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The Membership Publication of the Arkansas Health Care Association / Arkansas Assisted Living Association
Notes & Notices March 2010
Ken SchmidtFormer Director of Communications for Harley-Davidson Motor Company
Keynote Speaker atSpring ConventionApril 28 - 30 in Hot Springs
2
Sponsorships establish a partnership between our member facilities and the professionals who deliver goods and services to them. The people representing the organizations listed below help
AHCA further the education of our members and their staffs, provide support to the Arkansas Health Care Foundation, and promote quality care in our member facilities. Please recognize
and thank our partners when you are doing business with them.
Platinum $25,000
2010 AHCA / AALA SPONSORS
AllCare PharmacyD & D Medical Equipment
GPA / SyscoIncite Rehab
Preferred MedicalUS Foodservice / Innovatix
Z & D Medical ServicesSilver $10,000Gold $15,000
Gulf South Medical SupplyHMH Benefit Advisors
Bronze $5,000ASIT Midwest
Central Pharmacy / PSI Datek, Inc.
ExactMed IMARPharMerica
Copper $2,500Abbott Nutrition
AmericanaBoyle Insurance
Cooper Matone Dental CareHealthBridge, LLC
LTC SystemsMedline Industries
Millennium Rehab of ArkansasNeace Lukens
Northwest Fire ProtectionPatient Support Services, Inc
Reliant RehabilitationRestore Therapy
Senior Care Solutions, LLC
If you would like to learn more about the benefits of sponsorship, please contact Donna Childress at 501-374-4422.
Notes&Notices|March2010 3
The Arkansas Health Care Association and the Arkansas Assisted Living Association represent facilities dedicated to continuous im-provement in the delivery of professional and compassionate care. This care is provided by thousands of caring employees to nearly 20,000 of our state’s frail, elderly and disabled citizens who live in nursing facilities, assisted living residences, and homes for persons with mental retardation and developmental disabilities.
Executive Vice PresidentDonna Freel Childress
General CounselHardin, Jesson and Terry, PLC
Elizabeth Andreoli, [email protected]
Government RelationsErnest Cunningham
Director of Member ServicesRachel Davis
Office AdministratorJanet Reddin
Accounting AdministratorTesha Andrews
Director of Research & AnalysisBill Wood
Administrative AssistantHolly Ballard
AHCF Administrative DirectorKerri Marsh
AHCF Administrative AssistantJennifer Pearson
In This IssueMarch 2010
1401 W. Capitol Ave., Suite 180Little Rock, AR 72201phone: 501-374-4422
fax: 501-374-1077arhealthcare.com arassistedliving.org
AHCA / AALA Staff
AHCF StaffContact Us
2010 AHCA / AALA Annual Sponsors
Calendar of EventsSpring Convention Preliminary TopicsAHCF Update2010 AHCA / AALA Directory AdvertisingAALA UpdateVoter Registration MemoVoter Registration InstructionsGovernment Relations Meeting MinutesAIPP Monthly Top Ten TagsAIPP Arkansas Top F- TagsSocial Service Director Training “Of Record” Legal News
4 AMembershipPublicationofAHCA&AALA
Calendar of Events March
2010 AHCA/AALA Spring Convention & Trade ShowApril 28 - 30, 2010 Hot Springs
8th - 9th Administrator in Training, Session 1 Class Days
16th AHCA Board Meeting , 10:00 am
24th Space Deadline to advertise in the 2010 Directory of Long Term Care Facilities
23rd - 24th DON - Nurse Leadership Training, Part I
25th Nurse Consultant Training, Part I
26th Artwork due for advertising in the 2010 Directory of Long Term Care Facilities
26th NCAL “Employee Vacancy” surveys due for AALA Members
April
Save the Date
2010 National Nursing Home Week May 9th - 15th“Enriching Every Day”
8th - 9th Administrator in Training, Session 1 Class Days
16th AHCA Board Meeting , 10:00 am
28th - 30th 2010 AHCA / AALA Spring Convention & Trade Show
25th Nurse Consultant Training
Notes&Notices|March2010 5
2010 Spring Convention & Trade ShowPRELIMINARY EDUCATION TOPICS
April 28 - 30Hot Springs Convention Center
AHCA Board MeetingAALA Board MeetingOpening Plenary Speaker - Ken Schmidt “Make Some Noise” Trade Show, Vendor Reception & Door Prize Drawings Best Practices: Daily Start Up for Administrators & DONs, Walking Rounds
Trade Show & Door Prize DrawingsNew Pressure Ulcers: Relationship Between Hospitals & Nursing HomesThe Clinical Side of Risk ManagementMDS 3.0 OverviewFall Prevention & RestraintsRAC ProcessEarly Alzheimer’s Detection in Assisted LivingMock TrialBest Practices: Ordering Medication & DME ProductsSafe Patient Handling in Long Term CareArkansas Coalition for Nursing Home Excellence & Culture ChangeServSafe Food Safety Program Alzheimer’s Disease Product Theater
Interviewing EffectivelyInfection Control Living WIll & Other Legal Issues
WEDNESDAY, APRIL 28TH
THURSDAY, APRIL 29TH
FRIDAY, APRIL 30TH
Below is a list of preliminary education topics for the AHCA / AALA 2010 Spring Convention. These topics and days are subject to change. A complete agenda with topic times, locations, and descriptions will be mailed to all Members along with registration forms within the next two weeks. We will offer a full registra-tion rate and a special one day rate for Thursday.
AHCA is applying for 12 CEU Hours for Administrators & Nurses
Please call our office if you have any questions.
Notes&Notices|March2010 7
TargeT Your adverTising!Place your advertisement in aaLa and aHCa’s 2010 directory of arkansas Long Term Care Facilities and target your advertising message. received and read by the most prominent and influential decision-makers in the nursing home profession in arkansas, it’s a sure fire way to get the most bang for your buck with your advertising dollar. Call rachel davis at 501.374.4422 to reserve your ad space in the next issue!
arkansas Health Care association • 1401 West Capitol Avenue, Suite 180 • Little Rock,AR 72201 • Telephone 501/374-4422 • FAX 501/372-1077 • www.arhealthcare.com
8 AMembershipPublicationoftheAHCA&AALA
AALA Board of Directors
PresidentElizabeth “Liz” BlankenshipSouthridge Village Retirement Community
Vice PresidentDavid HightowerHealthmark Services, Inc.
Secretary/TreasurerMike ShepardPeachtree Assisted Living Mena
Member at LargeJim ThomasStonehaven Assisted Living
Member at LargeKimberly GoinsThe Gardens at Osage Terrace
Member at LargeSandra PressonMercy Crest Retirement Living
Member at LargeLamar GammellThe Pillars of the Community
Assisted Living News The AALA / HCTA meeting held on February 17th was a great success. We had a large attendance. Special thanks to Bonnie Riggins of HCTA for her assis-tance in planning the event and for providing CEUs to AALA Members, and to the AHCA / AALA office staff for coordinating the event.
To follow up on the Medicaid portion of the meeting, Sandra Presson from Mercy Crest Retirement Living sent some helpful phone numbers. Anyone with Third Party Payor Issues should call LaDonna Mayo at 501-682-6681. Anyone who is having issues with Medicare Premiums not being paid by Medicaid should call Laura Bell at 501-682-2265.
Established by NCAL in 1995, National Assisted Living Week® provides a unique opportunity for residents, families, staff, volunteers, and the surrounding com-munity to come together to bestow on our residents a multitude of events and activities that show them how much we care for and love them. The 2010 theme, Living Life, will inspire creativity and participation and will grab the attention of local and national media. To make planning as easy as possible, a planning and product guide is being developed, which will contain activity ideas, media kit materials, and products featuring the 2010 theme. Look for the guide in June 2010.
This Year’s Theme: Living LifeYou don’t have to be a rock climber, sky diver, marathon runner, or scholar to live life to the fullest. Living life means participating in activities that you enjoy and pursuing your passions, whatever they may be. It means never stopping the process of discovery or mastering talents. It means sharing your history and teaching others what you have learned. It is a lifelong pursuit of happiness and growth. We all want to live life to the fullest, no matter how old or young we are. Assisted living communities around the country are giving their resi-dents the environment and tools they need to reach their goals and prosper. We celebrate their efforts and the residents who inspire their community and awe those that support them.
Notes&Notices|March2010 9
TO: AHCA/AALAMemberFacilitiesAdministrators
FROM: DonnaChildress,ExecutiveVicePresident
RE: VoterRegistrationDrive
DATE: March5,2010
WiththeMay18primaryrapidlyapproaching,ourgoalistomobilizeasmanyvotersaspossiblewithin
yourfacilities.Todoso,wearerequestingthesupportofyouandyourstafftohelpregisterany
residentsandstaffmemberswhoarenotalreadyregisteredvoters.
Enclosed,youwillfindinstructionsforconductingavoterregistrationdriveandabsenteevoting,acopy
ofthevoterregistrationapplication,andatipsheetonregistrationdrivesfromtheSecretaryofState’s
office.
Votingiseveryindividual’srighttomakehisorhervoiceheard,andwebelievethisrightisimperative
forallresidentsandstaffofyourfacility.Wehaveoutlinedthisplaninordertomakeyourvoter
registrationdriveassimpleaspossible,butweunderstandthattheprocessiscomplex.Ifyouhaveany
questionsregardingvoterregistrationorabsenteevoting,pleasedonothesitatetocontact
HollyBallard,administrativeassistantattheAssociationoffice,at501‐374‐4422or
Deadlines
March30–Lastdaytoconducta
registrationdrive
April2–VoterRegistrationForms
postmarkedtotheSecretaryof
State’soffice
May18(ElectionDay)–Absentee
BallotsreceivedbyCountyClerk’s
office
10 AMembershipPublicationoftheAHCA&AALA
1
VoterRegistrationDriveInstructions
PhaseOne:VoterEligibility(Immediate)
Thefirstphaseofthisplanistodeterminewhoiseligibletovote.Residentswhohavegiven
guardianshiporpowerofattorneytoanotherpartyarenotallowedtovote.Also,residentswhohave
severementaldefectsandareunabletoverbalizetheirneedsgenerallydonotvote.
Onceyouhavedeterminedwhoiseligibletovote,thenextstepistodetermineifthepeoplewhowant
tovotearealreadyregistered.Thisprocessissimple.GototheSecretaryofState’svoterverification
websiteatwww.voterview.ar‐nova.org/andentertheperson’snameanddateofbirth.Ifthepersonis
registeredtovote,theirvotinginformation(suchasaddressandprecinct)willappearonthescreen.
Printthisinformationandputitinabinderalphabetizedbylastnameforeasyaccess.
PhaseTwo:VoterRegistration(throughMarch30)
Onceyouhaveestablishedwhichresidentsandstaffinyourfacilityneedtoberegistered,itwillbetime
toholdyourvoterregistrationdrive.Beforethedrivebegins,havetheactivitydirectorordesignated
staffmember(s)getfamiliarwiththevoterregistrationform(attached).
1. Onthedayofthedrive,havetheactivitydirectorordesignatedcoordinatorsetupatablewith
red,whiteandbluecolorstoattractattention.Thetableswillneedtobesuppliedwithblackink
pensandvoterregistrationforms.Youwillneedtophotocopyasmanyregistrationformsas
youneedfromtheoriginalenclosed.Pleasenotethattheformisfrontandbackandthatthe
formsmustbecompletedinblackinkonly.
2. Whenpeopleapproach,explaintothemthatthisvoterapplicationwillbemailedtothe
appropriateCountyClerk’sofficetobeapproved.(Votersmustberegisteredintheir
permanentresidencecounty.)
3. Onceresidentsandstaffhavebeenassistedincompletingtheirvoterregistrationform,mail
themtotheSecretaryofState’sofficefollowingtheinstructionsonthebackoftheform.(Usea
stickertosealtheform,asthesearephotocopiesandnotself‐adhesive.)Allvoterregistration
formsmustbepostmarkedwithin21daysofthedateontheapplicationandmustbemailed
nolaterthanApril2inordertoensuresufficienttimeforabsenteevoting.
Notes&Notices|February2009 11
2
4. Registrationisnotcompleteuntilapplicationsareapprovedbythecountyclerk.Ifapplicants
havenotreceivedconfirmationoftheirregistrationinthemailwithin2‐3weeks,checkwiththe
appropriatecountyclerk’sofficetomakesuretheyhavebeenproperlyregistered.
PhaseThree:Voting(April2‐May18)
Mostofyourresidentswillprobablychoosetovotebyabsenteeballotbecausetheyareunabletotravel
totheirpollingplace.Theabsenteevotingprocesshasthreesteps:
1. Whenyoureceiveconfirmationthatapersonisregistered,immediatelyrequestapplicationsfor
absenteeballotsbycallingtheCountyClerk’sofficewherethevoterhaspermanentresidence.
Foralistofcountyclerk’soffices,visit
http://www.sos.arkansas.gov/elections/elections_pdfs/county_clerks.pdf.(Alistisalso
enclosed.)
2. Oncetheapplicationshavebeenrequested,thecountyclerk’sofficewillmailthemtothe
facilityandthecoordinatorshouldassistthevotersincompletingtheapplication.Alongwith
theapplication,eachvotermustalsosubmitanotarizedaffidavitfromtheadministratorthat
theapplicantisaresidentatthefacilityandisthereforeunabletovoteonelectiondayathisor
herregularpollingsite.
3. Returntheapplicationsandaffidavitsbymailtotheappropriatecountyclerk’soffice.Once
theyhavebeenprocessed,thecountyclerkwillmailtheabsenteeballotstothefacilitytobe
completed.Theseballotsmustbereceivedbythecountyclerk’sofficenolaterthan7:30p.m.
onMay18inordertobecounted.
Note:Insteadofcompletingtheprocessthroughthemail,applicationsandabsenteeballotsmay
alsobepickedupanddroppedoffinpersonbyanauthorizedagentofthefacility.Weencourage
theregistrationdrivecoordinatortousewhichevermethodisnecessarytoensurethatdeadlines
aremet.
Deadlines
March30–Lastdaytoconducta
registrationdrive
April2–VoterRegistrationForms
postmarkedtotheSecretaryof
State’soffice
May18(ElectionDay)–Absentee
BallotsreceivedbyCountyClerk’s
office
12 AMembershipPublicationoftheAHCA&AALA
AHCA/OLTC
Government Relations Committee
Tuesday, February 23, 2010
Report by David Barker, Chair
The Government Relations Committee met at the Office of Long Term Care on Tuesday,
February 23, 2010. Those present from the AHCA were Pam Diggs, Josh Kilgore, Missy Stroud,
Gayle Hughes, David Barker and Elizabeth Andreoli. Present from AFMC/AIPP was Betty
Bennett. Those present from the OLTC were Carol Shockley, Frank Gobell and Brenda Styles.
MINUTES
I. Criminal Background Checks – Does the law require local police departments to
do fingerprints for the Federal background checks? Some members are having
an issue with their local police departments not wanting to do the fingerprints
because they aren’t getting paid to do them.
The Office of Long Term Care is unaware of any law that requires local law
enforcement agencies to perform the fingerprint functions. This is not to say that
such a law does or does not exist. Rather, it is a statement that the Criminal
Background Check law does not impose this requirement on local law enforcement
agencies.
Facilities may have their own staff trained to do fingerprinting. To do so, please
contact the Arkansas State Police (ASP) ID Bureau (501-618-8500); ASP provides
the training at the ASP headquarters in Little Rock. If facilities have staff trained
to do the fingerprinting function, OLTC recommends the facility buy the proper
“fingerprint kit” from a law enforcement supply store.
II. Access to Medical Records – While we are aware of the CMS memorandum
regarding surveyor access to computers when facility records are maintained
electronically, do surveyors have unfettered access into computer records
without identifying the type of record they want access to or the particular
resident?
Yes. The format in which the record exists does not determine the level of access.
Surveyors are required to have unrestricted access. There may be times in which
surveyors will identify the type of record they want or the records for a particular
resident, but the standard or requirement generally is unrestricted access.
In addition to S&C-09-53 (“…surveyors will verify with the facility the process they
will follow in order to have unrestricted access to the medical record.”), state
regulations for nursing facilities at Section 333.1(f) states that electronic record
systems must:
Notes&Notices|March2010 13
Provide access to Department of Health and Human Services
(DHHS), Office of Long Term Care (OLTC), and Centers for
Medicaid or Medicare Services (CMS) personnel. Access may be
by means of an identifier created for DHHS, OLTC, or CMS
personnel, by a printout of the record, or both, as requested by
DHHS, OLTC, or CMS personnel. Access must be in a “human
readable” format, and shall be provided in a manner that permits
DHHS, OLTC, or CMS personnel to view the records without
facility personnel being present. Access shall include all entries
and accompanying logs and shall list the date and time of any
entry, as well as identifying the individual who performed the
entry. Any computer system utilized, whether in-house or from a
third-party vendor, must comply with this regulation.
III. Hazardous Items – In the past, the guidelines prohibited items in resident rooms
that were labeled “keep out of the reach of children.” With the person-centered
care initiative, we understand that some of these items may now be allowed in
resident rooms. Are there any guidelines on what is acceptable and what is not?
Are night lights acceptable?
With culture change, the paramount issues are whether the facility has assessed,
informed the resident of the potential dangers and harms, and offered alternatives
that might be safer. Assuming that those are done, and a resident elects to proceed,
then that is the resident’s rights.
One proviso is whether the resident’s decision will harm or has the potential to
harm other residents, of course. If so, then the facility should attempt to develop a
mechanism that allows the resident his or her choice while protecting other
residents. This is not absolute – even for people living at home there are limits to
their choices when those choices will harm others.
There is no list of what is allowed or not allowed. CMS guidance provides some
examples of things that should be considered risks. However, while such items are
on the list, it does not mean that they can’t be present if the resident wants them – it
means that the resident must be informed of the risk and then accepts that risk, and
that the resident’s decision does not have the potential to harm others.
Regarding the issue of night lights, there is the further consideration of the Life
Safety Code. Bob Poffenbarger stated that UL approved night lights are
permissible. However, the light bulbs in some night lights could pose a potential
hazard to residents which is what may result in a deficiency if a proper assessment
to protect residents from the potential harm is not performed. LED lights do not
pose this threat so a UL approved, LED night light is recommended.
The CMS guidelines state:
14 AMembershipPublicationoftheAHCA&AALA
Resident Risks and Environmental Hazards (found at 483.25 (h) Accidents as part
of the Overview in the Guidance section)
Supervision and/or containment of hazards are needed to protect residents from
harm caused by environmental hazards. Examples of such hazards can range from
common chemical cleaning materials to those caused by adverse water
temperatures or improper use of electrical devices.
Chemicals and Toxins - Various materials in the resident environment can pose a
potential hazard to residents. Hazardous materials can be found in the form of
solids, liquids, gases, mists, dusts, fumes, and vapors. The routes of exposure for
toxic materials may include inhalation, absorption, or ingestion.
For a material to pose a safety hazard to a resident, it must be toxic, caustic, or
allergenic; accessible and available in a sufficient amount to cause harm. Toxic
materials that may be present in the resident environment are unlikely to pose a
hazard unless residents have access or are exposed to them. Some materials that
would be considered harmless when used as designed could pose a hazard to a
resident who accidentally ingests or makes contact with them.
Examples of materials that may pose a hazard to a resident include (but are not
limited to):
• Chemicals used by the facility staff in the course of their duties (e.g.,
housekeeping chemicals) and chemicals or other materials brought into the
resident environment by staff, other residents, or visitors;
• Drugs and therapeutic agents;
• Plants and other “natural” materials found in the resident environment or in
the outdoor environment (e.g., poison ivy).
IV. Monitor vs. Record – If a physicians order or an approach on a care plan states
that an event will be monitored, is it expected that this event will be recorded.
For example, if a physician’s order states to monitor fluid intake would it be
expected that the intake be recorded?
If a physician orders an event be monitored or the care plan states to monitor, it
should be recorded whenever the event occurs. The reason for monitoring is to
determine whether changes have occurred. Absent recordation of the intake, there
is no way to be sure whether changes have occurred.
Additionally, absent recordation, there is no way to demonstrate compliance with
the physician’s order.
Notes&Notices|March2010 15
V. Criminal Record Checks/Staffing – During a recent Licensure survey, days that
CNA’s had provided direct care were not recognized and shortages were
recorded because the facility did not have determination by the licensing agency
that the employee was qualified or disqualified for employment based on the
criminal history of the employee. Our understanding is that a deficiency could
be written under the Criminal Record Check regulations but we were not aware
that the shifts that this employee worked would be deducted and recorded as
shortages related to our monthly report to the OLTC stating our shift shortages.
Please clarify?
Tommy Wingard stated that as long as the facility conducted a “Registry”
clearance through the employment clearance registry (ECR) at the OLTC, and the
person has not listed prior criminal convictions on the DMS-736 form, a facility
may make an offer of temporary employment to an applicant or continued
employment to an incumbent employee while waiting for the official criminal
record check results. If a facility conducts criminal record checks online and there
are no records found, the facility receives an automatic electronic determination
letter which should be printed and kept in the employee file.
If the employee lists any convictions on the DMS-736 form or a record is found
online of any type or nature (not just the offenses listed in the regulations), the
facility is required to remove from unsupervised direct care duties any person who
were offered temporary or continued employment until the Office of Long Term
Care’s Letter of Determination has been received. If the applicant or employee is
disqualified from employment the facility shall terminate the employment of the
employee or deny employment to the applicant.
Carolyn Smart stated that if during a Licensure survey a surveyor identifies that the
facility has not conducted a “Registry” clearance and/or does not have a
determination letter from either the online system or from the OLTC, the shifts that
this employee had worked would be deducted and recorded as shift shortages on
your monthly report to the OLTC.
Both Tommy and Carolyn stated if a facility is conducting criminal record checks
by mail, that the applicant should not be offered employment until a the Office of
Long Term Care’s Letter of Determination is received.
16 AMembershipPublicationoftheAHCA&AALA
Enhancing Nursing Hom
e Care in Arkansas
Arkansas T
op Ten T
agsN
ov 2008 – Jan 2010
AIPP (A
ll Surveys) O
LT
C (Standard Surveys O
nly)T
ag D
escription T
ag D
escription F323
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F323 A
ccidents F314
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ecessary Services F309
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are F371
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F312 R
eceives Necessary Services
F309 Q
uality of Care
F441 Infection C
ontrol F332
M
edication Errors
F282 Services by Q
ualified Persons F333
Sign Medication E
rrors F371
Food Storage, Prep & Serve
F314 Pressure Sores
F322 N
aso-Gastric T
ubes F282
Services by Qualified Persons
F333 Sign M
edication Errors
F328 Special N
eeds F315
Urinary Incontinence
F322 N
aso-Gastric T
ubes
Notes&Notices|March2010 17
A
IPP
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wor
k co
llect
ed a
s ord
ered
/ U
rinar
y ca
th tu
bing
was
pos
ition
ed to
faci
litat
e dr
aina
ge /
All
area
s cle
anse
d du
ring
inco
ntin
ent c
are
/ Cat
hete
rs w
ere
secu
red
& c
are
was
pro
vide
d du
ring
inco
nt c
are
/ Ski
n ab
rasi
ons r
epor
ted
/ PO
C a
ddre
ssed
resi
dent
s nee
d fo
r tub
e fe
edin
g / L
axat
ive
was
not
adm
inis
tere
d to
resi
dent
hav
ing
freq
uent
epi
sode
s of d
iarr
hea
/ Leg
stra
ps w
ere
used
/ M
edic
atio
ns &
oin
tmen
ts w
ere
not u
sed
with
out a
n or
der /
Cat
h tu
bing
was
kep
t off
floo
r
F312
N
eces
sary
Ser
vice
s Fi
nger
nails
& to
enai
ls w
ere
trim
med
& c
lean
ed /
All
soile
d ar
eas w
ere
clea
nsed
dur
ing
inco
ntin
ent c
are
/ Res
iden
t’s h
ands
wer
e w
ashe
d / E
atin
g as
sist
ance
was
pro
vide
d / S
oap
was
rins
ed fr
om sk
in d
urin
g be
d ba
th
F282
*Se
rvic
es b
y Q
ualif
ied
Pers
ons
Plan
of c
are
follo
wed
for s
ervi
ng d
ieta
ry su
pple
men
ts /
Doc
tors
app
oint
men
t was
obt
aine
d /
Ord
ers w
ere
follo
wed
for s
lidin
g sc
ale
insu
lin o
rder
s /
Liqu
ids t
hick
ened
to o
rder
ed c
onsi
sten
cy &
free
of l
umps
/ Pu
ddin
g, d
oubl
e m
eat,
doub
le p
ortio
ns fo
r mea
ls a
nd re
gula
r bab
y fo
od d
iets
wer
e pr
ovid
ed /
Wou
nd tr
eatm
ents
pro
vide
d as
ord
ered
/ Pl
an o
f car
e to
adm
inis
ter m
edic
atio
ns w
ith fo
od w
as im
plem
ente
d / F
ortif
ied
food
s pro
vide
d
F315
* U
rina
ry In
cont
inen
ce
Car
e w
as p
rovi
ded
usin
g fr
ont t
o ba
ck w
ipin
g / S
ched
uled
toile
ting
prog
ram
was
pro
vide
d in
tim
ely
man
ner /
Diff
eren
t are
a of
clo
th w
as u
sed
for
each
swip
e / L
ab se
rvic
es w
ere
obta
ined
pro
mpt
ly /
Not
ify p
hysi
cian
of C
&S
resu
lts /
Ord
ered
ant
ibio
tic tr
eatm
ent w
as in
itiat
ed /
All
area
s wer
e cl
eans
ed o
f fec
al m
atte
r
F322
* N
aso-
Gas
tric
Tub
es
Feed
ings
wer
e ad
min
iste
red
at c
orre
ct fl
ow ra
te &
acc
ordi
ng to
sche
dule
/ B
olus
feed
ings
wer
e pr
ovid
ed /
All
wat
er fl
ushe
s wer
e at
rate
ord
ered
/ Tu
be w
as c
heck
for p
lace
men
t & p
aten
cy /
Feed
ing
tube
equ
ipm
ent w
as n
ot la
id o
n be
d / O
rder
s wer
e fo
llow
ed fo
r a d
ieta
ry su
pple
men
t via
feed
ing
tube
F333
*Si
gnifi
cant
Med
E
rror
s
Lexa
pro
10 m
g or
dere
d, g
ave
20 m
g x
20 d
oses
/ Fl
agyl
om
itted
on
even
ing/
nigh
t shi
fts /
Hum
ulin
not
adm
inis
tere
d / L
antu
s om
itted
/ Fu
rose
mid
e 40
mg
orde
red,
gav
e 20
mg
x 7
dose
s / In
corr
ect a
mou
nt o
f ins
ulin
adm
inis
tere
d ba
sed
on sl
idin
g sc
ale
/ Did
not
shak
e D
ilant
in o
r mea
sure
with
a
syrin
ge /
Dis
crep
ancy
bet
wee
n re
side
nt’s
rout
ine
stan
ding
slid
ing
scal
e or
ders
& w
hat w
as d
ocum
ente
d on
MA
R /
Did
not
roll
Nov
olin
/ Ip
ratro
pium
/Alb
uter
ol 0
.5 -
3 m
g- 3
ml o
rder
ed g
ave
Alb
uter
ol 2
.5 m
g –
3ml
F363
*St
anda
rd M
enus
/ N
utri
tiona
l Ade
quac
y Pl
anne
d w
ritte
n m
enu
for a
½ p
ortio
n di
et w
as a
vaila
ble
/ Pla
nned
men
u w
as fo
llow
ed fo
r Ren
al, L
ow C
once
ntra
ted
Swee
t, Pu
reed
, Hig
h Pr
otei
n-H
igh
Cal
orie
, & M
echa
nica
l Sof
t Die
ts
F441
Infe
ctio
n C
ontr
ol
Prog
ram
in p
lace
to tr
ack
& tr
end
infe
ctio
ns /
Staf
f was
hed
hand
s afte
r dire
ct re
side
nt c
onta
ct /
Con
tam
inat
ed c
loth
ing
prot
ecto
rs w
ere
not u
sed
/ Lo
g w
as m
aint
aine
d to
incl
ude
all i
dent
ified
infe
ctio
ns &
ant
ibio
tic u
se /
In-r
oom
isol
atio
n ba
rrel
s wer
e co
vere
d / G
love
s wer
e ch
ange
d af
ter
beco
min
g co
ntam
inat
ed /
Han
ds w
ere
was
hed
prio
r to
pass
ing
med
icat
ions
/ So
iled
linen
s wer
e di
spos
ed o
f pro
perly
/ Ic
e sc
oop
was
han
dled
in
sani
tary
man
ner /
Ove
r bed
tabl
e w
as sa
nitiz
ed b
efor
e pl
acin
g su
pplie
s on
it an
d to
set u
p a
clea
n fie
ld
*Ind
icat
es d
efic
ienc
y w
as c
ited
the
sam
e nu
mbe
r of t
imes
dur
ing
Dec
embe
r.
18 AMembershipPublicationoftheAHCA&AALA
SOCIALSERVICEDIRECTORTRAININGPARTI&II
Sponsoredby:
DustyLinnConsulting
APRIL8TH
&9th
2010
FAIRFIELDINN&SUITES:CONWAY,AR
CourseContent
PartIwillbecoveringTag250aswellasdocumentation,careplanningandMDS2.0.Wewillalsobe
discussingculturechangeandresidentrightsandlookingattimemanagement.
PartIIwillcoverabuseandneglectissuesaswellasreportingabuseandneglect.TheQualityofLifeTags
andamorethoroughunderstandingofculturechangewillbecoveredaswell.ThenewMDS3.0willbe
reviewedandinformationregardingspecialtyunitswillalsobecovered.
Lunchwillbeprovidedbothdays,andadiscountisavailableatFairfieldInn&Suitesforparticipants.
RegistrationInformation
EarlyBirdRegistrationDeadline: LateRegistration:
March15 1registrantfor1day:$125
1registrantfor1day:$100 1registrantfor2days:$200
1registrantfor2days:$170 Multipleregistrantsfor1day:$100/person
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Toregister,pleaseremitpaymentmailto:DustyLinnConsulting
3TrellisCourt
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Pleaseincludethenameoftheparticipantsandthenameofthefacility.
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2260SandersRd.
Conway,AR72034
(501)450‐7363
Notes&Notices|March2010 19
I N S I D E T H I S
I S S U E
1 ē Employment
Verification
2 ICF/MR Enhanced
Care Add-Ons
3 Options Counseling
4 Glucometer Cleaning
5 LPN Scope of
Practice
6 Employee
Management
7 Reminders
8 Important Dates
Should You Verify Employment Eligibility
Electronically?
E-verify is a free web-based system designed to supplement existing Form I-9 identify verification procedures, to ensure that newly hired employees are authorized to work in the United States. The system is operated by the Department of Homeland Security (“DHS”), together with the Social Security Administration (“SSA”), to increase the accuracy of the Form I-9 procedures. While its use is mandatory for some employers, such as federal contractors and subcontractors, to date, only eleven states have made in mandatory for private employers.
To use the system, the employer inputs the employee’s information from the Form I-9. This information is then compared with information contained in other federal databases. Automatic confirmation of eligibility for employment is returned within 24 hours.
Employers may enroll in the system voluntarily by applying on the Department of Homeland Security’s web-site. The employer is required to enter into a Memorandum of Understanding that imposes certain obligations, key of which are as follow:
• Posting a notice to prospective and current employees that the employer uses the E-verify system.
• Verifying the work authorization of every new employee within 3 days of hire. E-very may not be used to prescreen job applicants or to reverify existing employees.
• Accepting only those Form I-9 List B documents that contain a photo.
• Making a photocopy of certain Form I-9 List A documents when they are presented, including Permanent Resident Cards (“green cards”).
• Notifying employees of Tentative Non-Confirmations of work authorization with written instructions for challenging the Tentative Non-Confirmation.
• Refraining from taking adverse actions against employees while the E-verify query is being processed or during the time an employee is given to
Of Record Legal News
February, 2010
Volume 5 Issue 2
Arkansas Health Care Assoc iat ion/Arkansas Ass i s ted L iv ing Assoc iat ion 1401 W. Capito l Ave., Su i te 180 L i t t le Rock, AR, 72201, (501) 374-4422
20 AMembershipPublicationoftheAHCA&AALA
February, 2010
Page 2 Of Record
challenge a Tentative Non-Confirmation.
• Complying with the nondiscrimination provisions of the Immigration and Nationality Act and Title VII of the Civil Rights Act of 1964.
• Allowing DHS and SSA to review the employer’s I-9 Forms and other employment records.
A significant advantage of using the E-verify system is that the employer may rely on a rebuttable presumption that it did not knowingly hire an unauthorized worker. On the disadvantage side, all Tentative Non-Confirmations must be resolved within the E-verify system by recording whether the employee has chosen to challenge the Non-Confirmation, and if so, whether SSA or DHS has resolved the challenge in the employee’s favor. Also, the continued employment of any worker who has received a Final Non-Confirmation creates a rebuttable presumption that the employer is knowingly continuing to employ an unauthorized worker, which is prohibited under the law.
The Form I-9 was established in 1986 as a mechanism to monitor the prohibition against knowingly employing unauthorized workers. The I-9 is retained by the employer and not submitted to the government for verification, so the effectiveness of that system depends on the employer’s willingness and ability to determine the validity of the employee’s documents, and to ensure that an employee is not using another person’s documents. While the E-verify system has been in place since about 1997, it wasn’t until July, 2009 that more attention has been focused on that system, when President Obama committed to focusing all employment eligibility determinations on E-verify use.
If your current verification procedures are sufficiently strong to pick up on unauthorized workers, you may not wish to voluntarily enter this system. On the other hand, if you are concerned that you may not be picking up on false or fraudulent documentation provided by your new employees, this system may be a useful tool.
ICF/MR 16 Bed & Over Enhanced Care Add-
On
ICF/MR 16 Bed and Over Private Facilities will receive an adjustment to the per diem rate in the amount of $10.54 per day effective for dates of service beginning November 1, 2009. The Division of Medical Services will process a mass adjustment in the near future to retroactively apply the rate increase. The rule change is reflected on pages 2-6 and 2-6a of the Medical Assistance Program Manual of Cost Reimbursement Rules for Long-Term Care Facilities. DMS Notice of Final Rule Memorandum dated 01/15/10.
“If you are concerned
that you may not be
picking up on false or
fraudulent
documentation
provided by your new
employees, this
system may be a
useful tool.”
Notes&Notices|March2010 21
February, 2010
Page 3 Of Record
ICF/MR Under 16 Bed Enhanced Care Add-
On
ICF/MR Under 16 Bed Facilities will receive an adjustment to the per diem rate in the amount of $7.02 per day effective for dates of service beginning November 1, 2009. The Division of Medical Services will process a mass adjustment in the near future to retroactively apply the rate increase. The rule change is reflected on pages 2-7 and 2-7a of the Medical Assistance Program Manual of Cost Reimbursement Rules for Long-Term Care Facilities. DMS Notice of Final Rule Memorandum dated 01/15/10.
Options Counseling Form Has Revision
The Division of Aging and Adult Services has revised the Options Counseling form, which must be used beginning February 1, 2010. The form is attached to the notice memorandum from the Office of Long Term Care, or may be downloaded from the Public Downloads folder on the OLTC Public SharePoint site at https://ardhs.sharepointsite.net/OLTC/default.aspx. OLTC Advisory Memo dated 01/12/10;as amended by LTC-A-2010-03 REVISED (original
memorandum had the wrong form)..
Stephanie Blocker has been hired by the Division of Aging and Adult Services to oversee the Options Counseling Program, in part. One of her roles will be to study the affect of the Options Counseling on institutional living. To accomplish this, one of the first goals is to get cleaner information from the nursing facilities. Data quality problems have been related to illegible hand-writing and incorrect social security numbers. To correct this, in part, facilities that have Internet access are directed to submit their forms electronically. The residents or responsible party’s signature is not required for the electronic submission, however, the completed form must be printed and signed by the resident or responsible party, and that form maintained for OLTC’s audit. Those facilities that do not have Internet access may continue to submit the forms by facsimile.
Failure to Clean Glucometer Between
Resident Merits IJ Deficiency
Lyn Bently of the AmHCA, reports that there is an increase in Immediate Jeopardy citations because facility employees are not cleaning glucometers between uses. She notes that, while it is true that CMS updated the interpretive guidelines for F441 with an example of an IJ deficiency being either not changing lancets between residents or not cleaning a glucometer between residents, this has always been Centers for Disease Control (“CDC”) policy for quite some time. Two links to relevant information on the CDC Web site are: http://www.cdc.gov/hepatitis/Settings/GlucoseMonitoring.htm http://www.cdc.gov/hepatitis/Populations/PDFs/diabetes_handout.pdf
22 AMembershipPublicationoftheAHCA&AALA
February, 2010
Page 4 Of Record
LPNs May Perform PRN Blood Glucose Tests
and Administer Meds Based on the Results
During a recent visit to a facility, an advance practice nurse, who was formerly on the State Board of Nursing, told the Director of Nursing, that LPNs were not permitted to administer PRN blood glucose tests because the LPN would be performing an “assessment” to determine the need for the test, and that assessments fall outside the scope of practice for LPNs. Debbie Jones, the expert on Scope of Nursing Practice with the State Board of Nursing, disagrees that an LPN is not permitted to administer a PRN medication. She responded to the following question.
Is an LPN qualified by training to observe and record signs and symptoms of high or low blood sugar, and then based on those observations, to administer a blood glucose test, which is a PRN order?
Ms. Jones explained as follows: Position Statements 95-1 and 98-6 define the Scope of Practice which are broad and vague. The RN Scope of Practice includes assessment, diagnosis, planning, intervention and evaluation. The LPN Scope of Practice includes observation, intervention, and evaluation. The LPN works under the direction of the RN, APN, licensed physician or licensed dentist.
The RN will assess the resident, identify the appropriate diagnose(s) and plan the care based on the assessment, diagnosis, and physician orders. Unless the task requires assessment, diagnosis, or planning the LPN could be assigned or delegated the task that the LPN is educated and competent to perform.
Monitoring signs and symptoms of Hypo- or hyperglycemia and documenting observations would be within the LPN Scope of Practice. One method of monitoring is performing and blood glucose test. The LPN can then administer medication that is ordered based upon the blood glucose test. If specific nursing tasks are not ordered by the physician or nursing care plan, the LPN would report adverse signs and symptoms to the RN, APN, or physician for further directions.
Deborah L. Jones, RN, MNSc Program Coordinator Arkansas State Board of Nursing
Reinventing Your Management: Teamwork
Doesn’t Always Work
“Competition doesn’t always appeal to every member on the corporate ladder.”
-Jim Mathis
Notes&Notices|March2010 23
February, 2010
Page 5 Of Record
Your Team Hates Working For You
"What? They love me!” you say. They follow direction and always honor me and my family at the annual meeting with a gift and testimonials. They hate you. Most bosses operate under the delusion they are adored and that everyone is dying to follow them. The more eccentric the leader, the more the hatred. I worked for multiple leaders who were as eccentric as could be and it generated contempt. The deeper the quirks, the more intense the animosity. The workers may be bowing and scraping, but they resent every action and duty dumped on them that you want done and won’t do for yourself. They like getting paid. But when they go home at night, they spill their bile about that taskmaster of a boss who does nothing but drive them crazy (isn't that what you do?).
Before you fly off the handle and stop reading this, allow me to explain the top reasons your team can’t stand working with you. Remember the movie, Mr. Mom, with Michael Keaton and Martin Mull? Keaton attended his wife’s company picnic. There were competitive games, but the object was to let the hapless boss (played by Mull) win every time. They hated him. Well these are things you need to fix before you either have a full-scale mutiny or a going-out-of-business sale in the HR department.
First, you treat them like employees, or cattle. You don't know a thing about them as persons (which makes them feel like nothing more than a number). You have no idea what lives they live or what they go through to please you. You require reports that you really never read or care about just to make sure they are honestly working. They know the reports are useless and that you really don’t read them. They have more important things to do with their time. Just like you have more important things to do than read useless reports. Nothing sucks more than a gift or reward that doesn’t match the person’s likes or dislikes. I served on a board last year that was tough enough. But at the end of the year, when it was time to pick gifts for the “team,” the leader bought all of us cookbooks (I don’t cook). He autographed them with personal notes about what they had done that year. If he couldn’t remember what they did, he just wrote something that came to mind. “Jim, I know how you love to cook, so hope you can use the great recipes in this book.” What a waste.
Next, you don't fight for them. When is the last time you went to bat for a team member? And I mean went to bat where you had something to lose if it didn't work out? How many times have you been thrown under the bus by a superior? Didn’t feel good, did it? I had a boss one time that was afraid to ask the finance committee for an annual raise for his staff, but wouldn’t allow them to go to the committee and ask for themselves either. When you don't stand up for them, you lose their trust. Instead try to identify something you should have gone to the mat for recently and get out there and fight. Get someone that raise they deserve. Go fight for them to get that cool new project. Give them credit for work accomplished…and I mean real credit; something they want and deserve.
You micro-manage. You know every detail of what they're working on and
24 AMembershipPublicationoftheAHCA&AALA
February, 2010
Page 6 Of Record
you've become a control freak. They have no room to make decisions on their own (which means yes, they'll make a mistake or two). There are certain personality types that outright despise being micro-managed. It all boils down to the trust issue. I speak to CEOs all the time at conventions and retreats who fret over what is going on while they are away. That is usually the first sign that I can tell they aren’t coaching their managers. Want to fix this? Try backing off. Pick a few low risk projects and commit to not doing ANYTHING on them unless your employee asks you for assistance. It'll be uncomfortable for you. Give it a try and stop being a control freak.
You treat them like mushrooms. Translation: they're kept in the dark and fed a bunch of manure. Do you ration information? Do you withhold "important" things from them because it's "need to know" only? All you're doing is creating gossip and fear. Again, it goes back to the trust issue. People will follow a vision or a dream when it is made clear. They will help a leader attain his or her goals when they find out what is in it for them. Stop being a secret agent and start being transparent in your management style. The most dedicated employees I have seen are up to speed on what the boss wants and where they fit into that scheme of things. They will follow you over the next hill if you tell them why and where.
You don’t get down in the trenches with them. You're above getting your hands dirty. You're great at assigning work. Doing work? Not so much. They hate watching you preside (and they hate it even more when you take credit for what they slaved over). I ask my assistant, to make 20 telephone calls every day to clients and prospects. She doesn’t love making the calls (who really does?), but one thing she can’t complain about is that I don’t just dump this on her. I make 20 -30 call per day myself. Roll up your sleeves and pick a smaller task you can handle in addition to your other responsibilities and DO THE PROJECT YOURSELF.
MSNBC.com came out with a poll of work satisfaction January 5. It seems that in the first week of the new decade dissatisfaction with work is at an all-time low. Almost all of the comments about being dissatisfied were associated with the management/employee relationship, or lack thereof. Some of the quotes associated with the poll were:
“I work for a small firm owned by vapid narcissists with no regard for the aspirations of those who make their opulent lifestyle possible.”
“I hate every part of it. Used to love my job, but over the past five years I’ve seen it go to hell due to poor management and people who just don’t care.”
“Not satisfied and I want a new one. I feel very disconnected from my job. Management is making bad decisions and not listening to the employees.”
“Plenty of payroll issues, as well as being hidden from the rest of the company and being purposefully held back from advancement.”
“Things have changed for the worse at my job. After 29 years I was demoted – with a large DECREASE in pay. So much for being loyal to people.”
Notes&Notices|March2010 25
February, 2010
Page 7 Of Record
The New World of Community
There is a breath of fresh air in the new decade, though. It embodies the world of community at work. It doesn’t pit employees against each other. It doesn’t set up an “enemy” in the form of the competitors, other staff members, or even the boss. It involves openness and sharing from top to bottom. Mankind has always wanted to belong to a group. Acceptance, affirmation and approval are the motivating factors. Competition doesn’t always appeal to every member on the corporate ladder. Some people are proud to do their jobs and contribute with only the acceptance of others as their reward.
My wife works for a national corporation. She has a territory that spans four states. Last year we had just gotten engaged and soon after the day she announced our engagement, the company newsletter proclaimed her good news to everyone in her region. The salutations poured in. When my wife arrived at a subsequent training meeting, the lunch banquet had a French theme to incorporate our honeymoon destination! She was so surprised and texted me immediately what they had done. Everyone was happy and celebrated. The spirit of community building in her company is very strong. No team vs. team. No “us” vs. “them.” It’s all about you and what you can do to make us a better community. It bleeds out into the climate of their customers and the ROI (Return on Investment) is growing.
For years people have attempted to build community. They have tried in the schools, but we are a disjointed society without a lot of free time to get involved in our children’s school. They have tried in neighborhoods, but most people can’t name four families that live two doors down the street from them. They have tried in churches, but when the most active people only attend 2-3 hours a week, you can’t build a very large, viable community. The place we work is where we spend most of our time every week. It contains the people we interact with more than anyone else in our lives. It is the perfect breeding ground to grow community. You can take a dysfunctional group of people and build a strong community out of their needs and wants that are satisfied by mixing together.
Permission is granted to reprint this article. Jim Mathis, CSP is an international Certified Speaking Professional, Corporate Reinvention Strategist and author. To subscribe to his free personal and professional
development newsletter, please send an email to: [email protected] with the word SUBSCRIBE in the subject. An electronic copy will be sent out to you every month. For more information on how Jim and his programs can benefit your organization or group, please call 888-688-0220, or visit his web site: www.jimmathis.com.
Reminders
Upon hire and contracting, check the OIG Exclusion and GSA databases for names of persons and companies you may not employ or do business with:
26 AMembershipPublicationoftheAHCA&AALA
February, 2010
Page 8 Of Record
www.hhs.gov/oig and http://epls.arnet.gov.
Check the AHCA website monthly for the OIG monthly Exclusion List Update and for other helpful legal documents. Go the Members Only section/Legal Page. Call the Associations office if you do not know the user id or password. http://arhealthcare.com.
Important Dates Reminders
02/01/10 Post OSHA Form 300A now and until April 30, 2009 - see Of
Record, Vol. 5, No. 2 (February 2010)
05/30/10 Deliver or mail annual Facility License Renewal Application
06/01/10 New Deadline for Red Flag Rule Implementation - see Of
Record, Vol. 4, No.10 (October 2009)
06/30/10 Deliver or mail annual Administrator’s License Renewal Application
This Newsletter is not intended as legal advice. Rather, it is intended as an informational service to the
reader. Questions about its interpretation should be referred to legal counsel.
BY: Elizabeth Andreoli, JD
Hardin, Jesson & Terry, PLC 1401 W. Capitol Ave, Suite 180 Little Rock, Arkansas 72201 Phone: (501) 372-3634 Fax: (501) 372-3631 E-mail: [email protected]
Notes&Notices|March2010 27
Medical
ServicesZ & D
595 Hwy. 365 South Mayflower, AR 72106
Office 866 - 280 - 2122 Fax 501 - 327 - 0424
Sponsor Spotlight
Sponsorships establish a partnership between our member facilities and the professionals who deliver goods and services to them. Sponsors help AHCA further the education of our members and their staffs, provide support to the
Arkansas Health Care Foundation, and promote quality care in our member facilities. Please recognize and thank our partners when you are doing business with them.
Since its incorporation in September 2000, Z&D Medical Services has grown to provide a wide variety of medical equipment servicing, rental and sales. “Our main focus has always been and will always be to take care of the resident. Our pricing reflects that,” Z&D President Dave Gray said. In addition to affordable pricing, Z&D is dedicated to high quality long term care. They service all types of medical equipment, including low air loss therapy mattresses and bariatric and respiratory equipment, and they use the best equipment available. “What we’re doing is providing a high quality service that’s going to definitely take care of these residents,” Gray said. In order to better care for residents, Z&D has also implemented programs and events to care for the staff, such as cookouts, educational trainings and distributing prizes. This year, we are proud to announce that Z&D has become an AHCA/AALA Platinum Sponsor. Gray said Z&D is highly interested in helping AHCA/AALA provide continuously higher quality training for health care professionals. Just as Z&D was built from the ground up, so have they built their sponsorship, starting out as a lower level sponsor in 2000 and arriving at our highest level of sponsorship this year. We are grateful for their sponsorship and look forward to continuing our work together for long term care residents in Arkansas! Thank you, Z&D!
To contact Z & D Medical, call 866-280-2122.