Legal issues for social workers october 5 2007
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Legal Issues for Social Workers October 5, 2007. By: Susan M. Voigt VOIGT, KLEGON, and ROD É Law Firm (651) 209-6161. Increase in Responsibility for Social Services in L-T-Care. How many residents do you serve? What happens when you drop the ball? Why is the licensing Board calling you?

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Legal issues for social workers october 5 2007

Legal Issues forSocial WorkersOctober 5, 2007

By: Susan M. Voigt

VOIGT, KLEGON, and RODÉ Law Firm

(651) 209-6161


Increase in responsibility for social services in l t care
Increase in Responsibility for Social Services in L-T-Care

  • How many residents do you serve?

  • What happens when you drop the ball?

  • Why is the licensing Board calling you?

  • Why do you need legal advice before you speak to the family?

  • Who wants to be conservator?

  • Where is the resident going?

  • Another new regulation?


Admission
ADMISSION

  • Admission pressures

  • Financial information

  • Assessment – care and financial

  • PPS and payment on admission issues

  • Predatory offender law changes

  • DNR/DNI policies, PSDA procedures/Advance directives


Legal and practical aspects of documentation
LEGAL AND PRACTICAL ASPECTS OF DOCUMENTATION

  • New documentation requirements

    - resident advocate/psycho social services, activities

  • Changes in nursing home rules and regs and areas of survey focus:

    - activities, unnecessary meds, anxiety, family and physician notification of significant change, F323, OHFC incidents/accidents; psycho-social requirements


Documentation continued
DOCUMENTATION CONTINUED

  • Resident and family interview relied upon for deficiencies (F241) Dignity; MI issues

  • New social service staff – no such response as “I don’t know.”

  • Progress notes critical – follow up after psych eval and recommendations must be timely’

  • New focus on suicidal ideation and safety plans

  • Medication review and effectiveness documented


Know the regulations and use terminology
KNOW THE REGULATIONS AND USE TERMINOLOGY

  • Appendix PP in state operations manual at www.cms website

  • MDH website at www.health.state.mn.us

  • Know your residents and families and connect with nursing

  • F323 – “identify risk”; “evaluate”; “implement interventions”; “monitor and modify” magic words


The vulnerable adults act
THE VULNERABLE ADULTS ACT

  • Unexplained incidents – bruising – determine a reasonable explanation

  • Falls elopements, smoking risks new focus

  • Reporting requirements – is it abuse or neglect? Is it an error? An accident? Is it financial exploitation?

  • OHFC appeals increasing due to more investigations and serious level deficiencies

  • Vulnerable adult neglect and abuse are connected to wrongful death cases


Health care directives
HEALTH CARE DIRECTIVES

  • DNR/DNI

  • Comfort care measures policy

  • Directive for Health Care and POA for financial are not the same

  • Informed consent and patient right to refuse

  • Medication administration issues

  • Risk management vs. legal decision making


Discharge and transfer requirements
DISCHARGE AND TRANSFER REQUIREMENTS

  • Social service documentation regarding discharge and transfer - guidelines

  • Commitment process for behaviors

  • New conservator/guardianship process for behaviors and nonpayment

  • Role of Ombudsman and Adult Protection

  • Medical Assistance application and social service role


Predatory offender changes
Predatory Offender Changes

  • 2006 – You can decide NOT to admit an offender or violent person

  • Abuse prevention/assessment/individual plans

  • Notification requirements

  • HIPAA release

  • To admit or not admit?


Why do you do this
Why do you do this?

  • Grace moments

  • Mission and paycheck

  • For the residents

  • Because you can – and you do it well


Legal issues update social workers october 5 2007

Legal Issues UpdateSocial WorkersOctober 5, 2007

By: Susan M. Voigt

Attorney

Voigt, Klegon and Rode Law firm

(651) 209-6161