Passwords, encryption, policies and network security; each are effected by the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act (HITECH) regulations. From the location where computers and kiosks are placed, to the access rights that are provided to employees, these are all subject matters that must be scrutinized and maintained on a regular basis. This ensures healthcare regulations are being followed and information is secure. Failure to do so commonly results in a facility's status of non-compliance with regulation, resulting in the possibility of serious penalties and additional investigation.

Networks today carry much more than just computer information, such as documents and print jobs. A unified network can be leveraged for multiple systems, reducing implementation costs dramatically. These systems can include voice, video, EMR, resident monitoring, video surveillance, physical access control and many more; resulting in the ability to use common servers and cabling for multiple systems. Through new networking technologies, different systems can also be segregated from one another using virtual networking, eliminating the possibility of data being accessible between systems and users where required. In addition, through this unified approach, senior care communities can also increase redundancies, by implementing highly-available technologies that continue to operate in the event of device failure. This results in the ability to continue to operate, regardless of the availability of any single device.

With multiple systems passing information on a network, today more than ever it is important that a network is properly designed - as well as secured. Through the implementation of security technologies including encryption, firewalls, proper user configurations and compliance software, facilities can achieve the goal of ensuring the security of resident information. In addition, effective policies and procedures must also be implemented to meet HIPAA and HITECH requirements. Through the implementation of a unified network, as well as an effective compliance program, facilities can have confidence resident information is secured.

For more information please contact John Dalton, at 732-414-4500 or jdalton@itinitiatives.com

New Jersey providers will have their documentation reviewed after receiving their payment for services.  Several states, including New York and Pennsylvania, will be reviewed prior to receiving payments. For those in the former category, you should be wary of the potential in having to pay back a portion of your payment. For those in the latter category, you will likely be delayed in receiving any payments at all.

To best prepare yourselves for these audits, make sure your documents and processes are up to date and operating efficiently. Ensure your staff members are aware of what is happening, and be prepared to seek review of any negative outcomes. Also, prior to submitting any documentation, review it for errors as well as indicators of any other potential issues. The last thing you want to do is inadvertently tip off CMS to any other issues that may exist.

If you have any questions regarding preparing for RAC auditing, contact Brandon Goldberg, Esq. at 609-454-5351 or bgoldberg@barmak.com.

Earlier this month, news broke of a resident in a retirement home who passed away after a nurse on staff refused to perform CPR. With the 911 operator begging the nurse to perform, the audio from that call quickly made national news and remained in the limelight for weeks. After the dust settled, it became clear that the family was satisfied with the care provided and believed their loved one was satisfied as well; there will be no civil lawsuit. The police investigated and decided to not bring criminal charges. Nonetheless, the public perception of senior care has taken an even steeper dive. While the home may have some bad press in the short run, its conduct leading up to and through the incident will significantly help it manage in the long run.

Perhaps the most important analysis is that of the family. They expressed satisfaction and did so publicly. They explained that both they and their loved one were well aware of the retirement home's policies and the extent of care the resident desired and could be provided with. A comprehensive conversation with residents and families go a long way toward mitigating potential public relations disasters. Far more often than not, transparency is the best policy. Had there been any misunderstanding with the family, the outcome would have been very different. Even if the misunderstanding was on the family's part, if they took to television interviews and a public trial, the outcome for the home would have been significantly poorer. The same can be said on the criminal side. The home had policies and procedures in place to address this situation, and while there may be question as to whether the nurse fully followed them, her conduct and the quality of the policies and procedures were such that no criminal charges will be brought. It is critical that such policies and procedures be regularly reviewed to ensure legal compliance and that all staff members are adequately trained as to what they entail. That is the best way to ensure your staff act appropriately when a crises occurs. While it remains to be seen whether any state or federal health agencies will investigate as well, the lack of a story with the family or police may very well guide the outcome of such an investigation.

If you have any questions regarding family communications, policies and procedures, or managing public relations, please contact Brandon Goldberg, Esq. at 609-454-5351 or bgoldberg@barmak.com.