sinchak, a U.S. Navy veteran who works with the Wounded Warrior Project, addressed a gathering of the Executive Operators Forum at Direct Supply in Milwaukee, Wis. The audience included the members of the Executive Operators Forum, a collaborative group of executive-level operations leaders within post-acute care and senior living, as well as a number of veterans employed by Direct Supply. </div>
<h2 class="ms-rteElement-H2">Veterans Live With Remembered Trauma</h2>
<div>Sinchak urged the audience to think of the many forgotten veterans living among other Americans in cities and organizations. Because of their sacrifice, they experience complications, challenges, and sometimes despair. And, as Sinchak pointed out, it’s time for a conversation about hope for these individuals.<br><br></div>
<div>Sinchak talked fondly of the men and women he served with during his 24 years of honorable service in the Navy. Those lifelong friendships were born of struggle and adversity, as well as good times, and Sinchak drew a parallel between that team and the senior living profession team.<br><br></div>
<div>“In your organizations, you’re changing lives,” Sinchak said. He reminded his audience that the seniors they serve want to be cared for and comforted, and absolutely everyone in the industry is needed for that goal, from IT departments and teams fixing the HVAC, to cooks and technicians. </div>
<h2 class="ms-rteElement-H2">Personal Tales</h2>
<div>Sinchak talked about his personal adversity, and how his own service was cut short due to injury when the Iraq hotel where he stayed was bombed. What he remembers most vividly from that day are the bloody footprints of the people fleeing the building and his own duty and desire to help everyone he could. Those people he couldn’t save haunted his dreams for years upon returning home, and he didn’t always know how to handle the weight of those memories, just like so many men and women returning home every year. <br><br></div>
<div>“I couldn’t manage it,” he said. That’s what made coming home so difficult for him. In fact, he described coming home from duty as one of the worst days of his life, because he was leaving his team behind. </div>
<div>When Sinchak returned home to his family in 2004, he faced many challenges. He described watching his two sons play football, a game he was always so proud of and passionate about, and yet he felt no emotional connection.<br><br></div>
<div>“I was managing my physical, emotional, and psychological challenges by myself,” he recalled. Sinchak expressed hope, though, that this doesn’t always have to be the case for men and women who have served their country and returned. They often feel completely isolated and alone, but they don’t have to, he said.</div>
<h2 class="ms-rteElement-H2">Veterans Empathize With Adversity</h2>
<div>“You want to solve some of the challenges today in your industry?” Sinchak asked. “Ask some of the brightest and best to do that—the ones who have been wounded. These veterans are game changers. They’ve already demonstrated courage and innovation. And your teams suffer when they’re not on them.” </div>
<div>Sinchak pointed out that those in senior living are in a changing industry, and there are hundreds and thousands of men and women in this country who are ready and capable to help with those changes. They are veterans with skills. They are technicians, chefs, communicators, and IT professionals, and they all need jobs.</div>
<h2 class="ms-rteElement-H2">Gainful Employment Gives Veterans New Lease on Life</h2>
<div>Meaningful employment, according to the project, saves people, brings them onto a team, and shows them their leadership wasn’t lost when they survived their combat experience. Sinchak said the most important thing the project provides is a measure of accountability for the veterans.<br><br></div>
<div>The project does not write their resumés, but rather gives them the skills to write resumés themselves. The project also provides coaching, as well as helps with the interview process, connections with internships, and much more.<br><br></div>
<div>The Wounded Warrior Project helps veterans of the U.S. military who have served on active duty post-9/11 and have been wounded in mind, body, or spirit re-enter the workforce upon returning home. The goal of the Wounded Warrior Project is to foster the most well-adjusted generation of veterans in U.S. history.<br><br></div>
<div>They don’t deserve a job, Sinchak stressed, but rather, they’ve earned it. He asked every senior living leader to consider veterans in their hiring practices. “It’s not entitlement, ladies and gentlemen,” Sinchak said, “it’s empowerment.” </div>
<div> </div>
<div><em>Mary Evans is executive vice president at Covenant Care at The Resource Center in Aliso Viejo, Calif. She is Col USAF, retired.</em></div> | On Sept. 10, Jeffery “Doc” Sinchak, a U.S. Navy veteran who works with the Wounded Warrior Project, addressed a gathering of the Executive Operators Forum at Direct Supply in Milwaukee, Wis. The audience included the members of the Executive Operators Forum, a collaborative group of executive-level operations leaders within post-acute care and senior living, as well as a number of veterans employed by Direct Supply. | 2015-01-01T05:00:00Z | <img alt="" src="/Issues/2015/January/PublishingImages/hr_t.jpg" style="BORDER:0px solid;" /> | Workforce | Column |
Go To The Source: What Do Residents Want? | https://www.providermagazine.com/Issues/2015/January/Pages/Go-To-The-Source-What-Do-Residents-Want.aspx | Go To The Source: What Do Residents Want? | <div><div class="ms-rteElement-Callout2">This is Part 3 in a periodic series of articles linking the Centers for Medicare & Medicaid Services (CMS) impending Quality Assurance and Performance Improvement (QAPI) procedures with the requirements of the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) National Quality Award Program.</div>
<div> </div>
<div>The QAPI feature that will be today’s focus is building on residents’ own goals for health, quality of life, and daily activity. Ways to accomplish this goal include using feedback systems to actively incorporate input from staff, residents, families, and others as appropriate. These may include satisfaction surveys, interviews, listening to family council and resident council members, and getting input from care planning team members.</div></div>
<h2 class="ms-rteElement-H2">Relationship To Bronze Criteria</h2>
<div>The AHCA/NCAL National Quality Award Program criteria, which are based on the Malcolm Baldrige Health Care Criteria for Performance Excellence, ask that applicants for the Bronze award define their key market segments, patient and other customer groups, and stakeholder groups, as appropriate. This includes indentifying their key requirements and expectations for health care services and operations, as well as highlighting key differences in these requirements and expectations.<br><br></div>
<div>Customers include the direct and potential users of health care services (residents/patients), as well as referring health care providers and those who pay for services, such as patients’ families, insurers, and other third-party payers. The requirements of those customers will differ based on expectations, behaviors, preferences, or profiles. <br><br></div>
<div>The criteria require organizations to first identify their customer groups, and then build on that to identify the unique and specific needs of each group.</div>
<h2 class="ms-rteElement-H2">Relationship To Silver Criteria</h2>
<div>At the Silver award level, applicants are asked to describe how their senior leaders communicate with customers and create an environment for customer engagement, consistent with the customer requirements described at the Bronze level.<br><br></div>
<div>Applicants are also asked to explain how they listen to their customers and gain information on their satisfaction, dissatisfaction, and engagement. Then, with this information in mind, applicants should describe how they determine health service offerings and communication mechanisms to support their customers and build relationships with them.<br><br></div>
<div>Silver-level recipients must have effective processes in place to design, manage, and improve their key health care services and work processes to achieve value for patients and other customers and achieve organizational success and sustainability. In this area, the Baldrige criteria also ask organizations to describe their process for developing a new or improved service to meet customer and community needs better.<br><br></div>
<div>These criteria continue the focus not only on the customer, but on his or her unique needs and providing services that meet those needs.<br><br></div>
<div>Key work processes are always accomplished by the recipient’s workforce, not external suppliers. They represent the most important internal value-creation processes. They might include health care service design and delivery, patient and other customer support, and business support processes. Key work processes typically involve the majority of the workforce. </div>
<h2 class="ms-rteElement-H2">Relationship To Gold Criteria</h2>
<div>Gold recipients must demonstrate all the principles and requirements laid out for Silver recipients and more. In Gold recipient organizations, senior leaders create a workforce culture that delivers a consistently positive experience for patients and other customers and fosters customer engagement. This culture goes well beyond customer satisfaction and reflects customers that feel they are a part of the organization and advocate for it—this is a key tenant for a center truly focused on each resident’s individual needs, preferences, and desires.<br><br></div>
<div>When setting expectations for organizational performance, senior leaders are expected to include a focus on creating and balancing value for different customers and other stakeholders (consistent with those described at the Bronze level). <br><br></div>
<div>When listening to customers, Gold recipients demonstrate effective listening methods that vary for different patient groups, other customer groups, or market segments. They use social media and Web-based technologies to listen to patients and other customers. These organizations also seek immediate and actionable feedback from customers on the quality of health care services, support, and transactions. </div>
<div>This information, together with data about customer satisfaction and engagement, is used to help deliver services and build relationships that exceed the expectations of customers and secure their engagement for the long term.<br><br></div>
<div>They are expected to describe how they design their health care services and work processes to meet all key requirements – including health care service excellence. They are expected to address and consider each patient’s expectations and preferences in the day-to-day operation of work processes. This includes explaining health care service delivery processes and likely outcomes to set realistic patient expectations.</div>
<div>In addition, Gold recipients have effective methods in place throughout the organization to factor patient decision making and patient preferences into the delivery of health care. </div>
<h2 class="ms-rteElement-H2">Following Criteria Gets Results</h2>
<div>Marnie Talamona, administrator of 2014 Gold recipient, Glen Hill Center, Genesis HealthCare Corp., talks about the value the Baldrige criteria had in their organization. “Focusing on the Gold application has afforded us the opportunity to apply the Baldrige criteria into our everyday practices,” she says. </div>
<div>“In doing so, we were able to identify what we do best, what we need to improve upon, and the best way to achieve and maintain excellence.”<br><br></div>
<div>The Baldrige criteria used in the AHCA/NCAL Quality Award Program helped Glen Hill build on its residents’ own goals for health, quality of life, and daily activities, she adds. Her team has learned that a systematic process is needed to gather information from their residents and families so they can improve their care and services.<br><br></div>
<div>Glen Hill has implemented multiple methods to listen and learn from its residents and family members, which has allowed the center to identify expectations and customize the care and service delivery for each resident. “Our senior leaders use this information to make decisions, prioritize their work process improvements, and improve the overall organization,” Talamona says.<br><br></div>
<div>“Through the Baldrige criteria we are able to maintain our improvements and understand that by building on residents’ own goals for health we will improve their quality of life and daily activities.” </div>
<div> </div>
<div><em>Barbara Baylis, RN MSN, vice president of clinical services at Sava Senior Care Consulting, is a nurse executive accomplished in clinical and quality improvement systems. She serves as an AHCA/NCAL Quality Award Examiner as well as a member of the Quality Award Board of Overseers. Mark Blazey, PhD, is a leading expert in the application of the Baldrige criteria for performance excellence. Blazey is currently serving as a member of the AHCA/NCAL Quality Award Panel of Judges and is a member of the Quality Award Board of Overseers.</em></div> | This is Part 3 in a periodic series of articles linking the Centers for Medicare & Medicaid Services (CMS) impending Quality Assurance and Performance Improvement (QAPI) procedures with the requirements of the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) National Quality Award Program. | 2015-01-01T05:00:00Z | <img alt="" src="/Issues/2014/PublishingImages/1014/trophies_t.jpg" style="BORDER:0px solid;" /> | Quality | Column |
Defending False Claims Act Medical Necessity Cases | https://www.providermagazine.com/Issues/2015/January/Pages/Defending-False-Claims-Act-Medical-Necessity-Cases.aspx | Defending False Claims Act Medical Necessity Cases | <div>In recent years, the government has demonstrated an increased willingness to use the False Claims Act (FCA) to challenge the medical necessity of services provided to Medicare beneficiaries.<br><br></div>
<div><span><span><img class="ms-rtePosition-1" alt="Jason Bring" src="/Issues/2015/January/PublishingImages/legal_Bring.jpg" width="118" height="166" style="margin:5px 10px;" /></span></span>In many cases, there is no dispute that the challenged services have been provided to Medicare beneficiaries and that the billings accurately reflect the services provided. Rather, the government asserts, based on a retrospective review, that the services actually provided were not “reasonable and necessary” and, therefore, should not have been provided and billed.<br><br></div>
<div>In the past, these medical necessity challenges would be handled almost exclusively through the specialized administrative appeals processes established by Congress, in which providers were often successful in demonstrating medical necessity.</div>
<h2 class="ms-rteElement-H2">A New Protocol</h2>
<div>With increasing frequency, however, the government is pursuing medical necessity allegations in federal courts through the FCA, where the stakes are significantly higher, with the possibility of treble damages and civil penalties of up to $11,000 for each claim.<br><br></div>
<div>Often the first indication of a government investigation will be a call from a former employee indicating that they have been contacted by a government investigator or a subpoena requesting documents. At this point it is important to contact counsel (in-house or outside) to implement a litigation hold and to assist with the provider’s own investigation and the response to the government’s investigation.<br><br></div>
<div>The goal at this stage is to determine as much as possible what the government’s concerns are and to respond promptly and completely to those concerns. Often, counsel can work cooperatively with the government to narrow the scope of subpoenas to ensure a production that is more prompt and more focused on the government’s concerns.<br><br></div>
<div><img src="/Issues/2015/January/PublishingImages/legal_1.gif" class="ms-rtePosition-2" alt="" style="margin:5px 10px;" />Usually, following an investigation period involving document production and interviews of witnesses, the government will meet with the provider to discuss its findings, its concerns, and the possibility of a resolution. This meeting provides a good opportunity to gain a better understanding of the government’s concerns and the factors and evidence driving them.<br><br></div>
<div>Typically, following the government’s presentation, the provider will be given an opportunity to further investigate, and then respond to, the government’s concerns. This is often the best opportunity to influence the government’s view of the case and to either convince the government not to pursue the case as a FCA violation or to negotiate a resolution. This meeting provides an opportunity to tell the provider’s side of the story and to add context to any “bad” facts.</div>
<h2 class="ms-rteElement-H2">The Case</h2>
<div><span></span>In a recent hospice case, the government alleged that the provider admitted patients to hospice who did not meet hospice criteria. The government relied, in large part, on a post hoc medical review in which a retained physician maintained that admitted hospice patients were not eligible for the hospice benefit. The provider’s attorneys were able to point to numerous government publications acknowledging the inherent uncertainty of a prognosis of a six-month life expectancy. </div>
<div><br>Out of the five patients whom the government presented as the “worst of the worst,” there were five separate attending physicians who had referred and certified those patients (along with the medical directors).</div>
<div><br>Thus, to believe the government’s story would be to believe that five independent, local physicians had referred their long-time patients to hospice care, and that these patients had agreed to receive hospice care, even though these physicians did not honestly believe that the patients were terminally ill. The attorneys further presented the review of a highly qualified expert on palliative care who testified that each of the government’s professed five worst examples was eligible for hospice.</div>
<h2 class="ms-rteElement-H2">Responding To The Complaint</h2>
<div>The government ultimately filed a Complaint in Intervention. </div>
<div><br>In an attempt to circumvent the certifications of terminal illness that had been executed by multiple attending physicians (with absolutely nothing to gain by making a false certification), the government alleged that one of the hospice’s former medical directors had said that he was “not really” involved in the certification process and would only be “asked what he thought” about a patient. </div>
<div><br>The government did not directly allege that this medical director, or any other physician, had falsely certified any patient as terminally ill.</div>
<div><br><img class="ms-rtePosition-1" alt="Jared Rissler" src="/Issues/2015/January/PublishingImages/legal_Rissler.jpg" width="135" height="189" style="margin:5px 15px;width:118px;height:165px;" />In response, the attorneys filed a Motion to Dismiss, arguing that the allegations in the complaint did not allege that any physician falsely certified any patient’s hospice eligibility with sufficient specificity or that the provider knew of any false certifications. </div>
<div><br>Shortly thereafter, they filed a similar Motion for Summary Judgment, attaching sworn declarations from every physician and medical director who had certified the hospice eligibility of every patient listed in the Complaint.</div>
<div><br>In each declaration, the physicians acknowledged that they continued to stand by their clinical determinations—as physicians personally involved in these patients’ care—that their certifications were valid when made and that these patients were terminally ill.</div>
<h2 class="ms-rteElement-H2">Physician Determinations Hold Up</h2>
<div>Relying heavily on its allegation that a former medical director had said that he was “not really” involved in the certification process, the government requested that the court allow discovery so that it could explore whether the physicians had, in fact, relied on their clinical judgment. While the trial court allowed discovery, it required that the government produce all transcripts and notes from its interviews of witnesses (including the medical director).</div>
<div><br>None of the interview notes supported the government’s narrative that perhaps physicians were not really involved in the certification process but were simply relying on the hospice nurses to complete the certifications.</div>
<div><br>Armed with only an expert review that contradicted the independent clinical judgment of multiple local attending physicians, the government agreed to settle the matter for an amount less than its asserted single damages calculation. <br><br><em>Jason Bring is a partner in the Litigation and Healthcare practices at Arnall Golden Gregory (AGG) in Atlanta and leads the firm’s Long-term Care Industry Group. He can be reached at Jason.bring@agg.com or (404) 873-8162. Jerad Rissler is of counsel in the Litigation and Healthcare practices of AGG and represents clients in litigation, arbitration, and mediation. Contact him at Jerad.rissler@agg.com or (404) 873-8780.</em></div> | With increasing frequency, however, the government is pursuing medical necessity allegations in federal courts through the FCA, where the stakes are significantly higher, with the possibility of treble damages and civil penalties of up to $11,000 for each claim. | 2015-01-01T05:00:00Z | <img alt="" src="/Articles/PublishingImages/150x150/legal_books2_thumb.jpg" style="BORDER:0px solid;" /> | Legal | Legal Advisor |