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Agency for Health Care Administration

Intermediate Care Facilities for

the Developmentally Disabled

Licensure and Certification Issues

Presenter:

Kimberly Smoak, MSH

Health Services and Facilities Consultant

Health Quality Assurance

(2)

The purpose is to strengthen

Federal oversight and monitoring

and to take aggressive steps

to protect individuals who reside

in ICFs.

The Federal ICF/DD

Look-Behind Process

The Federal ICF/DD

Look-Behind Process

(3)

Factors in Choosing Facilities

for Look-Behinds

Factors in Choosing Facilities

for Look-Behinds

OSCAR Data

Media or Public Concern

Same Condition of Participation Cited in

Consecutive Years

State Survey Agency Citing Standards only

Few or no Abuse Citations

No Federal Oversight for 1-3 Years

(4)

Scheduling of Federal Surveys

Scheduling of Federal Surveys

Generally conducted within 30 days of

the State Agency (SA) Survey

(5)

Conducting the Survey

Conducting the Survey

Surveys Are Conducted in Accordance with

the Following Federal ICF Protocols:

Appendix J - Guidance to Surveyors

Appendix Q - Guidelines for determining

Immediate Jeopardy

Principles of Documentation

Eight Survey Tasks are performed

Sample Selection Includes 75% of Sample

from the SA Survey

(6)

After the Survey

After the Survey

Federal Contract Surveyors complete CMS 2567 and

send to provider.

Provider responds with appropriate Plan of

Correction.

The CMS Regional Office, Contract Staff, and SA Staff

will participate in a conference call to share findings

and discuss discrepancies between the SA survey

and Federal survey.

(7)

Florida Statistics

Florida Statistics

Since 2001, when the Federal Look-Behind process

began, Florida has had 23 federal surveys

conducted.

2003: Four Look-behinds conducted

(8)

W 124: Inform client, parent, guardian of clients medical, developmental, and behavioral status.

W 125: Clients allowed and encouraged to exercise their rights as citizens of the United States.

W 148: Notify parents, guardians of changes in condition. W 149: Develop, and implement policy and procedures that

prohibit mistreatment, abuse and neglect.

W153: All allegations of abuse, neglect, mistreatment and

injuries of unknown origin are reported immediately to the administrator.

11 Focus Tags Based on

Look- Behind Results

11 Focus Tags Based on

Look- Behind Results

(9)

11 Focus Tags Based on

Look-Behind (Continued)

11 Focus Tags Based on

Look-Behind (Continued)

W 156: Results of investigations are reported to the administrator, and State officials within 5 working days.

W 262: Specially constituted committee reviews, monitors,

approves programs to manage inappropriate behavior.

W 263: Written informed consent to implement behavior programs. W 264: The specially constituted committee makes suggestions

to facility about their practices and facility addresses the suggestions.

(10)

For More Information

For More Information

To find out more about the Federal Look-Behind

Contract visit the following Web Page:

www.cms.hhs.gov/medicaid/icfmr/icfcont.asp

To find out more about the History of the ICF Program

visit the CMS ICF Home Page at

:

(11)

Top Ten Deficiencies

Year Span

7/1/03-6/30/04

Top Ten Deficiencies

Year Span

7/1/03-6/30/04

1. W 249: As soon as the IDT formulated clients IPP it must be implemented.

2. W 242: Include for clients that lack them training in personal skills.

3. W 369: Medications administered without error. 4. W 137: Clients right to retain and use personal

possessions.

5. W 154: Thoroughly investigate all alleged violations of abuse, neglect and mistreatment.

(12)

Top Ten Deficiencies Year Span

7/1/03-6/30/04

(Continued)

Top Ten Deficiencies Year Span

7/1/03-6/30/04

(Continued)

6. W 130: Ensure privacy during treatment.

7. W 331: Provide clients with nursing services in accordance with their needs.

8. W 125: Clients allowed and encouraged to exercise their rights as citizens of the United States.

9. W 189: Facility must provide each employee with initial and continuing training.

(13)

Top Ten Deficiencies

Quarter Period

4/1/04-6/30/04

Top Ten Deficiencies

Quarter Period

4/1/04-6/30/04

1. W 249: As soon as the IDT formulated clients IPP it must be implemented.

2. W 189: Facility must provide each employee with initial and continuing training.

3. W 137: Clients right to retain and use personal possessions 4. W 242: Include for clients who lack them training in personal

skills.

5. K052: Health Care Occupancies are provided with a fire alarm system.

(14)

Top Ten Deficiencies Quarter

Period

4/1/04-6/30/04

(Continued)

Top Ten Deficiencies Quarter

Period

4/1/04-6/30/04

(Continued)

6. W 252: Data must be documented in measurable terms. 7. W 196: Standard for Active Treatment Services.

8. W 122: Condition of Client Protections

9. W251: Programs implemented by all staff who work with the client.

10. W 331:Provide clients with nursing services in accordance with their needs.

(15)

Life Safety Issues

Life Safety Issues

Appendix I provides Federal Survey Procedures and

Guidelines for all Life Safety surveys, initial and

recertification. Appendix I can be found at:

www.cms.gov/manuals/107_som/som107_appendixtoc.asp

Additional questions related to Life Safety surveys can be

directed to the Office of Plans and Construction at (850)

487-0713 or your local Field Office Manager

(16)

ICF/DD Rule Update

ICF/DD Rule Update

Currently - Being Reviewed Internally.

Next Step - Rule Making Public Hearing

which will be posted in the Florida

Administrative Weekly.

(17)

Brief Overview of Rule Contents

Brief Overview of Rule Contents

Licensure Requirements, Procedures, and Fees

Classification of Deficiencies

Admission Policies

Personnel Standards

Training and Habilitation Requirements

Administration of Medication by Unlicensed Staff

Fire Protection, Physical Plant Codes, and

Construction

(18)

Helpful Web Sites

Helpful Web Sites

The Agency’s web site,

www.ahca.myflorida.com

provides access to the following information by

selecting Health Facilities and Providers:

ICF/DD Licensure Application

ICF/DD Statute Chapter 400 Part XI

Code of Federal Regulations (CFR) 42

Part 483 Subpart I –483.400

(19)

Contact Information

Contact Information

Additional Questions Regarding ICF/DD

Licensure and Certification Issues can be

directed to the Long Term Care Unit at

References

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