Establishes procedure if immediate jeopardy violation is identified in a nursing home survey. (8/1/16)
Impact
The implementation of SB238 will modify existing regulatory protocols within Louisiana's healthcare framework, specifically concerning nursing homes. It aims to enhance the communication process between the Department of Health and nursing home facilities by ensuring prompt notification of significant violations. This act may potentially lead to quicker remediation of urgent issues, thereby improving the safety and care quality for nursing home residents. Moreover, it emphasizes the need for clarity in communication, as the bill requires that a written explanation of the violation be provided to the nursing home administrators alongside verbal notification.
Summary
Senate Bill 238 establishes a procedural framework for addressing immediate jeopardy violations identified during surveys of licensed nursing homes in Louisiana. The bill mandates that the Department of Health and Hospitals must notify the nursing home administrator of any immediate jeopardy violations, providing an opportunity for the administrator to discuss the violation with a department supervisor. This communication must occur before the surveyor exits the facility, ensuring that nursing homes have a chance to understand and respond to issues identified during the survey.
Sentiment
The sentiment towards SB238 appears generally positive; supporters view it as a necessary improvement to existing administrative procedures that would facilitate better compliance and encourage better standards of care within nursing homes. The emphasis on communication is seen as a proactive step towards preventing severe repercussions for violations that the facilities may not be aware of until after the surveyors have completed their inspection. However, there may also be concerns among some members of the healthcare community regarding the adequacy of the training and resources available to staff in nursing homes, in order to comply with the outlined procedures.
Contention
Although the bill aims to improve operational transparency, its potential contention lies in the effectiveness of notification procedures and the sufficiency of time afforded to nursing homes to address cited violations. Critics could argue that while informed communication is essential, the requirements imposed may create additional administrative burdens. Furthermore, there may be discussions about how quickly facilities can address immediate jeopardy violations before facing significant penalties, particularly related to Medicare and Medicaid services, which may inadvertently affect the quality of care if not sufficiently managed.