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HCAM Legal-Regulatory Conference HCAM Legal-Regulatory Conference 2-13-07 2-13-07 HCAM Questions HCAM Questions Submitted 2-6-07 Submitted 2-6-07

HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

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Page 1: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

HCAM Legal-Regulatory HCAM Legal-Regulatory ConferenceConference

2-13-072-13-07

HCAM Questions HCAM Questions

Submitted 2-6-07Submitted 2-6-07

Page 2: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

F-518 states that the facility must F-518 states that the facility must conduct periodic disaster drills conduct periodic disaster drills (besides the fire drills). Does once a (besides the fire drills). Does once a year meet the minimum requirements? year meet the minimum requirements?

Page 3: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

““Periodic review” is a judgment made by the facility Periodic review” is a judgment made by the facility based on its unique circumstances. Changes in based on its unique circumstances. Changes in physical plant or changes external to the facility can physical plant or changes external to the facility can cause a review of the disaster review plan.cause a review of the disaster review plan.

Rule 117, R325.20117, requires a nursing home to Rule 117, R325.20117, requires a nursing home to have a written plan or procedure to be followed in have a written plan or procedure to be followed in case of fire, explosion, or other emergency. The case of fire, explosion, or other emergency. The rule specifies the content and also states that a rule specifies the content and also states that a regular, simulated drill shall be held for each shift regular, simulated drill shall be held for each shift not less than 3 times per year.not less than 3 times per year.

Page 4: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Obviously, the state obtains statistics Obviously, the state obtains statistics on surveys, how do you and the on surveys, how do you and the licensing officers monitor consistency licensing officers monitor consistency among citing and scope and severity among citing and scope and severity amongst the teams? In addition how amongst the teams? In addition how do you monitor for consistency with all do you monitor for consistency with all the new interpretive guidelines?the new interpretive guidelines?

Page 5: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

What we do to work towards What we do to work towards consistency: we train staff and consistency: we train staff and managers (and occasionally retrain), managers (and occasionally retrain), managers discuss issues on recurring managers discuss issues on recurring basis, we use IDR results for training, basis, we use IDR results for training, we have CMS oversight surveys and we have CMS oversight surveys and performance reviews. We will be performance reviews. We will be reinstituting QA reviews. reinstituting QA reviews.

Page 6: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Why don’t the surveyors hold daily meetings Why don’t the surveyors hold daily meetings with facilities in order to assure that the with facilities in order to assure that the surveyors have all the information before surveyors have all the information before leaving the facility in order to accurately leaving the facility in order to accurately determine noncompliance? If residents (by determine noncompliance? If residents (by identification number) are not shared with identification number) are not shared with facility at exit and potential tags, then how facility at exit and potential tags, then how does the facility begin to correct the does the facility begin to correct the deficient practice immediately as BHS has deficient practice immediately as BHS has recommended? How does the facility begin recommended? How does the facility begin the level one IDR process? the level one IDR process?

Page 7: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

If providers want daily meetings, they should If providers want daily meetings, they should request it of the team survey leader. request it of the team survey leader. Providers should be getting identifier list so Providers should be getting identifier list so they can identify residents affected by they can identify residents affected by potential violations. CMS recently issued potential violations. CMS recently issued letter indicating that this information, along letter indicating that this information, along with surveyor notes is not to be shared. with surveyor notes is not to be shared. CMS is reviewing its guidance.CMS is reviewing its guidance.

Page 8: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

SOM, Appendix P, Task 5 “A”SOM, Appendix P, Task 5 “A”

The team should meet on a daily basis to share information, e.g., The team should meet on a daily basis to share information, e.g., findings to date, areas of concern, any changes needed in the findings to date, areas of concern, any changes needed in the focus of the survey. These meetings include discussions of focus of the survey. These meetings include discussions of concerns observed, possible requirements to which those concerns observed, possible requirements to which those problems relate, and strategies for gathering additional problems relate, and strategies for gathering additional information to determine whether the facility is meeting the information to determine whether the facility is meeting the requirements.requirements.

Throughout the survey, discuss observations, as appropriate, with Throughout the survey, discuss observations, as appropriate, with team members, facility staff, residents, family members, and the team members, facility staff, residents, family members, and the ombudsman. Maintain an open and ongoing dialogue with the ombudsman. Maintain an open and ongoing dialogue with the facility throughout the survey process. This gives the facility the facility throughout the survey process. This gives the facility the opportunity to provide additional information in considering any opportunity to provide additional information in considering any alternative explanations before making deficiency decisions. This, alternative explanations before making deficiency decisions. This, however, does not mean that every negative observation is however, does not mean that every negative observation is reported on a daily basis, e.g., at a nightly conference. Moreover, reported on a daily basis, e.g., at a nightly conference. Moreover, if the negative observation relates to a routine that needs to be if the negative observation relates to a routine that needs to be monitored over time to determine whether a deficiency exists, monitored over time to determine whether a deficiency exists, wait until a trend has been established before notifying the facility wait until a trend has been established before notifying the facility of the problem. of the problem.

Page 9: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

In regards to the background checks and In regards to the background checks and personnel records, what type of documentation personnel records, what type of documentation is the facility expected to show the surveyors to is the facility expected to show the surveyors to be in compliance for staffing companies, be in compliance for staffing companies, therapy companies, laboratory companies etc therapy companies, laboratory companies etc per F-226? If the facility contracted with per F-226? If the facility contracted with another agency that is covered under the another agency that is covered under the criminal background check, i.e. Hospice, why criminal background check, i.e. Hospice, why would the facility have to keep any records would the facility have to keep any records except the contract where it is stipulated that except the contract where it is stipulated that the Hospice is responsible to follow the same the Hospice is responsible to follow the same law for their employees that applies to the law for their employees that applies to the nursing facilities? Please clarify what the nursing facilities? Please clarify what the requirement is.requirement is.

Page 10: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

Section 20173a(2) [MCL 333.20173a(2)] states that a Section 20173a(2) [MCL 333.20173a(2)] states that a nursing home is responsible for the criminal nursing home is responsible for the criminal background check and cannot independently contract background check and cannot independently contract with an individual who provides direct services with an individual who provides direct services without first conducting a criminal background check. without first conducting a criminal background check. A contract with the supplying contractor isn't enough. A contract with the supplying contractor isn't enough. When asked by a surveyor, the nursing home should When asked by a surveyor, the nursing home should actually provide the evidence of the check (and lack actually provide the evidence of the check (and lack of criminal background). The criminal background of criminal background). The criminal background check documentation can be obtained by the nursing check documentation can be obtained by the nursing home from contractor. home from contractor.

Page 11: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Explain how the licensing teams and Explain how the licensing teams and the complaint team coordinate FRI’s, the complaint team coordinate FRI’s, complaint investigations and follow-up complaint investigations and follow-up revisits.revisits.

Page 12: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

The standard survey schedules are shared The standard survey schedules are shared with the complaint team for cross reference with the complaint team for cross reference and identification of survey activity involving and identification of survey activity involving both teams. CIU managers review the both teams. CIU managers review the schedules at the end of each week to see if schedules at the end of each week to see if there are opportunities to consolidate work. there are opportunities to consolidate work. As part of standard survey preparation, NHM As part of standard survey preparation, NHM staff look to see what complaints and FRIs staff look to see what complaints and FRIs are pending - again to see if the work can be are pending - again to see if the work can be consolidated, residents who are the subject consolidated, residents who are the subject of complaint or FRI can be included in the of complaint or FRI can be included in the standard survey sample.standard survey sample.

Page 13: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Why do the surveyors not stay in the Why do the surveyors not stay in the building until an IJ is abated building until an IJ is abated (withdrawn) like the SOM state? (withdrawn) like the SOM state? Subsequently, then how can an IJ be Subsequently, then how can an IJ be called days after the surveyor exited called days after the surveyor exited the facility? the facility?

Page 14: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

Surveyors are not required to stay in the Surveyors are not required to stay in the building until an IJ is removed. building until an IJ is removed.

IJs can be called after exit based on review IJs can be called after exit based on review of information obtained during the survey, of information obtained during the survey, from other sources after the survey "exit." from other sources after the survey "exit."

Logistically, there can be delays due to Logistically, there can be delays due to PHC requirement that Division of PHC requirement that Division of Operations Director or Nursing Home Operations Director or Nursing Home Monitoring Director be involved in making Monitoring Director be involved in making IJ decision. See MCL 333.20155(20). IJ decision. See MCL 333.20155(20). (HCAM Initiative)(HCAM Initiative)

Page 15: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

When licensing officers review the When licensing officers review the 2567’s before they are sent to the 2567’s before they are sent to the facility, do they check to see that the facility, do they check to see that the plan of correction date was considered plan of correction date was considered for date of compliance instead of the for date of compliance instead of the survey exit date for first and second survey exit date for first and second revisits? Is this reinforced with the revisits? Is this reinforced with the surveyors periodically especially new surveyors periodically especially new surveyors?surveyors?

Page 16: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

I don't understand this question as written. What I think it I don't understand this question as written. What I think it is asking is do managers review the completion date in a is asking is do managers review the completion date in a plan of correction and how is the compliance date plan of correction and how is the compliance date determined after a revisit. SOM 7317B addresses determined after a revisit. SOM 7317B addresses compliance date, BHS Plan of Correction Instructions compliance date, BHS Plan of Correction Instructions (website) has information about compliance date, BHS has (website) has information about compliance date, BHS has in past sent providers information about how compliance in past sent providers information about how compliance date is determined.date is determined.

To repeat, the completion date in an acceptable plan of To repeat, the completion date in an acceptable plan of correction is the compliance date for the 1st revisit, if there correction is the compliance date for the 1st revisit, if there is not current evidence of non-compliance. On the second is not current evidence of non-compliance. On the second revisit, the compliance date is the date that evidence revisit, the compliance date is the date that evidence received or observed by surveyors indicates compliance. received or observed by surveyors indicates compliance. For the third revisit, the compliance date is the revisit date. For the third revisit, the compliance date is the revisit date.

As stated, this information is printed in several places. It is As stated, this information is printed in several places. It is occasionally reviewed with managers and surveyors.occasionally reviewed with managers and surveyors.

Page 17: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Complaint Team - High priority Complaint Team - High priority complaints and self-reported incidents complaints and self-reported incidents seem to be taking longer to investigate seem to be taking longer to investigate up to 15 months. Are there protocols up to 15 months. Are there protocols regarding timeliness that the regarding timeliness that the complaint team must follow and if not complaint team must follow and if not timely what recourse does the facility timely what recourse does the facility have?have?

Page 18: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

See Complaint and FRI Manual 6200.See Complaint and FRI Manual 6200.

See State Operations Manual 5075 that has See State Operations Manual 5075 that has investigation priorities. investigation priorities.

It is true investigations are taking longer. The It is true investigations are taking longer. The well documented problem with large number of well documented problem with large number of FRIs is responsible. We are mostly compliant with FRIs is responsible. We are mostly compliant with 2 day investigation requirement for immediate 2 day investigation requirement for immediate jeopardy allegations. We are months behind on jeopardy allegations. We are months behind on harm. Apparently some are 12 months old. As harm. Apparently some are 12 months old. As for what facilities can do, as has been said many for what facilities can do, as has been said many times - they should take immediate corrective times - they should take immediate corrective action so that when an investigation is completed action so that when an investigation is completed it can be given consideration for past non-it can be given consideration for past non-compliance.compliance.

Page 19: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question: Question:

What recourse does the facility have when What recourse does the facility have when the 2567’s are not being sent out per the the 2567’s are not being sent out per the SOM requirement of 10 business days? Can SOM requirement of 10 business days? Can the exit date be changed to reflect request the exit date be changed to reflect request for additional information or BHS‘s delay in for additional information or BHS‘s delay in determining whether to cite which could determining whether to cite which could affect the facility’s timeline for revisits and affect the facility’s timeline for revisits and enforcement?enforcement?

Page 20: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer: Answer:

On complaints, the date on the 2567 reflects On complaints, the date on the 2567 reflects when the investigation is completed. This is when the investigation is completed. This is most often the survey exit date. But when most often the survey exit date. But when there is substantial investigation that occurs there is substantial investigation that occurs after exit, that exit date is not used. By after exit, that exit date is not used. By substantial investigation, we mean, e.g., review substantial investigation, we mean, e.g., review of hospital records, interviews of key staff. of hospital records, interviews of key staff. Calls to verify or clarify a statement or record Calls to verify or clarify a statement or record entry do not apply.entry do not apply.

Standard revisits typically occur approximately Standard revisits typically occur approximately 60 days after exit – 2567 delay not an issue.60 days after exit – 2567 delay not an issue.

Page 21: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Use of past noncompliance. Training was Use of past noncompliance. Training was conducted by BHS for providers and conducted by BHS for providers and surveyors. What system is in place so new surveyors. What system is in place so new surveyors and current surveyors utilize this surveyors and current surveyors utilize this process? If some surveyors will not consider process? If some surveyors will not consider or even look at the materials what should or even look at the materials what should facilities do? Facilities do not like to elevate facilities do? Facilities do not like to elevate to the next level for fear of retaliation.to the next level for fear of retaliation.

Page 22: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

New surveyors are trained on past non-New surveyors are trained on past non-compliance. Surveyors are trained to compliance. Surveyors are trained to consider past non-compliance along with the consider past non-compliance along with the multitude of tasks they are required to multitude of tasks they are required to perform for revisits. Facilities can assist perform for revisits. Facilities can assist these determinations by first being aware of these determinations by first being aware of the criteria for "past non-compliance" and the criteria for "past non-compliance" and offering evidence to help the determination. offering evidence to help the determination. If surveyors won’t consider PNC – move up If surveyors won’t consider PNC – move up chain of command.chain of command.

Page 23: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Why is MPRO the sole agency for Why is MPRO the sole agency for Directed POC’s and Directed In-Directed POC’s and Directed In-services? Could there not be another services? Could there not be another agency or persons available as a agency or persons available as a choice? This is needed with the choice? This is needed with the continuous change in staff at MPRO continuous change in staff at MPRO and the delay in obtaining the services and the delay in obtaining the services timely. Some of MPRO staff did not timely. Some of MPRO staff did not succeed working in a nursing facility. succeed working in a nursing facility. What other options are there?What other options are there?

Page 24: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

MPRO is the service provider of choice for MPRO is the service provider of choice for Directed Inservices and Directed Plans of Directed Inservices and Directed Plans of Correction based on past practice and feedback Correction based on past practice and feedback from BHS managers.from BHS managers.

Problems with availability of MPRO remediators or Problems with availability of MPRO remediators or delays in obtaining service should be brought to delays in obtaining service should be brought to the attention of the manager that required DIT or the attention of the manager that required DIT or DPOC. Special circumstances, e.g. a consultant DPOC. Special circumstances, e.g. a consultant who is already working with a facility and is who is already working with a facility and is provider preferred person for remediation can be provider preferred person for remediation can be discussed with BHS manager. Value, not cost, discussed with BHS manager. Value, not cost, can be considered. can be considered.

"Some of MPRO staff did not succeed working in a "Some of MPRO staff did not succeed working in a nursing facility” means what?nursing facility” means what?

Page 25: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

If Michigan is awarded the opportunity to If Michigan is awarded the opportunity to participate in the QIS survey pilot, how participate in the QIS survey pilot, how would the state implement this? would the state implement this? Approximately how many facilities would be Approximately how many facilities would be involved, selected randomly? If the state is involved, selected randomly? If the state is awarded the contract to participate in the awarded the contract to participate in the pilot when would the state anticipate pilot when would the state anticipate training the providers?training the providers?

Page 26: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

Deferring answer at this time. It Deferring answer at this time. It seems unlikely Michigan will seems unlikely Michigan will participate on pilot project.participate on pilot project.

See CMS S&C 07-09. See CMS S&C 07-09.

Page 27: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Why doesn’t the state implement the dining Why doesn’t the state implement the dining assistant program when other states have assistant program when other states have successfully for years provided this added successfully for years provided this added benefit to the residents? The report from benefit to the residents? The report from MSU basically concluded that there were no MSU basically concluded that there were no safety issues and residents did have an safety issues and residents did have an enhanced dining experience? There is not a enhanced dining experience? There is not a need for legislation, the state has the power need for legislation, the state has the power to implement based on the federal register. to implement based on the federal register. Michigan residents are missing out on an Michigan residents are missing out on an enhanced dining experience. enhanced dining experience.

Page 28: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

The State’s position is it will wait on The State’s position is it will wait on legislative action.legislative action.

What is HCAM doing to advance What is HCAM doing to advance legislation?legislation?

Page 29: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

Please explain BHS’s authority to Please explain BHS’s authority to overturn MPRO’s IDR results and in overturn MPRO’s IDR results and in addition please give us some statistics addition please give us some statistics on how often this occurred in the past on how often this occurred in the past two years and the reason(s) for it.two years and the reason(s) for it.

Page 30: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

SOM 7212C(3) NOTE: Informal dispute resolution is a SOM 7212C(3) NOTE: Informal dispute resolution is a process in which State Agency officials make process in which State Agency officials make determinations of noncompliance. States should be determinations of noncompliance. States should be aware that CMS holds them accountable for the aware that CMS holds them accountable for the legitimacy of the process including the accuracy and legitimacy of the process including the accuracy and reliability on conclusions that are drawn with respect reliability on conclusions that are drawn with respect to survey findings. This means that while States may to survey findings. This means that while States may have the option to involve outside persons or entities have the option to involve outside persons or entities they believe to be qualified to participate in this they believe to be qualified to participate in this process, it is the States, not outside individuals or process, it is the States, not outside individuals or entities, that are responsible for informal dispute entities, that are responsible for informal dispute resolution decisions. CMS will look to the States to resolution decisions. CMS will look to the States to assure the viability of these decision-making assure the viability of these decision-making processes, and holds States accountable for them.processes, and holds States accountable for them.

Page 31: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

MPRO offers advisory opinion, so BHS does MPRO offers advisory opinion, so BHS does not technically overturn their decision. We not technically overturn their decision. We don't keep statistics how many times we don't keep statistics how many times we have rejected MPRO opinion to delete have rejected MPRO opinion to delete citation. An estimate is less than 10 times. citation. An estimate is less than 10 times. We reject MPRO opinion when we feel that We reject MPRO opinion when we feel that it does not follow regulations or is it does not follow regulations or is inconsistent with facts.inconsistent with facts.

Page 32: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

The Michigan Operations Manual draft is out The Michigan Operations Manual draft is out for comment as of February 5, 2007. We for comment as of February 5, 2007. We understand that BHS has been working on understand that BHS has been working on this draft for almost two years and this is this draft for almost two years and this is obviously an extremely important document obviously an extremely important document that requires our careful consideration so that requires our careful consideration so would BHS please extend the time period for would BHS please extend the time period for submitting comments? We would deeply submitting comments? We would deeply appreciate an extension. Can you briefly appreciate an extension. Can you briefly elaborate/highlight on what you consider are elaborate/highlight on what you consider are the significant proposed revisions/additions?the significant proposed revisions/additions?

Page 33: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

I won't formally extend the date for comments. I won't formally extend the date for comments. Comments can be submitted at any time and will Comments can be submitted at any time and will be considered. I expect there will be some be considered. I expect there will be some additional time after comment period closes in additional time after comment period closes in which we will be working on manual and revisions which we will be working on manual and revisions can be made.can be made.

Major changes are the addition of standard Major changes are the addition of standard survey and licensing protocols. Some updates to survey and licensing protocols. Some updates to complaint investigation section to incorporate complaint investigation section to incorporate CMS complaint priorities language.CMS complaint priorities language.

Page 34: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

We understand BHS will provide an update on FRIs, We understand BHS will provide an update on FRIs, logs, etc. Why does Michigan compared to other logs, etc. Why does Michigan compared to other states report resident to resident allegations when states report resident to resident allegations when the other states within CMS Region V report only the other states within CMS Region V report only basically those with serious injury, those requiring basically those with serious injury, those requiring medical attention or repeat offenders who harmed a medical attention or repeat offenders who harmed a resident previously etc? In 2006 Michigan cited resident previously etc? In 2006 Michigan cited facilities 103 times for F-223, which accounted for facilities 103 times for F-223, which accounted for 103 of the 191 F-223 cites for CMS Region V. 103 of the 191 F-223 cites for CMS Region V. Michigan’s 103 cites was more than all other CMS Michigan’s 103 cites was more than all other CMS regions in the country as a whole except for San regions in the country as a whole except for San Francisco. Could Michigan follow the other states Francisco. Could Michigan follow the other states allegation reporting for resident to resident to reduce allegation reporting for resident to resident to reduce the number of intakes for the state in order to more the number of intakes for the state in order to more efficiently deal with the volume, timelines of efficiently deal with the volume, timelines of investigations etc?investigations etc?

Page 35: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

CMS has made it clear, as recently as CMS has made it clear, as recently as 2/6/07 that resident to resident 2/6/07 that resident to resident altercations are to be reported as altercations are to be reported as alleged abuse incidents without any alleged abuse incidents without any qualification of seriousness of injury. qualification of seriousness of injury. Michigan will follow the regulations as Michigan will follow the regulations as we understand them. we understand them.

Page 36: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Question:Question:

I wanted to ask clarification on the SOP. A facility was already I wanted to ask clarification on the SOP. A facility was already cited for F-324 on an annual and gave a completion date of 2-cited for F-324 on an annual and gave a completion date of 2-18-07. The facility then had a complaint survey obviously 18-07. The facility then had a complaint survey obviously prior to the POC date and the complaint team cited the same prior to the POC date and the complaint team cited the same tag. Why wouldn’t the “Summary Report” just reflect that the tag. Why wouldn’t the “Summary Report” just reflect that the facility is already out for F324 and the POC completion date facility is already out for F324 and the POC completion date has not been met so either report amended with the example has not been met so either report amended with the example or just stated that facility is working on POC, etc. Why get a or just stated that facility is working on POC, etc. Why get a double tag like double jeopardy. I appreciate it might be a double tag like double jeopardy. I appreciate it might be a different example as we discussed before talking about past different example as we discussed before talking about past noncompliance, etc. Not like the complaint event occurred noncompliance, etc. Not like the complaint event occurred after the POC date that they put down on the 2567. (Received after the POC date that they put down on the 2567. (Received 2-9-07.)2-9-07.)

Page 37: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Answer:Answer:

There are no SOM provisions addressing this There are no SOM provisions addressing this situation. Deficiencies may be cited when found. situation. Deficiencies may be cited when found. There is no double jeopardy. I encourage cite when There is no double jeopardy. I encourage cite when POC is needed because prior cite is different POC is needed because prior cite is different example.example.

Standard survey covered falls issue, complaint FRI Standard survey covered falls issue, complaint FRI involved falls and elopement. Falls issue was cited involved falls and elopement. Falls issue was cited as M346, state tag only; elopement cited as F-324 as M346, state tag only; elopement cited as F-324 and POC required.and POC required.

Page 38: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Facility Reported Incident Intake HistoryFacility Reported Incident Intake History

595 395 384

210

801

4462

1386**

4158*

0

500

1000

1500

2000

2500

3000

3500

4000

4500

FY 200

1

FY 200

2

FY 200

3

FY 200

4

FY 200

5

FY 200

6

FY 200

7

*Projected based on current totals.

** FRI totals for FY2007, as of January 31, 2007.

Page 39: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Facility Reported Incident Intake HistoryFacility Reported Incident Intake HistoryFY 2007FY 2007 Category 3 – Non-UrgentCategory 3 – Non-Urgent

271

245

208

118

0

50

100

150

200

250

300

Oct-06 Nov-06 Dec-06 Jan-07

Page 40: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Facility Participation in Facility Facility Participation in Facility Reported Incident LogReported Incident Log

Participating Participating facilitiesfacilities

Non-Non-participatingparticipating

No ResponseNo Response

Detroit Metro Detroit Metro WestWest

4747 2222 1717

Detroit Metro Detroit Metro EastEast

6262 2121 1111

SouthwestSouthwest 6363 1515 1313

Mid-MichiganMid-Michigan 7373 44 1818

Up-NorthUp-North 4848 2222 00

Total Nursing Total Nursing HomesHomes

293293

(67%)(67%)8484

(19%)(19%)5959

(14%)(14%)

Page 41: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Bureau Personnel UpdateBureau Personnel Update Mike Pemble is Director of the Division of Operations, and is Mike Pemble is Director of the Division of Operations, and is

also serving as Acting Director of Nursing Home Monitoring also serving as Acting Director of Nursing Home Monitoring (NHM). Once the hiring freeze is lifted, this position will be (NHM). Once the hiring freeze is lifted, this position will be filled.filled.

Roxanne Perry is Acting Manager of the Division of Roxanne Perry is Acting Manager of the Division of Operations. Enforcement and Training questions should be Operations. Enforcement and Training questions should be directed to Roxanne at (517) 241-2631.directed to Roxanne at (517) 241-2631.

Data questions should be directed to Susan Jones at (517) Data questions should be directed to Susan Jones at (517) 241-2658.241-2658.

Complaint Investigation Unit (CIU) – Six (6) vacant NHM Complaint Investigation Unit (CIU) – Six (6) vacant NHM positions were transferred to CIU. Five have been filled, positions were transferred to CIU. Five have been filled, three of those have passed the SMQT.three of those have passed the SMQT.

Page 42: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Nursing Home Monitoring Nursing Home Monitoring PrioritiesPriorities

Compliance with mandated survey intervals.Compliance with mandated survey intervals. Fill staffing vacancies.Fill staffing vacancies. Complete all CMS training.Complete all CMS training. Provide on-site supervision through the presence Provide on-site supervision through the presence

of Survey Monitors.of Survey Monitors. Continued improved communication and Continued improved communication and

coordination between Nursing Home Monitoring coordination between Nursing Home Monitoring and Division of Operations – revisits and survey and Division of Operations – revisits and survey & certification issues.& certification issues.

Identify staff training needs – individually or Identify staff training needs – individually or collectively.collectively.

Reinstate QA meetings.Reinstate QA meetings.

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Complaint Investigation UnitComplaint Investigation UnitOrganizational ChartOrganizational Chart

Sophie C. SkoczenManager

Steven AlexanderSurvey Monitor

Cynthia BeckmanMary Duncan

Kim GarzaJill JenningsCindy LandisAmada Lopez

Tedi BeckettSurvey Monitor

Sarah AdrianVictoria BryanMeg Christy

Mike DorenkampMargaret Halik

Jim KrizKaren SlaterJanice Wright

Denise Young-BeanVacancy

Jerry BarkoffCharlene Beyah

Pat KaelinAlicia Kuehne-Moore

Bob ReganMarilee Soltis

Cynthia Sieg-CoxTim Bingham

Lisa Brown Taylor 2/12/07

Page 44: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

CMS IssuesCMS Issues CMS has instructed State Agencies to continue CMS has instructed State Agencies to continue

cross referencing outcome and process tags. cross referencing outcome and process tags. (i.e., F314 should be linked to F281)(i.e., F314 should be linked to F281)

GPRA – federal initiative whose goal is to reduce GPRA – federal initiative whose goal is to reduce the incidents of pressure sores and restraints. the incidents of pressure sores and restraints. CMS will be issuing CMPs for F221 and F314.CMS will be issuing CMPs for F221 and F314.

Budget – we are in a continuation budget cycle Budget – we are in a continuation budget cycle for FY2007. ‘Revisit Survey’ component for for FY2007. ‘Revisit Survey’ component for FY2007 and FY2008--may be a charge for revisits.FY2007 and FY2008--may be a charge for revisits.

LSC FOSS surveys will continue.LSC FOSS surveys will continue. Discretionary termination – No opportunity to Discretionary termination – No opportunity to

correct.correct.

Page 45: HCAM Legal-Regulatory Conference 2-13-07 HCAM Questions Submitted 2-6-07

Michigan IssuesMichigan Issues

No waiver for State CPO.No waiver for State CPO.

Closer monitoring nursing home Closer monitoring nursing home changes of ownership and transfer of changes of ownership and transfer of license.license.

Close monitoring licensed beds.Close monitoring licensed beds.