October 1, 2005 Legislation

HIPDB

Non Profits

JCAHO

Licensure

HIPDB

DHS has found an error in the previous enacted Healthcare Integrity and Protection Data Bank regulations.  It erroneous included "any other negative action or finding".  This is to be changed to the exclusion of administrative fines or citations, corrective action plans and other personnel actions, unless they are connected with billing, provision or delivery of health care services and taken in conjunction with other licensure or certification actions such as revocation, suspension, censure, reprimand , probation or surrender.   This is listed on page 36554 of the Federal Register.        Top 

Non Profits

The IRS has listed on page 53599 of the Federal Registry the new rules regarding the non-profits and their excess benefit transactions especially as it relates to the organization and its Board of Directors.        Top

JCAHO

The Joint has been caught with their hand in the cookie jar.  After being found to have been giving information (selling) to other "partners", they have now put into their own policy the allowance to share parts of the accreditation reports with their parnters.  The Joint states this is improve communications however it is also to improve cash flow.  

In an interesting phraseology, the Joint believes that what they consider not a good grade for their hospitals is a good grade for them.  In their first quarter survey, they learned that only 84% of those surveyed believed that the process was a benefit in external validation of organization performance with less than 40% reporting a great deal of benefit.  Only 58% reported a benefit in market access to significant patient populations due to the accreditation.  Only 90% found the accreditation process of value and the same amount found any likelihood of recommending the accreditation process to others.  Only 85% of the respondents of the survey found that the process engaged physicians, but that is not important in some hospitals.  It might be noted that in a recent Press Ganey survey at one of my hospitals the administration got dinged on their communication with the physicians and nurses.         Top 

Licensure

Connecticut has ordered Hartford's Children's Hospital to increase security, improve the supervision of its trainees, make sure all in ER and surgery are advance life support certified, hire a surgeon as the head of the Department of Surgery (are you listening Pennsylvania) and install a full time ER director.  They have until November 15 to comply or potentially lose their license.  The hospital has already been on probation and fined $250,000 this year for three patient deaths in the past year.        Top

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DISCLAIMER: Although this article is updated periodically, it reflects the author's point of view at the time of publication. Nothing in this article constitutes legal advice. Readers should consult with their own legal counsel before acting on any of the information presented.