Pendulum

News

National Preparedness Month Begins September 1

Posted: Aug 30, 2010

The seventh annual National Preparedness Month (NPM) will begin this Wednesday. Sponsored by the Ready Campaign in partnership with Citizen Corps and the Advertising Council, this year’s focus is “encouraging Americans to work together to take concrete actions toward emergency preparedness,” according to a June 7, 2010 fact sheet issued by the Federal Emergency Management Agency (FEMA).

Last year, there were nearly 2,700 organizations signed up for the event. According to the Ready Campaign’s website, 3,669 organizations signed up to be members of the 2010 NPM Coalition. Coalition members “have pledged to provide information, host events and/or sponsor activities for their customers, members, employees, stakeholders, and communities throughout the month of September,” according to the website. Events begin September 1 at the local, state, and national level.

On August 27, the United States Office of the Press Secretary released a presidential proclamation to recognize September 2010 as National Preparedness Month. In the proclamation, President Obama encourages “all Americans to visit Ready.gov and CitizenCorps.gov for more information and resources on emergency preparedness, including how to prepare a family emergency plan, create an emergency supply kit, and get involved in community preparedness efforts.”

Read the Presidential Proclamation

Virginia’s Challenge to Health Reform will Move Forward

Posted: Aug 3, 2010

The first legal challenge to the new Health Care Reform law in the United States will be heard, according to an Associated Press (AP) article on MSNBC’s website. The State of Virginia filed a lawsuit that questions whether the new law is constitutional.

The Department of Health and Human Services attempted to have the suit dismissed, but, according to the AP article, U.S. District Judge Henry Hudson denied the department’s request. The August 2 ruling will allow a hearing to consider the lawsuit to take place on October 18. Hudson wrote in his decision, “Unquestionably, this regulation radically changes the landscape of health insurance coverage in America.”

The lawsuit was first argued in Richmond, Virginia on July 1, 2010 by Solicitor General E. Duncan Getchell Jr., according to a July 2 article in The Washington Post. The argument was based on the constitutionality of the federal government requiring an individual to purchase health insurance.

Bill Aims to “Modernize” Nursing Home Survey System

Posted: Aug 3, 2010

A new bill introduced July 30, 2010 seeks to modernize the long term care and post-acute care survey and certification system, according to an article in McKnight’s Long Term Care News & Assisted Living.

Representative Bart Stupak (D-MI) introduced H.R. 6074, Enhancing Quality through Survey System Improvements Act of 2010, and the bill was applauded in an August 2 news release by the American Health Care Association (AHCA). According to the release, the bill emphasizes “the need for a more streamlined approach in assessing long term care facilities. This measure would seek to modernize the decades-old survey system that assesses and monitors long term and post-acute care facilities.” Annual surveys for all Medicare- or Medicaid-certified nursing facility are required by current federal regulations. According to the AHCA release, the bill would allow the Centers for Medicare and Medicaid Services (CMS) to free surveyors from spending unnecessary time in high-quality facilities. H.R. 6074 was referred to the House Energy and Commerce Committee and the House Ways and Means Committee on July 30.

RUG-IV One-year Delay Repealed by House Bill

Posted: Jul 16, 2010

The House of Representatives repealed a one-year delay to the RUG-IV case-mix classification system with the passage of HR 5717 on July 14, 2010. The system will be implemented October 1, 2010, not October 1, 2011 as was stated in the healthcare reform legislation, according to McKnight’s Long-Term Care News & Assisted Living.

“While highly complex, the necessary correction to this regulatory matter will have a far-reaching impact and offers a more complete picture of the care needs of long-term and post-acute care patients,” said Bruce Yarwood, president and CEO of the American Health Care Association.

The bill will be considered by the Senate next.

The classification system, known as Resource Utilization Group, Version Four (RUG-IV), is used by Medicare to assign a nursing home resident to a RUG category based on medical conditions and resources required to provide care.

Utah Supreme Court: Hospital Can be Sued for Negligent Credentialing

Posted: Jun 17, 2010

In a decision that reverses a previous dismissal, the Utah Supreme Court has ruled that a hospital could be sued for breaching a duty of care by granting privileges to a doctor who allegedly mishandled the plaintiff's abdominal surgery, according to an article on the Lawyers USA Web site.

In Archuleta v. St. Mark’s Hospital, the plaintiff, who suffered complications after undergoing abdominal surgery, sued her surgeon for malpractice and the hospital where the surgery was performed for negligent credentialing. The hospital argued that the state does not recognize a cause of action for negligent credentialing and that the plaintiff's claim was barred by the immunity afforded to healthcare providers for discharging duties under the state's peer review statute, according to the article.

However, the Supreme Court rejected the hospital's arguments, ruling that “the immunity contemplated under the statue operates between a doctor whose credentials are under review and the suppliers of information and decision makers; it does not contemplate immunity between a patient and a hospital,” the article states.

The Supreme Court also recognized negligent credentialing as a viable common law claim, stating that it “agree(s) with the analysis that negligent credentialing is 'simply the application of broad common law principles of negligence,' and is a natural extension of torts such as negligent hiring.

Pendulum, LLC Celebrates Tenth Anniversary

Posted: May 17, 2010

(ALBUQUERQUE, NM) Pendulum, LLC is celebrating its tenth anniversary May 18, 2010. Managing Partner and President Ric Henry and his wife, Diane, started the company in 2000.

The Albuquerque, New Mexico-based risk management consulting firm offers services including liability risk assessments, on-site consultation, and development of quality and specialty programs. An independently owned company, Pendulum offers a unique third-party approach to balancing risk and defensibility strategies in the healthcare setting. The company also has developed risk management products including software applications, Web-based tools, and training materials.

The risk management company began operations as LTC Alliance, with a focus on long term care. The company changed its name in Fall 2009 as the company service offerings broadened to other areas of the healthcare industry and as the company became known for its ability to balance an organization’s risk and defensibility.

To view the media release in PDF format, click here

Technology and Long-Term Care Summit Coming in June

Posted: May 10, 2010

Baltimore will be the location for the Long-Term and Post-acute Care (LTPAC) Health Information Technology (HIT) Summit this year, according to an article in McKnight’s Long-Term Care News & Assisted Living. Scheduled for June 7-8, 2010, the summit will focus on exchange of state health information and post-acute care electronic health records (EHR), as well as other topics.

Sponsors of the conference include the American Health Information Management Association (AHIMA), the American Health Care Association, the American Association of Homes and Services for the Aging, and the National Association for the Support of Long Term Care.

Congress Passes Health Care Reform Legislation

Posted: Mar 22, 2010

The passage of the health care report bill H.R. 3590, which passed the House of Representatives on March 21, 2010 by a vote of 219 – 212, marks the largest change in health policy in four decades, according to Reuters. The overhaul expands health coverage for the poor, adds new taxes for the wealthy, and imposes new limitations on insurance practices—including barring companies from refusing to cover people with pre-existing medical conditions.

Originally passed by the Senate, the bill includes several changes made by the House of Representatives. These changes will be sent to the Senate. If the changes are approved, the bill will then be sent to the president. After the bill passed, President Obama stated, “This legislation will not fix everything that ails our healthcare system, but it moves us decisively in the right direction. This is what change looks like.”

According to the article, Florida Attorney General Bill McCollum, a Republican, stated, “If the president signs this bill into law, we will file a lawsuit to protect the rights and the interests of American citizens.” Lawsuits from other states are also expected.

MMSEA Reporting Postponed by CMS

Posted: Feb 19, 2010

The Centers for Medicare and Medicaid Services (CMS) recently announced that the Initial Production Claim Input File Submissions for all Non Group Health Plan (NGHP) Responsible Reporting Entities (RREs) has been pushed back from April 1, 2010 to January 1, 2011.

However, CMS reports that NGHP file data exchange testing will continue during 2010, as needed, and that all NGHP file data exchange testing will be completed by December 31, 2010. CMS encourages any NGHP RREs that have completed file data exchange testing at any time to proceed to production file data exchange status.

Pendulum will continue with the RRE testing throughout 2010, and we will update you with any new information as we receive it.

Media Release: Pendulum, LLC Promotes Two Members of Executive Team

Posted: Jan 4, 2010

(ALBUQUERQUE, NM) The Pendulum executive team held its annual business strategy meeting to provide initiatives for the company in the coming year. One of the outcomes of the meeting was the promotion of two members of the executive team.

Cindi Falcone, RN, has been promoted from Vice President Risk Management Services to Senior Vice President Risk Management Services. In her new position, Ms. Falcone will continue to oversee the risk management program and development of risk and claims management products and services. Ms. Falcone has been with Pendulum since 2003. She has an extensive background in risk management and has been a healthcare clinician for 35 years.

Margie Oleson has been promoted from Director Operations to Vice President Operations. In her new position, Ms. Oleson will assist with the development of new business strategies and continue to oversee the financial and human resource segments of Pendulum. Ms. Oleson has also been with Pendulum since 2003. Prior to joining Pendulum, she was an assistant administrator in an assisted living facility and worked for many years in gas and oil accounting.

Read the Full Media Release

Media Release: LTC Alliance, LLC Changes Its Name to Pendulum, LLC

Posted: Oct 23, 2009

(Albuquerque, NM) LTC Alliance announced its name change to Pendulum at the annual American Society for Healthcare Risk Management (ASHRM) Conference in Denver, Colorado on October 22, 2009. President and Managing Partner Richard J. Henry, Jr. made the announcement by unveiling the new name at the company’s vendor booth at the ASHRM exhibit hall. The name change was announced privately to the company’s group of independent risk control consultants at their annual training conference on October 21, 2009 held in conjunction with ASHRM.

The risk management company began operations in 2000, with a focus on long term care. A name change has been in consideration as the company service offerings broadened to other areas of the healthcare industry and as the company became known for its ability to balance an organization’s risk and defensibility.

Pendulum continues to be an independently owned company that offers a unique third-party approach balancing risk and defensibility strategies in the healthcare setting.

About Pendulum, LLC: Pendulum, LLC is an Albuquerque-based risk management consulting firm offering services including liability risk assessments, on-site consultation, and development of quality and specialty programs. The company also has developed risk management products including software applications, web-based tools, and training materials. For more information on Pendulum and its services and products, visit www.WeArePendulum.com.

Bill Exempts Facilities from “Red Flags” Rule

Posted: Oct 22, 2009

Some healthcare facilities will not be required to conform to the new “red flags” rule that will go into effect on November 1, according to an article on McKnights.com. H.R. 3763 passed the House of Representatives in a unanimous decision this week.

If passed by the Senate, the bill would exempt certain businesses from being required to implement identity theft prevention programs. Along with a provision that any business can apply for exemption to the “red flags” rule, the bill automatically exempts healthcare, accounting, and legal practices that have fewer than 20 employees.

CDC Releases Interim Guidance on Infection Control Measures for H1N1 Influenza

Posted: Oct 15, 2009

On October 14, 2009, the Centers for Disease Control and Prevention (CDC) released the “Interim Guidance on Infection Control Measures for 2009 H1N1 Influenza in Healthcare Settings, Including Protection of Healthcare Personnel.” The online resource includes information on “infection control measures to prevent transmission of 2009 H1N1 influenza in healthcare facilities,” according to the CDC Web site.

The resource includes information on H1N1 influenza symptoms, viral shedding, and modes of transmission, as well as a section for recommendations for healthcare facilities. Recommendations include the use of N95 disposable respirators for any healthcare personnel who are in close contact with individuals with suspected or confirmed H1N1 flu.

Celebrate National Residents’ Rights Week

Posted: Oct 5, 2009

The National Consumer Voice for Quality Long-Term Care (NCCNHR) designates one week each year for Residents’ Rights Week. This year’s week is October 4-10, and the theme is "Hear Our Voice – Residents of Long-Term Care Facilities Speak Out About Residents’ Rights."

According to the NCCNHR Web site, “Residents’ Rights Week is designated each year to highlight residents living in long-term care settings. It is a time to reflect on the importance of the Nursing Home Reform Law of 1987 that promises quality of life and care and rights for each resident.”

Swine Flu Vaccine on Fast Track in Europe

Posted: Jul 27, 2009

The testing of a new flu vaccine has been put on the fast track in Europe, skipping some of the testing typically completed prior to the release of a new vaccine. The European Medicines Agency, the drug regulatory body in the European Union (EU), is accelerating the process for approval of the vaccine—which contains the swine flu virus—in anticipation of inoculating people before to the upcoming winter flu season, according to the Associated Press. Some European countries may begin inoculations within a few weeks.

Concerns are coming from some experts that due to the shorter testing period, there is no way to determine whether recipients of the vaccine produce enough antibodies to fight the infection. Other experts assert that more extensive testing is unnecessary, since flu vaccines have been used for 40 years and this year’s vaccine will simply contain one additional ingredient, the swine flu virus.

The United States government, taking a more cautious stance, will proceed with the testing of the vaccine on thousands of volunteers in August. Results of the testing should coincide with the roll-out of the vaccination campaign in October.

Federal Trade Commission Extends Delay of Enforcement of “Red Flags Rule”

Posted: Jul 1, 2009

The Federal Trade Commission (FTC) has again delayed enforcement of the new “Red Flags Rule” until August 1, 2009, according to the Commission’s Web site. The rule requires creditors and financial institutions to develop and implement identity theft prevention programs. Pursuant to the Fair and Accurate Credit Transactions Act of 2003 (FACTA), “creditors” include lawyers, doctors, and other professionals that provide services and bill later.

Enforcement was originally scheduled to begin November 2008 and was previously suspended until May 1, 2009 by the FTC. FTC Chairman Jon Leibowitz stated, “Given the ongoing debate about whether Congress wrote this provision too broadly, delaying enforcement of the Red Flags Rule will allow industries and associations to share guidance with their members, provide low-risk entities an opportunity to use the template in developing their programs, and give Congress time to consider the issue further.”

CMS Transmittal 48 – Appendix PP Changes

Posted: Jun 17, 2009

CMS has posted the final Changes to Appendix PP of the SOM for the F-Tag Interpretive changes in the Quality of Life and Environmental F-Tags that were announced in April this year. These changes went into effect on June 12, 2009.

This document focuses on revisions to the following areas:

Resident Rights: F172 (Access and Visitation Rights) and F175 (Married Couples)

Quality of Life: F241 (Dignity), F242 (Self-determination), F246 (Accommodation of Needs), F247 (Notice Before Room/Roommate Change), F252 (Safe Clean Environment), F256 (Lighting)

F255 (Closets) has been moved to F461, Dietary Services, F371 (Sanitation), and Physical Environment re: F461 (Resident Rooms and Closets) and F463 (Resident Call System).

CMS Transmittal 48

CMS Adds Five-Star Rating Data to Web Site

Posted: May 28, 2009

The Centers for Medicare and Medicaid Services (CMS) has added information on its Five-Star Rating System to the Nursing Home Compare Web site. The rating system was created “to help consumers, their families, and caregivers compare nursing homes more easily,” according to the CMS Web site. Listed for each nursing home is an overall score along with three scores based on information from health inspections, staffing ratios, and quality measures (QMs).

According to an article on the McKnight’s Web site, the information becomes available on May 28, 2009 at http://www.medicare.gov/NHCompare. Preview reports were released May 20 on the MDS State Welcome pages.

CDC Investigates Swine Influenza Outbreak

Posted: Apr 27, 2009

Forty human cases of swine influenza A (H1N1) virus infection have been identified in five U.S. states, according to the Centers for Disease Control and Prevention (CDC). In response to cases in California, Kansas, New York, Ohio, and Texas, the U.S. government has declared a public health emergency beginning Sunday, April 26. Dr. Richard Besser, acting head of CDC, stated Monday that officials have begun questioning visitors to the U.S. about their health. Some schools have closed in states where swine flu has been found or suspected in students.

According to CDC Web site, it is recommended that clinicians consider the possibility of swine influenza in patients presenting with febrile respiratory illness. Individuals can take precautions to help prevent spread of the infection and stay healthy by taking the following actions:

• Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it

• Wash your hands often with soap and water, especially after you cough or sneeze. Alcohol-based hands cleaners are also effective

• Avoid touching your eyes, nose or mouth. Germs spread that way

• Avoid close contact with sick people

LTC Alliance Featured in New Mexico Business Weekly

Posted: Apr 10, 2009

"Richard J. 'Ric' Henry, president and managing partner of LTC Alliance LLC of Albuquerque, says the success of any fledgling small business lies chiefly in two areas: banking and personnel.

'Develop a strong relationship with your bank,' he said. 'Help them understand how you manage and grow your business. It happens by being proactive and bringing your bankers into your office and introducing them to your staff and showing them what you do and how you do it.'"

Read the full article

U.S. News’ Rating System Expands on CMS Five-Star Rating Model

Posted: Mar 16, 2009

As reported by McKnight’s, U.S. News & World Report has published its Web-based system, America’s Best Nursing Homes, based on the Centers for Medicare and Medicaid’s (CMS) Five-Star Rating System. The U.S. News approach groups nursing home search results by the number of stars received in each of the four criteria utilized by CMS, including overall rating, health inspection performance, nurse staffing levels, and quality performance and improvement measures.

U.S. News also includes an Honor Roll, which is a listing of nursing homes that received ratings of five stars in all four areas of criteria. Currently 27 homes are on the Honor Roll.

Medicare Part D Home and Community Services Copayment Equity Act of 2009

Posted: Mar 12, 2009

CMS Delays MDS 3.0 until October 2010

Posted: Mar 5, 2009

As reported on March 5, 2009 on McKnights.com, the Centers for Medicare & Medicaid Services (CMS) is postponing the release of MDS 3.0 until October 2010, a delay of one year. The main reason for the delay is a concern that there would not have been enough time to update the various systems that interact with MDS.

Changes to the current MDS 2.0 will include a new MDS labeling scheme and revision to several sections to include a seven-day look-back rather than a five-day look-back.

Arbitration Fairness Act of 2009

Posted: Feb 19, 2009

Elder Abuse Victims Act of 2009

Posted: Feb 18, 2009

CMS Revising the Guidance to Surveyors for F-309

Posted: Feb 3, 2009

The Centers for Medicare & Medicaid Services (CMS) is implementing a major revision for the quality of care guidance at the F-309 Tag. Effective March 31, 2009, Appendices P and PP will include a new general investigative protocol as well as new pain management guidance and investigative protocol. A final copy of the new guidance will be available at http://www.cms.hhs.gov/Transmittals/. The attached CMS memorandum, which was issued to State Survey Agency Directors, includes an advance copy of the changes to both Appendices and a training package for surveyors.

Read the CMS Memo

Online Legal Forum Provides a Secure Place to Collaborate

Posted: Jan 28, 2009

As frequency of litigation claims continues to increase across the country, it is increasingly important for long term care professionals to have the ability to share knowledge about managing risk and increasing the defensibility of their businesses. The Long-Term Care Risk Legal Forum, created by Litigation Management Solutions L.L.C., provides an environment to do just that.

According to the Web site, The LTC Risk Legal Forum “is a secure environment where industry professional can share information with each other and the defense firms who represent them.” The members-only site allows only members who are knowledgeable in long term care, including risk management and litigation.

Members of the Forum have access to information, including presentations, briefs, and training materials, as well as the ability to share both their successes and failures amongst peers from the long term care industry.

How the Transition to Digital Television Transmission Affects Your Emergency Preparedness Kit

Posted: Jan 6, 2009

Does your emergency preparedness kit include a battery-operated television? Television broadcasters are required to convert their transmissions from analogue to digital by February 17, 2009. Is your portable TV compatible with the new signal?

Read the article for more information.

DHS Announces Revised National Incident Management System

Posted: Dec 23, 2008

A revised National Incident Management System was released on December 18, 2008 by the U.S. Department of Homeland Security's (DHS) Federal Emergency Management Agency (FEMA). NIMS establishes standardized incident management processes, protocols, and procedures that all federal, state, tribal and local responders will use to coordinate and conduct response actions. Several changes and upgrades to the revised NIMS document include improved readability and usefulness when using the protocols for preparing, preventing and responding to incidents. To read the completed release, go to:

LTC Alliance President among First to Graduate from SBA Program

Posted: Dec 22, 2008

New Mexico Business Weekly reported in the December 18, 2008 issue that the U.S. Small Business Administration (SBA) has graduated the 19 Albuquerque small business leaders for completion of the e200 (Emerging 200) pilot program. Among the graduates was our own Richard Henry, President of LTC Alliance.

The e200 initiative is designed to help leaders of small businesses in inner city communities, including Albuquerque, achieve their full potential. The program has included 200 businesses in 11 cities, and according to the article, Albuquerque was one of only a few cities to graduate its entire class of participants.

In order to participate in the program, businesses must have been in operation for at least three years, have a gross annual revenue of $400,000 or more and be located within the geographic boundaries identified as inner city.

CMS Releases Five-Star Rating System

Posted: Dec 18, 2008

As announced in June 2008, the Centers for Medicare and Medicaid Services (CMS) will begin using the new Five-Star Rating System for comparison of nursing homes starting December 18, 2008. The ratings, which will appear on Medicare’s Nursing Home Compare Web site, give consumers and caregivers compiled, summarized information to compare nursing homes more easily than before. Nursing homes will be rated on a scale of five stars (much above average) to one star (much below average). Each facility’s rating will be based on survey data, quality measures and staffing.

Healthcare Litigation Increasing

Posted: Dec 18, 2008

Long-Term Living magazine reports that Fulbright & Jaworski, LLP, an international law firm, found that 76% of healthcare companies faced at least one new lawsuit last year, with 52% facing six or more new suits in the past year. And 25% of the healthcare companies surveyed reported facing at least one $20 million action.

The numbers come from the firm’s annual U.S. Litigation Trends survey issued at the end of October 2008. The survey reports on findings from multiple industries, as well as breakdowns by company size and region. Forty percent of healthcare companies expect litigation to increase in the next year, while only 10% are expecting a drop in suits.

Google Explores Flu Trends Across the United States

Posted: Nov 20, 2008

The internet search engine, Google, is tracking searches across the country in order to help estimate the number and location of flu outbreaks. Google has found that searches with certain keywords relating to flu symptoms can reliably indicate locations of peak flu activity.

According to google.org, the site was able to get a fairly accurate count of current flu levels one to two weeks ahead of published CDC reports. This has the potential to reduce serious illness and death by allowing officials more time to prepare for and respond to potential flu pandemics/epidemics.

Media Release - LTC Alliance Reaches Halfway Mark on SBA's e200 Training

Posted: Oct 7, 2008

ALBUQUERQUE, NM – Ric Henry, President of LTC Alliance, LLC, is among 19 small business owners in Albuquerque who are participating in the U.S. Small Business Administration (SBA) Emerging 200 Initiative training program, “StreetWise Steps to Small Business Growth.”

Media Release - LTC Alliance Reaches Halfway Mark on SBA's e200 Training

FEMA Announces "National Fire Prevention Week 2008"

Posted: Sep 29, 2008

National Fire Prevention Week 2008 will be observed from October 5–11, and this year's theme is "Prevent Home Fires." According to Federal Emergency Management Agency (FEMA) Acting Regional Administrator Dennis Hunsinger, most Americans underestimate their risk for fire, and many either lack emergency response plans-or fail to practice them with fire drills.

AIG News Release: AIG Policyholders Should be Careful if Approached to Replace Policies

Posted: Sep 24, 2008

AIG’s insurance companies are financially sound, with substantially more in assets than they need to pay all valid present and projected claims, Insurance Superintendent Eric Dinallo today reassured New York policyholders. Dinallo also announced he would issue notices to insurance companies, agents and brokers, reminding them of their responsibilities under New York Insurance Law to fully inform consumers of the possible costs of switching life insurance, annuity and other policies.

AIG News Release

AIG Commercial Insurance Fact Sheet

Posted: Sep 24, 2008

Last night, AIG’s Board of Directors approved a transaction with the Federal Reserve Bank of New York to provide a 24-month liquidity facility to AIG in the amount of $85 billion. Access to this facility will allow the parent company, AIG, to address its immediate liquidity needs, which is clearly a positive development for policyholders, brokers, employees and shareholders.

AIG Fact Sheet

Two Elder Abuse Organizations Unveil Online Publication Databases

Posted: Aug 13, 2008

Clearinghouse on Abuse and Neglect of the Elderly (CANE), National Center on Elder Abuse (NCEA) create searchable Web-based libraries.

FEMA Announces the “QuakeSmart” Earthquake Preparedness Initiative

Posted: Aug 7, 2008

The Federal Emergency Management Agency (FEMA) has announced it is developing the QuakeSmart initiative, in order to encourage owners of facilities that are at risk from earthquakes to take actions that will mitigate damage, provide better safety for customers and employees, and speed recovery. Partnering with the Atlanta-based Safe America Foundation, FEMA will be hosting forums in several cities in September to coincide with National Preparedness Month.

Joint Commission — New Leadership Standard

Posted: Jul 28, 2008

Effective January 1, 2009, the Joint Commission has a new Leadership standard that addresses disruptive and inappropriate behaviors into its Elements of Performance. We commend the Joint Commission’s action, as disruptive and inappropriate behaviors, commonly known as bullying, are all too common in the health care industry.

Bullying in the health care setting is a form of workplace violence. Workplace violence can be defined as any incident in which an employer or employee is threatened, intimidated, verbally attacked, physically attacked, harassed, injured or killed. Sadly in some cases, this sounds like another day in the health care world! Yet, when you look at some of the behaviors displayed towards health care professionals, it is no wonder our industry is at the top of the list of industries plagued by workplace violence.

There is no place in the health care world for bullying. Bullying is typically a form of employee against employee violence. In this scenario, independent (non-employed) physicians would fall into the “employee” category.

The prudent administrator will refuse to accept any form of bullying or other harassing behavior of hospital staff. Unfortunately, as noted in the Joint Commission release, many times the offender is a physician, and administrators choose to look the other way—not wanting to risk losing the valued admissions of the involved physician. While this is an unacceptable excuse, it is still all-too-often true.

Hospital security administrators, risk managers and safety officers are encouraged to acclimate themselves with these new Joint Commission standards and to be aggressive in positioning their hospital to be in compliance prior to the January 1, 2009 effective date. Because of the growing sensitivity to bullying in health care, we can expect the Joint Commission to take an aggressive stance and to actively challenge hospitals to show immediate compliance with this standard. That said, a proactive approach is advised.

For additional information, or for assistance in setting up your program, contact Steve Wilder, CHSP of Sorensen, Wilder & Associates at 800-568-2931.

Download Article

LTC Alliance and PointRight Join Forces to Help Facilities Manage Risk

Posted: Jul 21, 2008

LTC Alliance, LLC and PointRight Inc. (f/k/a LTCQ) have announced the rollout of a data-driven on-site assessment to help facilities more accurately assess and manage their risk. The companies will deliver on-site assessments utilizing LTC Alliance’s established and well-respected network of clinical risk consultants and using PointRight’s technology and methodology.

Read Press Release

CMS Announces New Five-Star Rating System

Posted: Jul 14, 2008

In June 2008, CMS announced it will be implementing a five-star system to rate nursing homes. The ratings will appear on Medicare’s Nursing Home Compare Web site. Coming on the heels of the recently implemented Special Focus Facility designation, the new rating system is expected to become available in December 2008. While CMS currently posts information regarding facilities’ quality of care, staffing, and survey inspection history, this is the first time the agency will be publishing qualitative judgments of facilities.

CMS to require Full Sprinkler Systems in All Long Term Care Facilities

Posted: Jul 14, 2008

Following the 2005 decision to require battery operated smoke alarms in all resident rooms and public areas, CMS is about to publish its final rule requiring every long term care facility in the United States to install full sprinkler systems. The ruling will give all 16,000 nursing homes in the country a five-year phase-in period to comply.

New Program Released

Posted: May 30, 2008

LTC Alliance has released a new program, Risk Viewer. Risk Viewer allows a facility to view their quality and risk indicator data in the program and build graphical reports unique to the organization. This graphing tool provides a simple solution for in-depth reporting, even if an organization has an established electronic process for compiling risk and quality indicator data. Call us for more information.

Plaintiff Attorneys on the Hunt!

Posted: Apr 15, 2008

LTC Alliance thanks everyone who attended A Case Study in Long Term Care Litigation. It was a huge success! ABQ Conference Centre was packed to capacity for this mock trial process presented by nationally recognized defense attorneys. For more information about the mock trial process, please call us at (888) 815-8250.