Regulatory Update

1. Regulatory Update Debbie Zamarripa RN CHFS AL/RC/ADC Program Manager/Coordinator LTC/Oklahoma State Department of Health

2. News on the survey front! • We are happy to let you know that we are now almost fully staffed and we are expecting to meet our mandated survey guidelines this year. If we haven’t been to your facility yet, we will be seeing you soon.

3. As you know, Assisted Living Centers, are surveyed using specific rules and regulations. • The surveyors use Chapter 663 Assisted Living Center Rules as a guideline for surveying your centers. • The surveyors use Chapter 257 Food Service Establishment Regulations as a guideline to surveying the center’s kitchen. • If you don’t have copies of these regulations, they are available online at www.health.ok.gov. • I have included the top deficiencies that were cited in Assisted Living in 2009 and 2010.

4. Top Cited Tags for 2009 in Assisted Living • 1. Resident Rights • 2. Medication Administration • 3. Resident Rights • 4. Medication Staffing • 5. Staff Qualifications • 6. Reports to the Department

5. Top Cited Tags for 2010 • 1. Food Storage, Preparation and Service • 2. Medication Administration • 3. Assessment Forms • 4. Assessment Timeframes • 5. Medication Staffing • 6. Staff Qualifications • 7. Incident Report Timelines • 8. Resident Rights. • 9. Quality Assurance Committee

6. Questions? • Some of the same areas remain at the top ten. Any questions related to the areas of deficiency?

7. One of the recent changes in regulations is from Senate Bill No. 1289 related to changes in OSBI requirements. • The biggest change is cited on pg. 5 and states, “…If the results of a criminal history background check reveal that the subject has been convicted of, pled guilty or no contest to, or received a deferred sentence for any of the following offenses, the employer shall not hire or contract with the person:

8. a) assault, battery, or assault and battery with a dangerous weapon, • b) aggravated assault and battery, • c) murder or attempted murder, • d)manslaughter, except involuntary manslaughter, • e) rape, incest or sodomy, • f) indecent exposure and indecent exhibition,

9. g) pandering, • h) child abuse, • i) abuse, neglect or financial exploitation of any person entrusted to the care or possession of such person, • j) burglary in the first or second degree, • k) robbery in the first or second degree, • l) robbery or attempted robbery with a dangerous weapon or imitation firearm,

10. m) arson in the first or second degree, • n) unlawful possession or distribution, or intent to distribute unlawfully, Schedule I through V drugs as defined by the Uniform Controlled Dangerous Substances Act, • o) grand larceny, or • p) petit larceny or shoplifting within the past seven (7) years.

11. 2. If the results of a criminal history check reveal that an employee or a person hired on a temporary basis pursuant to subsection C of this section or any other person who is an employee or contract provider has been convicted of any of the offenses listed in paragraph 1 of this subsection, the employer shall immediately terminate the person’s employment or contract. The provisions of this paragraph shall not apply to an employee or contract provider of an employer who has completed the requirements for certification and placement on the nurse aide registry and who has been continuously employed by the employer prior to January 1, 1992.

12. Thank you. • If you have questions or any issues that I can help with, please contact me at • Debbie Zamarripa RN CHFS • 405-271-9444 ext57935 • Or 405-517-9657 • Or debrash@ok.health.gov