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A Discussion on the Risks and Best Practices in Mental Health and Substance Use Disorders Care

The current environment has highlighted the increased demand for both mental health and substance use disorder care needs. Recently, Michelle Foster Earle, president and CEO of OmniSure Consulting Group, sat down with a well-respected industry leader in risk management in these clinical areas, Monica Cooke, BSN, MA, RNC, CPHQ, CPHRM, DFASHRM. Their insightful exchange on risk mitigation in these settings follows.

Michelle:
Monica, you’ve been in this field a long time. Tell me a little bit about your background. How did you get into risk management for mental and behavioral health?

Monica:
I’ve been in mental and behavioral health for a total of 44 years. I am a nurse; I started my career in the alcohol treatment setting. It was the initial nursing position for me, and then I moved into psychiatry a few years later. Clinically it’s been my entire background. I’ve worked in child and adolescent inpatient settings, adult residential, and state facilities where people are there for a long time. I’ve had a lot of clinical experience. And after 30 years, I went into leadership management. I became a director of nursing, director of risk, and director of quality, all in the last few years of my pre-consulting career, when I had a real job as my husband would call it. I kept seeing the same things repeatedly, everywhere I worked.

I saw it as a matter of working to reshape culture when it comes to risk management and quality care. I decided that I really needed to get the word out on a broader scale. So, I did; in 2006, I started my own business in risk management and quality. I am certified in both as well as a certified psychiatric mental health nurse. I have worked clinically up until COVID-19. I was working with substance use patients before their dropped census. For the past 15 years, I have been doing risk management as well as legal nurse expert work across the country in behavioral health and substance use.

I think my interest in it is that risk is always going to be there. For most organizations, it is a matter of doing a good assessment, looking at where they’re at now, what are the risks, thinking it through, and offering recommendations on how they could improve and minimize the risk while also helping them decide what risks they’re willing to tolerate. There are a lot of risks we must tolerate in mental health and substance use settings or care and treatment across the board. So, as we know in any healthcare arena, we can’t get rid of all the risk; we can’t mitigate it all. But we can look at what we have and decide on how to prioritize the risks.

The detective work, figuring out what’s going on in an organization, that’s what I enjoy doing. A lot of it has to do with the culture of the organization and the leaders. Where are they coming from, what is their philosophy of care, and what is their attitude toward workplace violence and taking care of staff? As we know, workplace violence is a big concern in healthcare across the board.

Michelle:
Well, I’m going to ask you a lot about risk management, patient safety, and taking care of staff in a few minutes, but you mentioned just now that you were working in a clinical capacity until COVID and that the census went down. I received a question yesterday from an underwriter about claims during the COVID period, and I explained this particular class of business census went down, and because of that, they’re going to see fewer claims because there were fewer patients. Is the reduction in the census something you think has happened across the board in behavioral and mental health or was it just in addiction treatment?

Monica:
No, I think it happened across the board. I think that part of the dilemma, and more so with mental health inpatient type settings and partial hospitalization settings, was the risk of exposure due to patients coming in and going out on a daily basis and potentially being admitted with COVID. Most organizations do test routinely prior to entry because we have issues with compliance; patients that are at times psychotic are often unable to cooperate with hygiene and care policies associated with COVID precautions.

I live in Maryland, and the Metro DC Baltimore area saw a lot of substance use settings close or the census lower. For instance, the facility I worked at had a 40-inpatient-bed detox and rehab unit, went down to 10 initially, then started bringing census up so that each patient could have their own room, with minimized contact, COVID testing, isolation, retesting, etc. consistent with COVID guidelines. That takes a lot of energy because it requires redesigning the entire treatment program.

Interestingly, it had a good impact in our facility by changing the program to more focused small group care and treatment, as opposed to large groups of 40 patients. But certainly, access to care, in 2020, was prohibitive. The emergency rooms were flooded with mental health patients because facilities lowered their censuses, and inpatient beds were not available. Certainly, care access went down because of COVID, but programs are beginning to, I think, come back and be more available.

Michelle:
I’m just intuitively assuming mental health and substance use treatment needs to be more available now because it’s been such a hard couple of years on so many people. I’m sure that there were many more relapses from people being triggered, depression, anxiety, from all that everybody has endured, from not seeing friends and family members. And for those working in health care, the trauma of seeing so many patients and colleagues get sick and die. It’s been a tough couple of years.

Monica:
And, interestingly Michelle, one of my bigger concerns was with care providers. Because of the stress on them and their families, the increased use of substances . . . alcohol, marijuana, pills, anti-anxiety meds, other things that may or may not be prescribed, yes, increased substance use in healthcare providers is a risk. I often speak to groups and share the need to educate everybody. Care providers need to be aware of their own risk, to watch their peers, and the people they work with: are they acting differently, do they smell alcohol on their breath, have they noticed any differences in their behaviors? These are very real scenarios that are happening because healthcare providers are trying to manage the increased care load; home, kids, and families; and the healthcare crisis. It is so very, very, very stressful. It is critical they receive support from a mental health perspective.

Michelle:
Let’s get to the initial topic of risk management. You’ve undoubtedly seen the best and the worst situations. What stands out as one of the worst situations?

Monica:
Probably the worst scenario was both a liability and a law enforcement issue. It involved an inpatient psychiatric unit for adults where a patient had hanged herself in the bathroom and was not found for about two hours. When the staff found her, they took her down and sat her on the floor to make it look like she had just died. Then they told their charge nurse that the patient was sitting on the floor and wasn’t breathing. Because she died, it also became a police matter.

Initially, the ligature marks were not visible; however, when the police arrived, the ligature marks on the neck were visible. Then of course, the real story came out after a review of video from the hallway cameras. No one was monitoring the patient every 15 minutes according to protocol. The staff, mostly techs, are assigned to monitor the patient. They attempted to cover up the lapses out of fear they would lose their jobs. As a result of the falsified reporting, the investigation turned into a possible homicide.

Of course, it turned into a liability issue for the family of the deceased. It is understood someone can die from strangulation in a few minutes and that established safety parameters are for rounds every 15 minutes. However, if they had been conducting the rounding, they may have prevented it or may have been able to resuscitate her. The corporate parent company asked me to meet with the staff and assess the culture. The question was, is this a culture issue, a culture of care issue?

I determined the culture was very bad, much like what I had previously seen in some inner-city hospitals. While the staff had the required competency, they were not very sophisticated. The leadership was facing a tremendous challenge to shift the culture, and that was going to require hard work and time. I think that’s probably the worst situation I have seen. Sadly, it wasn’t just that someone failed to do a required safety check. The attempt to cover up the failures was a significant cultural red flag.

Michelle:
In hospital settings, there’s been a lot of work to change and shift away from the blame culture, which is our human nature really. When something goes wrong, and especially when the most egregious things go wrong, we want someone to blame. Somebody needs to pay the price. People at the top, especially if a scapegoat helps ease the situation, can be quick to fire a wrongdoer. So then when unintentional mistakes happen, people get scared and think, what could possibly happen here? Someone could lose their job and be terminated. The person who made the mistake has a family to support and can’t afford to lose a job. So, if they can, they brush it under the rug. But that does nothing to help others keep from making the same mistake. It causes people to falsify records, hide, lie, or run, in fear and be scared. Blame culture doesn’t have anything to do with intention; it just has to do with the outcome.

In a just culture, you look for systems to fix. How did the system fail the clinician at the point of care? If the clinician was supposed to be checking on the patient every 15 minutes, was there some reason that the clinician wasn’t doing that? Was it a staffing issue? Was it an issue with the location of the patient room? Was there a clear handoff from the previous shift with specific action items? Who knows what the system fixes could have been had the staff not felt the need to cover it up? The shift from blame culture to fust culture hasn’t happened across the board at all hospitals. We’ve done a good job of it, but I’m interested in how many psychiatric and behavioral health settings have even heard of just culture. Is that something they are looking at and thinking about?

Monica:
Certainly, for the most part in my early career, thinking through systems was not yet a concept. But at this point, it is. When I do risk assessments, that’s what I look for: is it a just culture? What do staff understand about what follows when something negative happens? What happens to them? Digging into incident reporting and near-miss reporting practices are a big focus issue for risk managers.

I grew up in nursing in the ‘70s as an RN, where if you put in an incident report, it went in your personnel file. If you made an error on medication or anything, it went into your personnel file, and then annual reviews came up, and oh, you made three med errors, and you’re not getting your raise or your merit increase. I think we’ve done well. I think that for the most part, psychiatric settings are keeping on par with hospitals. The hospital where the patient hanged herself certainly knew about just culture. But changing the culture takes a year or two years; it doesn’t happen overnight. Everyone must buy-in. Everyone must believe in it. Everyone must practice it every day. It takes a lot, and they knew that was an issue. And in fact, that was a contributing factor to what occurred. And of course, there was intentional deceit, and intentional deceit is unacceptable in any just culture. Just culture lays the foundation for the questions, is there a system issue to explain why they couldn’t do the rounds every 15 minutes, do they not have enough staff, do they feel overloaded? All those things must be considered and investigated without bias when a sentinel event occurs.

Michelle:
Right. In a blame culture, people are more likely to do what this staff member or team did, which was to hide the error. And then it becomes intentional falsification of records, which takes on a whole new life of its own. Within the just culture, you reward and encourage people for speaking up. That staff member who found the patient might not have tried to cover it up in a just culture and would’ve said, “Oh my goodness, I haven’t been in that room in two hours. Look at what happened! I was busy helping Jane who had this problem over there, and I feel so horrible.” Everyone would have looked for ways to keep it from happening again. In a just culture, she was not necessarily going to be terminated; she would have been handled fairly. The whole organization would look to learn from the situation that led to this sentinel event, a patient’s death, and hopefully prevent it from happening ever again. There’s no tolerance for deceit; that would be grounds for termination.

Monica:
That’s right, they did have to terminate them.

Michelle:
Exactly. Once you’ve falsified records, you can’t go back. So then, what would you say might have prevented that error from happening or that outcome? Obviously, we know the 15-minute rounds might have helped. Do you think that leadership embracing a just culture would’ve been the number one thing to have in place beforehand to keep that from happening?

Monica:
I think just culture plays a big part in it. We need staff to know they can make a mistake and not lose everything they’ve worked for. Prior to just culture, if we made a medication error, not only could we be fired, but people were fired. I think that the change has been a huge influencer toward open and honest communication and improved patient outcomes. In the sentinel event we discussed, I think that the system failures included a lack of adequate supervision.

I am aware of mental health facilities that have increased supervision because of the liability associated with failure to meet the 15-minute check standards. If there’s a legal case, that’s the first thing I want to see: the Q 15-minute checks logs. There are many ways they can be problematic, ranging from being blank to being falsified, which makes having a double-check system in place vital. The mental health techs are usually accountable for completing these rounds, managing the milieu of the patients, and reporting concerns to the nurses. Because nurses are busy doing admissions, medications, and providing clinical care, supervision is often lacking.

I recommend a system where the nursing staff is directly involved in those Q 15-minute rounds on a regular basis. For example, once an hour, the rounds are completed by the nursing staff. This promotes their engagement and ownership of the team’s accountability and allows for increased vigilance and supervision while elevating the importance of the duties. That’s one approach, and because most facilities are very much aware that a failed system leads to high risk and high severity outcomes, Q 15-minute checks are a top priority to ensure patient safety, and teams are being trained and systems implemented to reduce these risks.

Michelle:
OK, let’s go to the opposite side of the risk spectrum. Share something about going into a setting where maybe you said, “Wow, this place has really done a great job with risk management and patient safety!” And what were they doing that impressed you?

Monica:
I don’t get wowed too much. Beautiful and newly designed facilities that meet current standards can mitigate about 80% of our risk. That is accomplished with design, just design. The higher quality organizations are most commonly newer facilities that are designed with safety as a priority, as opposed to an old med-surge unit that’s been converted into a psych unit. Some of the best facilities are the ones with more resources; however, resources alone are not the answer.

The thing that really impresses me, which really tells me that they have strong risk management, is if the staff can speak to it, is data monitoring, if they can speak to data, what they’re monitoring, what their high-risk concerns are. And not just leaders because leaders get it drilled into their heads but the staff. I’ll ask a nurse or a tech what are your biggest risks? What are you monitoring here? What are you trying to make sure doesn’t happen? They’ll say things like, “We really watch out for contraband. And we’ve implemented this strategy to take care of it at the door.”

The staff’s ability to speak to it is evidence of their involvement, and that is huge. Everyone’s a risk manager. I know we’ve all heard this before, but everybody really is a risk manager. For a risk management department, it is about getting the frontline people, the people that are doing the job every day, getting them on board with what are we trying to get better at what we are wanting to do about it. What does our data show, for example, about how many restraints incidents they have had and how incidents have lessened because of what they have implemented?

Michelle:
Yes, and not only are they getting real-time feedback on the things that everybody is concerned about and wants to see improved, but they can also be part of the solution. We all need feedback to improve. When I was an administrator, we would intentionally bring in the nursing assistants and the frontline workers to help solve problems because they were the only ones who really could solve the problems right there at the point of care. They saw and knew what was happening in ways that we did not, what equipment was available, why they needed assistance with a particular type of client, what works, and what doesn’t. So, you’re right. That’s an excellent point that if the frontline staff is part of the risk management performance improvement projects and the data from the quality assurance and performance improvement are shared with them, they know how they’re performing, they are being involved, and they are on the same page with the solution. That’s excellent.

Let’s talk about the newest design you mentioned and its importance. If you’ve got the facility itself designed to solve several risk problems, that’s absolutely beneficial. However, aren’t those going to be more expensive than the treatment facilities?

Monica:
It’s not necessarily expensive in terms of the cost of care. At our hospital, we take public assistance, and yet, it’s a newly designed hospital. It’s not that these are more elite facilities but rather that they are designed for improved safety, which gives them a huge advantage over the traditional psych facilities that are either inpatient units in a hospital or freestanding, but they were not built for that purpose. Because they were built for something else and repurposed, they have their own risk challenges. Even a recently built rehab building that has been repurposed will have increased risks because the design is not the best environment for this population and their safety needs. Do you see what I’m saying?

Michelle:
I totally do. We have a facility in our city where they took one of those nursing homes that had a layout like the spokes of a wheel. They had the central nursing unit and all the hallways where they had specific designations. One became the adult female hallway, one became the co occurring disorders hallway, and so on. You could tell it was an old nursing home that I guess didn’t make it as a nursing home, but they had converted it into a drug and alcohol treatment facility.

Monica:
Yes, that’s exactly what happened. With the Joint Commission and CMS guidelines, the trend is toward a mandatory safe design. Retrofitting that design is not as good as if it were built specifically to meet the current standards. Because units could still have a lot of blind spots and the bedrooms are far away from the nursing station, like with those spokes, not only does observation become a problem, but the need for maximized observation cannot be accomplished. The nursing station you referenced likely was not nice, low, and open or positioned centrally where everyone is interacting, with a big day room out in front of it where patients can socialize.

I think that now we have a lot more pressure from regulatory and accreditation bodies, things have gotten better regarding design. But people have put millions of dollars into rehab units, and we know that mental health dollars are lean. There’s no parity. Nobody’s making money in mental health. Well, I can’t say nobody—but most. I mean, they’re barely getting by.

Michelle:
Yes, I really like the idea of the question: Was it designed for the purpose it’s being used for? And that’s a more important question than “Is it a luxurious facility or one that serves the lower income?” because I know that is a question people are asking. You look at some of the drug and alcohol treatment facilities, and they look like a destination vacation on the beach with horseback riding, but those are all private pay. So that is a question that comes up: Are they less risky than a facility that has a minimal budget but treats a lot of people that are underserved and don’t have the resources for something like the “really nice” rehab?

Monica:
Well, for the most part, substance abuse facilities have different risks. The risks aren’t the same as they are with mental health. There is a much higher risk in a mental health setting than in a substance abuse setting. And yes, there are the luxurious, resort-type, go swimming every day and get massages and all those things, in substance abuse settings. And there are a few, though not many, very, very private elite mental health facilities too. So, what they offer is not necessarily a better design or even a safer design, but what they offer is more and multiple clinical treatments. For instance, Betty Ford is an old facility, but they offer things that you wouldn’t get at a typical substance abuse treatment facility, like massages, acupuncture, and yoga, all these kind of relaxation therapies that absolutely do help.

The problem is that they help during the stay, but does the person then go home and do those beneficial things to help them to maintain their sobriety? The other types of facilities that don’t offer all those perks, they most likely suggest these modalities to patients or something equally relevant. If they’re in a detox/rehab setting for, say, three weeks, they work to establish a recovery plan for somebody based on what they have access to. Now people with a lot of money have access to yoga and massages and all those things that can and do help, whereas somebody with funds that are severely limited or nonexistent . . . they’re not going to get a $100 massage to prevent a relapse. I think that’s the difference.

And of course, we know there’s a lack of parity in terms of health care: just being able to pay for what you want. I mean, we have concierge doctors, right? People can pay for a concierge doc to call at any time of the day, but you pay a fee for that. I believe that the biggest difference between them is not so much the design because there are some bad designs. Substance abuse freestanding settings are very well known, trust me. But they offer more. They have more of a variety of services, more staff, and they have greater access to all different types of resources in the community. So that’s what really makes them different. Now the question is, are they better because they help all that? From a risk perspective, the question is do some of these other available services come with their own risks?

Michelle:
We have one consultant who was an administrator at a drug-and-alcohol-treatment residential facility, which had equine therapy. And so, what kept her up at night was not somebody relapsing, but it was someone getting thrown off the horse or getting kicked by one of the horses.

Monica:
Well, Michelle, equine therapy or therapeutic riding is wonderful therapy. We have a gym here for our substance use patients, and we have more injuries in that gym. It’s a younger population often, and they’re substance users and haven’t done any exercise or played basketball in 10 years, and suddenly, they’re clean for a week and want to go down and do high jumps, and then they fall and sprain their ankle. I think those are always risks. And again, it’s what risk can we bear? What risk can we accept? If those risks do exist, then we must have a sense for them: which ones are we able to accept for what is best for patients?

We have a challenge course outside where they climb up ropes, they swing on ropes at high distances, they walk a tight rope with a harness, and they do all kinds of things. Is that risky? Yes, that’s risky. We have never, ever had a harmful event in 30 years of the challenge course at this substance abuse facility. And I credit that to the good therapists that are doing it. They’re consistent with being very stern about what all the safety rules are. It’s not a joke, and we don’t play around. They really keep things in check. We have people sign a release when they come in stating you’re going to get adventure therapy, it
involves this, you consent to that, we won’t be liable, etc. They can consent to physical activity.

Michelle:
Here’s another scenario: We all hear about substance abuse settings where patients discharge perhaps prematurely, due to limited benefits or resources, and then they relapse and die of an overdose a day or two later. What’s at play there, and what can we do to prevent that type of tragedy?

Monica:
I think substance use is a chronic illness, and it’s a very relapsing illness, and we all know that in the industry. We accept public funds as well as private funds or private insurance. And there certainly are patients where the insurance says, no, they’re only getting five days of detox, we’re not paying for rehab, etc. Those patients then become a high priority for establishing a good recovery plan at the point of discharge. We need to ensure we have established good assessments and, of course, that they are medically stable at the point that we discharge them. We work with them on a good recovery plan that has many components, such as AA, medication, individual therapy, or outpatient group therapy. And most of our patients successfully step down from inpatient to intensive outpatient, where they come in three times a week for a couple of hours. If they refuse it, that’s one thing. If they don’t refuse it but don’t stay with the plan, that kind of falls back on them. From a liability perspective and a risk management perspective, I’ve never been very concerned about that. Those tragedies do happen. People who are substance users are not incompetent; they are able to make their own decisions. If they decide to start using, there are consequences for that, and they are aware of those consequences; there are known consequences.

We do have patients that leave AMA (against medical advice), and there are a lot of substance users that go into treatment and a day later say, “I don’t like this; I want to use some more,” and they decide to leave. From a liability perspective, we don’t worry about the AMA cases as much.

Michelle:
It sounds like the best thing is to have some sort of system in place so that there is a good transition. You’ve done a good handoff to the step that’s right for them, either to continued treatment, to the primary care physician, or to an AA program with a sponsor, whatever that plan is, just making sure that you do a complete handoff. Like at the ER, the goal is to keep the person from having to be readmitted within 24 or 48 hours because that signifies that maybe the treatment wasn’t provided sufficiently, or they were prematurely discharged. I would say, then, that for treatment for drug and alcohol abuse, it’s probably the same thing. You want to make sure that there is a good handoff in the continuum of care. The ERs call the patients 24 to 48 hours later and say, “Now when we discharged you, we discharged you with a prescription for this particular antibiotic and instructions to get in touch with your primary care physician. Have you been able to schedule that appointment?” The ER is making sure that they’ve done a good handoff.

Monica:
It’s a good practice. It’s not universally done; some health systems are better at it than others. I think what’s important, again from a liability perspective, and what most ERs do in their discharge instructions, is they make it clear that “if you have any problems, come back to the ER.” What we say here is, “If you start having any issues, call us. Call us, and you may need to come back, or we can give you more resources, or we can facilitate you getting what you need.” So, they know that at the point that they leave, they can always call back.

Michelle:
That’s great. Thank you, Monica. It’s been an enlightening conversation.

We are the highly-specialized partner industry leaders depend on for exceptional risk management solutions, loss control service, and support. For further information on how to mitigate risk, get in touch with OmniSure today.

The Dawn of Digital Healthcare: Risks and Strategies for Liability and Coverage PLUS Webinar

The intersection of cybersecurity and healthcare industries continues to rapidly accelerate as we move into a more digitized future each day. The COVID-19 pandemic created a dire need for telemedicine as the standard way of healthcare practices. While the convenience of telemedicine and digital health practices seems obvious, the risks for liability and cybersecurity rise. OmniSure’s Executive Vice President Laura Luck Martinez [a](BSN, RN, MS, ARM, CPHRM, FASHRM) was a panelist at the PLUS Webinar this past October.

PLUS (Professional Liability Underwriting Society) is recognized as the primary source of professional liability educational programs and seminars, networking events, educational products, and information regarding professional liability. Martinez was a key speaker and presenter on the panel: The Dawn of Digital Healthcare: Wearable Technology – Risks and Strategies for Liability and Coverage with an esteemed group of other industry leaders. We explore some highlights and major takeaways from this webinar below.

Telemedicine affects everyone

Chris Tellner (Partner, Co-Chair of Healthcare/Managed Care Practice Group, Kaufman Dolowich Voluck, LLP) moderated the panel, and he begins with an excellent point: we are certainly in a new world, and technologies in healthcare have become extremely beneficial on both a personal and professional level. Beyond telemedicine and communication considerations, digital technologies are very personal: this applies to wellness and fitness goals that we commonly track with FitBits and Apple Watches.

This is where the security of digital healthcare gets cumbersome: there are extreme risks and pitfalls both on the professional liability side as well as the cyber insurance side when it applies to wearable technology. Aside from a personal attack and exposure risk of someone capturing confidential information, there’s an inherent risk for the companies to measure the data. Martinez explains the difference between wearable technology and medical technology.

Wearable technology v. medical technology

Telemedicine can be divided into three different modalities: real time, video, and asynchronous (“store and forward”). The latter is most commonly used in common practice (ie. dermatology) and allows for x-rays and video clips to be shared among primary care providers, in consults, etc.

A new form of technology has dominated healthcare: remote patient monitoring (applications and health records are triggered by Artificial Intelligence to create early intervention alerts to monitor and manage chronic health conditions). This significant advance in digital healthcare addresses common (and chronic) issues like: congestive heart failure, diabetes, post-op, oncology, etc. to be monitored.

Although they seem similar, there are differences between remote patient monitoring and telemedicine. They both have multiple capabilities to monitor glucose levels, track blood pressure monitoring, even apps that monitor air quality control (beneficial for anyone with respiratory problems). Laura explains the important differentiating factor: “[with the wearables] while we do see patient and physician self reported data, those devices don’t have medical grade validity in general…the wearables have different risk exposure and A.I. activity from telemedicine modalities…we see a higher risk exposure.”

Laura Luck Martinez elaborated how provider executives are investing massive amounts of money into AI technologies. The intention is for these systems to reduce spending over time and truly help patient outcomes.

However much money continues to be invested in AI, it is Martinez’s belief that not only will the remote patient monitoring devices be at great risk for some sort of breach, but all healthcare is at risk: the data, the systems, the devices we use to monitor and provide care for any patient in the healthcare setting.

Risk Management and Cyber Policies

There’s an incredible amount of risk involving cyber crime and insurance. Hackers could gain access to private and sensitive information. This includes: financial information, location, social security, physical condition, a person’s daily activities, political affiliations, credit risks, and much more.

The panel discusses how in today’s cyber world, we’re seeing all types of industries become victims of cyberattacks. From manufacturing to e-commerce businesses, everyone is at risk. Tamara Ashrin explores the dangers of ransomware in healthcare, and how this triggers so many different coverages under cyber policies and creates a slew of expenses.

In the professional liability realm, Ashrin gave an example of an inadvertent breach of privacy, which is definitely an area where companies need to know the risks and mitigations. She recalled an example of a nurse posting information on social media regarding a patient’s health where they were the victim in a city-wide event. The family of the victim sued the hospital for a privacy breach. One bad judgment can cost a company millions of dollars. Another common example of this social media/marketing use is a plastic surgery center posting “before and after” photographs of clients. Unless they obtain the patient’s consent, litigations may occur in those scenarios.

So, are there any products out there that provide resources to an insured claim without having to trigger coverage? Ashrin explains “…companies now provide training services and risk management services to policyholders that employers can use to train their employees to prevent breaches…these are typically available when you purchase the policy.”

Web of Regulations

A breach could implicate many types of regulations, including those involved with US Treasury Department regulations (office of foreign assets, US Sanctions list, etc.), HIPAA, Federal Trade Commission (important to be careful in obtaining and keeping data from wearable devices), FDA, etc. A recent example of legislation regulating this data is the California Consumer Privacy Act (CCPA) which covers businesses that collect and sell consumer personal information or disclose personal private data relating to California residents. The definitions of “consumer” and “personal information” are broadly defined.

What can policyholders, healthcare providers, or healthcare organizations do to protect?

Laura Luck Martinez emphasizes the absolute need for healthcare providers to include digital healthcare information in staff on-boarding. “…oversight and provider credentialing must be expanded…there’s a need to address the training, competencies, telehealth and remote patient management approachments. Ultimately, it’s incumbent on every single provider to have some knowledge of the credibility of the devices, it’s intended or promised functions. Relying on I.T. or other office personnel to know is not sufficient or adequate.”

This is crucial advice for any healthcare setting. Preparation is key: and this extends to back up plans as well. Martinez reiterates that “cyber security is a patient safety issue not an I.T. problem. We need to have business impact assessments and risk analysis – follow that with a strong development plan and program…there will be times when systems are down and data is unavailable. Preparation is key.”

The panelists advised the insurance companies to create a breach playbook, which identifies key personnel and responsibilities in the event of a breach or a suspected breach. Some other breach essentials include implementing a comprehensive backup plan, among other items of importance. Last but not least, the importance of knowing your cyber coverage resources is another key to mitigating risks.

What should a company do first in the case of a cyber attack?

This is a subjective question, but a few of the PLUS panelists responded to this question in a similar manner: they advised the victim to call a broker or carrier right away, and to not delete any information on servers. That being said, it’s an important reminder for businesses and companies to have data backed up onto other devices as well.

Looking into the future

OmniSure is a proud partner of PLUS, the global community for the professional liability insurance industry. Telemedicine, wearable tech, and the professional liability coverage implications remain at the forefront of the healthcare industry, and OmniSure’s Laura Luck Martinez remains a thought leader in that realm. We are committed to providing all of our partners with the most up to date industry risk mitigation standards and direction. Get in touch today to learn how we can help you and your company manage risk and elevate healthcare.

Full List of panelists

Presenters

  • Laura Luck Martinez (OmniSure Executive Vice President, BSN, RN, MS, ARM, CPHRM, FASHRM)
  • Abbye Alexander (Partner, Co-Chair of Healthcare/Managed Care Practice Group, Kaufman Dolowich, LLP)
  • Tamara Ashjan (Director, Claims, Cyber & Tech, Tokio Marine HCC)
  • Laura Ruettgers (Partner, Chair of Data Privacy & Cybersecurity PRactice Group, Kaufman Dolowich Voluck, LLP)

Moderator

  • Chris Tellner (Partner, Co-Chair of Healthcare/Managed Care Practice Group, Kaufman Dolowich Voluck, LLP)

Hot Topic: What You Need to Know About the 21st Century Cures Act

Recently, the transparency provisions of the 21st-Century Cures Act have raised several questions and concerns for health care providers. Although passed in 2016, the Cures Act did not become effective until April 5, 2021. The first attestation of compliance is April 5, 2022. Below, we explore some of the most commonly asked questions regarding the Cures Act.

For Whom Does the Cures Act Apply?

The three categories of “actors” defined by the Office of National Coordinator for Health Information Technology (ONC) include: health care providers, the Health Information Network or Health Information Exchange, and Health IT Developer of Certified Health IT.

What are the Cures Act Requirements?

The Cures Act generally allows patients/families/guardians (collectively referred to as “patient”) to access, exchange, or use electronic health information (EHI).

At what point in the episode of care must EHI be made available to the patient?

Clinical notes and laboratory results pending confirmation are examples of data points that may not be appropriate to disclose or exchange with the patient until finalization. However, if that data is used to make health care decisions about an individual, then it would fall within the “designated record set” and therefore within the definition of EHI. To the extent that a data point falls within the definition of EHI, practices likely to interfere with legally permissible access, exchange, or use of that EHI may implicate the information blocking definition.

What materials are required to be accessible?

There are eight mandatory categories of clinical notes that must be made available to the patient:

  • Consultation notes
  • Discharge summary notes
  • History and physical examination notes
  • Imaging narratives
  • Lab report narratives
  • Pathology report narratives
  • Procedure notes
  • Progress notes

It’s important to keep in mind that the level of detail required in disclosed notes has not been finalized. It is likely true that the above categories can be manipulated for safety. For example, rules require the disclosure of EHI. However, the name of the nurse who wrote the progress note is not EHI. The name of the provider must be disclosed, but disclosing the names of those who took the X-ray, drew the patient’s blood, or hung the IV line is not necessary to convey the essence of the information to the patient. In short, the record revealed to the patient should be concise, accurate, and factual.

What are “blocking” provisions, and what are information blocking practices?

Blocking provisions impede or preclude a patient’s access to their EHI. However, there are many valid reasons for blocking a patient’s access to EHI listed as exemptions to the access requirements. Information blocking practices considered blocking include:

  • Practices that restrict authorized access, exchange, or use under applicable state or federal law of information for treatment and other permitted purposes, including transitions among certified health information technologies (health IT)
  • Implementing health IT in nonstandard ways that are likely to substantially increase the complexity or burden of accessing, exchanging, or using EHI
  • Implementing health IT in ways that are likely to restrict access, exchange, or use of EHI with respect to exporting complete information sets or in transitioning between health IT systems; or lead to fraud, waste, abuse, or impede innovations and advancements in health information access, exchange, and use, including care delivery enabled by health IT

How is the Cures Act enforced?

Enforcement of the information blocking regulations depends upon the individual or entity that is the subject of an enforcement action or actor. For health IT developers and health information networks/HIEs, the HHS Office of the Inspector General is presently engaged in rulemaking to establish enforcement dates. Currently, for health care providers, HHS must engage in future rulemaking to establish appropriate disincentives as directed by the Cures Act.

After April 5, 2021, any actor’s agreements, arrangements, or contracts are subject to and may implicate the information blocking regulations. All health care providers should review their contracts and agreements for health care portals and electronic medical records to ensure compliance with the Cures Act. Because many health care providers are not also IT experts, each vendor who supplies software or products that may affect EHI handling should submit a statement affirming or certifying the product’s compliance with the Cures Act.

We are Conducting DocuSight™ Risk Assessments Now

OmniSure is helping healthcare and senior care organizations prevent and solve problems that would be caused by patients or representatives reviewing poorly documentation records. We are now conducting DocuSight™ Risk Assessments and clients are raving about how helpful they are. Email us now to find out if you or your clients qualify for this new and exciting offering. Spaces are limited.

Download OmniSure’s FAQ Sheet

To read more about other important stipulations to the 21st Century Cures Act, please download OmniSure’s 21st-Century Cures Act Sheet. If you are still unclear of these new laws, OmniSure is here to help. Do not hesitate to reach out or call 800.942.4140 for support when situations or questions about your professional practice arise.

Client Testimonial: Alan Hale, OmniSure Partner for 10+ Years

Alan Hale, Claims Committee Chair and founding member of Communities of Faith RRG, an Insurance Group, and the Executive Director of Manor Park (a retirement community), discussed how OmniSure has helped their business for more than 10 years. Because of the OmniSure partnership, the RRG was able to reduce claims activity and loss costs, they were able to measure and improve performance, and as a result their premiums came down at a time when industry premiums were increasing.

From carriers, to program managers, brokers, and policyholders, we are delighted to support our partners by managing risk to prevent losses, reduce loss costs, and improve healthcare. Watch the video below to learn more, and contact us today if your business could benefit from a partnership with OmniSure.

Helpline: Understanding the Risks of Patient Abandonment and How OmniSure Can Help Mitigate Risks

OmniSure continues to be a trusted partner to insurer and healthcare professionals for a myriad of reasons, but a distinguishable aspect is a 24/7 Helpline available to policyholders, brokers, and underwriters. If you are a clinician in crisis it’s extremely beneficial to have a live person answer an urgent call and connect you with an available risk and patient safety consultant. Read on to learn about one of the copious ways OmniSure’s Helpline supports in times of need, and what you can expect when you have any type of risk management predicament.

When to call OmniSure’s Helpline

OmniSure received a call from a nurse working the night shift in an acute care hospital under coronavirus pandemic conditions. Upon beginning her regularly scheduled work shift, she learned she had been exposed to two COVID-positive patients during her work shift 48 hours prior and that the policies and procedures for staff testing, quarantine, and masking had changed within the past 24 hours. Because she is immunocompromised, she felt she was in an unsafe work environment. As it happened, her manager was off duty and the manager on duty did not know about prior accommodations made for her health and well-being, and the Human Resources (HR) office was closed.

She began to feel panic and fear. Her self-preservation instincts were to leave work. However, her professional and ethical instincts led her to call OmniSure’s Helpline for guidance as she was most concerned about the risks of patient abandonment. As is often the case, having someone who is experienced but not emotionally involved in the situation to talk things through and develop a plan of action that is safe for the patient(s) and the clinician was just the support she needed.

Defining patient abandonment: What are your board’s regulations?

Many state boards of nursing address abandonment and provide guidance on what it is and what it is not. As a licensed and practicing clinician, it is your duty to know what your board regulations are, and to practice within these regulations. Allegations of patient abandonment against a nurse by an employer is an employment issue and not a professional liability issue or reportable to the Board. For example, abandonment is not a nurse failing to provide sufficient notice of termination, failure to return to work for an assigned shift, refusing to work in an unsafe or unethical environment, nor refusing to work mandatory overtime. These types of allegations are categorized as employment disputes.

Behaviors that have commonly been deemed as patient abandonment by state boards include: accepting a work assignment, establishing a nurse-patient relationship, and then leaving the unit or facility without notifying a qualified person, failure to perform assigned duties, or leaving without a proper hand-off or report to the oncoming shift. The key to determining what is and is not patient abandonment is commonly established by two criteria: did the nurse accept the assignment, and thus develop a nurse-patient relationship and, did the nurse end the relationship without appropriate notice to allow for the continued care and well-being of the patients?

How OmniSure Stepped In

In speaking with our early morning caller, we discussed what constitutes patient abandonment, the importance of notifying leadership on duty, completing medical record documentation, handing-off via a verbal report to another clinician, confirmed availability of sufficient and adequate personal protective equipment (PPE), and discussed what was necessary for her to feel safe and remain on duty to care for her assigned patients. We had two follow-up calls to provide support and answer further questions. We learned she had remained on shift and initiated discussions with her direct manager and HR to arrange a work environment that both protected her well-being and provided a safe work environment for the patients in her care.

We are Here to Help

This example of a Helpline call and the OmniSure response to support a healthcare professional to mitigate risk in real-time is the typical risk management support you can expect when you have a risk management question, or find yourself enmeshed in a situation that raises uncertainty. Do not hesitate to reach out or call 800.942.4140 for support when situations or questions about your professional practice arise.

An Exclusive Conversation with Carol Marshall on Reducing Risks, Providing Insight, and Authoring a Book

This holiday season, we are filled with gratitude for our wonderful team at OmniSure, who use their immense knowledge and expertise to ensure we provide the highest quality support to our clients. This month, we are highlighting Carol Marshall, MA, CCC-SLP (RET), QDDP, CALM. Not only is she a specialist in senior care, but she’s also worked with/in a variety of settings, among them: social services (adoption and foster agencies), school systems, developmentally disabled populations, and has even authored numerous articles and books. Fun fact: her most recent book was accepted into the Library of Congress.

We sat down for an interview to learn more about Carol’s role at OmniSure. In the spirit of her work and thanking those who care for the vulnerable, we have provided a free downloadable risk management for foster care article at the bottom of this article.

How did you start your career in the insurance industry?
Michelle Foster Earle started OmniSure by partnering with insurance industry leaders who wanted to reduce the risk of claims. Michelle and I had previously worked together as consultants with an organization which served long term care communities to help them comply with state and federal rules. It was an easy transition to place our compliance experience into the realm of risk management.

How long have you been with OmniSure?
18 years.

What does your job entail?
The best part of my job is working with facility-level managers. I meet with administrators and directors of nursing regarding systems that impact resident care, regulatory compliance, and relationships to fashion methods to reduce the risk of claims and lawsuits. I design training programs to foster customer service, implement quality improvement systems, examine new regulatory requirements, and create tools to set expectations for families and staff. I also author articles, books, create forms and in the past I have led sessions at various professional and industry conferences.

What inspires you the most about your work?
People. At the core of the best part of my job are the residents who need a living environment that makes sense, is safe and provides the best possible home-like setting. No one wants to live in a nursing home. I am inspired to make the elders’ living situation as best as possible by helping managers see the world through the eyes of the elders in their care. If I can help a manager take the day-to-day life of an elder in their care, and make it “just a little better,” then it has been a good day. By teaching managers to implement a few changes to impact the lives of the elders, and their loved ones, perhaps everyone will be a little better. The best compliment is when I hear, “That’s a great idea!”

What is your favorite part about working at OmniSure?
My managers and co-consultants are the best part of OmniSure. I have the freedom to be creative, search for new approaches, manage my own time, and communicate openly with my customers. And, I am not alone. There is a team of experts at my fingertips who are “the wind beneath my wings” and offer their expertise willingly and at a moments’ notice. OmniSure is built with experts from a variety of backgrounds, and all of them are experts in their field. I am humbled to be considered a member of such an illustrious team.

What’s the most unique part about working at OmniSure?
It is a unique company. What sets OmniSure apart from its competitors is the idea that we offer ongoing support and guidance for the duration of the facility’s insurance coverage. We do not simply identify areas to offer advice for improvement, and “move on.” We remain as a partner with the facility to address new issues as they arise throughout the coverage of the insurance policy. We have customers who have partnered with OmniSure for more than 10 years, who welcome our tools and resources. In this industry it is not unusual for managers to move from one facility to another. If one of our customers hires a new manager, that new manager is our customer for the duration of the insurance coverage. OmniSure is high-tech, and higher touch.

What is a fun or interesting fact about yourself that you wish people knew?
The Library of Congress contacted me and asked if they could include my latest book “SNF Risk Management Through Person-Centered Care” in the library. I am honored that someone in that organization likes what I have to say. So, that’s a fun fact: my most recent book was accepted into the Library of Congress.

Please share with us your biggest accomplishments at OmniSure.
Relationships with facility managers. Few people will rely on strangers when they are in a position to solve an issue, or ask for help when they feel like they need a life line. When my customers call and ask for a tool or help with a project, that is when I feel like I have accomplished my goal.

Please share anything else you wish to include about yourself or your role/time here at OmniSure.
My tenure with OmniSure has been the best part of my career.

Download OmniSure’s Foster Placement and Adoption Readiness Checklist and our Risk Mitigation for Foster and Adoption Agencies white paper today.

Mitigating the Risk and Rise of Violence in Healthcare Settings

Medical workers have been working endlessly throughout the COVID pandemic. Last month, we reported on the rising suicide rates among healthcare workers. Another epidemic facing these staff members is the rise of violent behaviors among clinic and hospital visitors. We explore the causes and implications of this surge of aggression in care settings below.

Staff Shortages in Clinics and Hospitals

According to a recent study, nearly one in five healthcare workers have quit their jobs. This can be attributed to several factors such as pay cuts, longer hours, and employee burnout. Whatever the reasons may be, an understaffed healthcare environment inevitably leads to aggression.

Longer wait times cause irritability. Whether someone is waiting to be seen or cannot see someone in a specific time frame, there tends to be backlash. In a healthcare setting, it is imperative to try to avoid this as much as possible. A solution to this can be strategic appointment setting or perhaps investing in online and mobile waiting rooms. If people can reserve a time slot and be notified when to come in, they do not have to wait to be seen.

Medical scheduling software can also reduce the cases of no-shows and create more time to get patients through the door at their convenience without crowded waiting areas. This helps both the patient and healthcare practice plan accordingly and avoid inpatient aggression or conflict.

Employee Conflict Management

Another negative implication of staff shortages involves internal aggression between healthcare workers. An environment of smaller, overworked staff members is a recipe for irritability and lack of patience among peers. This video by OmniSure discusses the importance of conflict management in a work setting.

Now more than ever, clinical settings must invest in mental health resources for their staff members so that they can do their job effectively and without conflict. In order to mitigate the risks of overworked and distracted staff members performance, investing in mental health resources mitigates the risk of malpractice. This is the sole responsibility of leadership in medical organizations.

Mitigating Harm During Extreme Instances of Violence

While we have explored some of the ways healthcare facilities can ease the tensions of a stressful atmosphere, the signs are not always clear when an extremely violent event unfolds. CEO of OmniSure Michelle Foster Earle explains, “…when preparing for aggressive acts, step one in an effective plan is prevention. A good place to start is with a security risk assessment by a qualified expert who will determine what the vulnerabilities are and make recommendations to reduce risk.” Now more than ever, this is absolutely necessary in clinical settings. Recommendations to mitigate violence will be specific to setting, staffing, and patient demographics but might include extensive training, panic buttons, metal detectors, security cameras, strategically placed mirrors, and prohibiting firearms.

Conclusion

The unfortunate reality of increased violence is something medical staff, patients, underwriters, and insurance carriers must keep in mind moving into the future. With awareness, proper education, and training, mitigating risk of violence is easier.

Giving Thanks to our OmniSure Team: Employee Spotlight

It is officially the season of giving thanks, and here at OmniSure, we are incredibly thankful for our dedicated team of experts. This month, we’re spotlighting our Executive Vice President, Laura Luck Martinez, BSN, RN, MS, ARM, CPHRM, FASHRM. We sat down for an interview and learned more about Martinez’s duties and what makes her work ethic an integral part of OmniSure’s success.

Please let us know how many years you have been with OmniSure.
My 4-year anniversary with OmniSure will be January 1, 2022.

How did you start your career in the insurance industry?
I was a Director of Nurses at a Physical Rehabilitation Hospital and collaborated with insurance Case Managers for discharge planning. One of those insurance companies recruited me, and so began my introduction to the field of worker’s compensation case management and insurance. I held progressive leadership roles as a case manager for fifteen years before transitioning to professional liability/medical malpractice as a healthcare risk consultant.

What does your job entail?
I am accountable for all of the risk and client services OmniSure provides, which includes:

  • Recruiting and maintaining a robust panel of expert risk consultants
  • Ensuring quality and delivery of all risk consulting services and resources
  • Serving as the designated risk consultant or liaison for assigned insurance partners
  • Managing and servicing the Helpline
  • Supporting our sales and marketing efforts

What inspires you the most about your work?
The opportunity to impact patient safety one professional, one facility or one department at a time.

What is your favorite part about working at OmniSure?
The people, beginning with the OmniSure team, our consultants, insurance partners, brokers, agents and policyholders. Each interaction is the opportunity to be of service and support and to make a difference in the success of their day.

What’s the most unique part about working at OmniSure?
The broad scope of the medical professionals and medical settings we support on a daily basis.

What is a fun or interesting fact about yourself that you wish people knew?
Most commonly, people know me to joke about my Texas big hair and wear black suits. They might be surprised to learn I have participated in mud runs.

Please share with us your biggest accomplishments at OmniSure.
First, maintaining and growing OmniSure’s reputation for exceptional consultants, customized services, and customer service. Second, supporting and encouraging our team’s commitment to continual improvement and developing innovative resources and services to meet the ever-changing healthcare environment and our insurance partner’s needs.

Please share more about OmniSure’s unique Helpline feature for those who do not know what it entails.
The OmniSure Helpline is unique in that we interact with such a broad range of healthcare providers, clinical settings, and healthcare organizations. Individual practitioners and their support staff in multiple settings such as ambulatory care, pharmacies, dental practices, and more call us to proactively manage high-risk situations. We research new risk exposures, address policy support, incident management, and patient safety strategies.

Some complex interactions are the calls from clinicians initiating a new service or business model or dealing with a unique situation and are unsure about the potential risk exposures and don’t know whom to talk to to get answers or resources to get the answers they are seeking.

Generally, the most complex type of consultation is when the clinician is dealing with an unanticipated outcome, a near miss, a dissatisfied patient or family, or the need to dismiss a patient from their practice. The complex interactions require taking time to listen to the whole story, considering the risk ramifications, and then discussing the risks and options for managing those. However, it does not end there; coaching the caller to a comfort level that allows them to move forward with confidence and understanding the risk strategies are key to managing the situation. People have often heard me say I use my Master’s Degree in Counseling more than my risk management and nursing skills for many interactions. Helping the policyholders process their concerns and feelings makes a huge difference in their success.

Can Doctors Provide Telehealth Across State Lines?

The COVID pandemic inevitably highlighted the ways in which we define the doctor-patient relationship, and what healthcare looks like. Physicians had to remain connected with their patients in new ways, and thanks to state and federal governments rewriting telehealth regulations, patients were able to access providers from the comfort of their homes.

While there are a plethora of benefits telehealth creates in a post-pandemic world, some states are rolling back regulations around telehealth licensing and requirements. We have received many calls related to whether or not a provider is allowed to offer services beyond state lines. Unfortunately, due to federal and state laws, there is not a “yes” or “no” answer or as OmniSure’s Laura Luck Martinez BSN, RN, MS, ARM, CPHRM, FASHRM puts it, “there is no one-size-fits-all solution. The one consistent thing we can say is that the pandemic changed things significantly.” We explore the implications of this below.

Each State is Different

As of summer 2021, states are rolling back many telehealth pandemic workarounds. Because these laws were issued under state emergency declarations, they were never meant to be permanent. This means that updated legislation should be communicated to patients. An article published in the Atlanta Journal Constitution (9/7/21) explains how Johns Hopkins Medicine in Baltimore, “recently scrambled to notify more than 1,000 Virginia patients that their telehealth appointments were ‘no longer feasible,’ said Dr. Brian Hasselfeld, medical director of digital health and telemedicine.” Virginia’s emergency order has been rolled back. Although the demand for telehealth service is still high, the state by state licensing requirements complicate physician’s abilities to provide care beyond state borders.

Martinez also explains how she often gets calls because patients who were seeing their provider have since moved and are still wanting the same doctor. It’s important to note that the law does not change during these circumstances. If you are not in the state and they have rolled back their telehealth legislations, you cannot continue the same patient/provider relationship.

State licensing basics

State medical boards oversee a myriad of moving parts to ensure patient safety and provider credibility. While these systems are in place for great reasons, they vary by state. It must be considered that additional licenses in out-of-state territories require application fees and adhering to certain continuing education programs.

Another factor with state medical boards rolling back regulations has financial implications as well. Part of a state’s revenue comes from licensing, and these are not minor fees. Kaiser Health News notes that “different state requirements make it cumbersome and expensive for doctors, nurses and other clinicians to get licenses in multiple states….” Therefore, while the convenience of telehealth for patients is accessible, the out of state licensing is not financially accessible for providers.

Telehealth makes more options available

The benefits of telehealth and telemedicine are very clear. For many, going to a doctor’s appointment is not easy. People have transportation issues, disabilities, or perhaps live in rural areas or challenging to access settings, and these are huge considerations for lawmakers in telehealth legislation.

According to the American Medical Association, “telehealth use by physicians jumped from 25 percent in 2018 to almost 80 percent in 2020, while almost 85 percent of psychiatrists connected with the patients via video visit or telephone during the height of the pandemic.” There is no debate on the growing use of telehealth, and it’s benefits for patients and providers alike.

Current outlook

The value of telehealth and telemedicine expands the breadth of healthcare access. Lawmakers are hard at work trying to make healthcare more accessible for Americans. This past June, The Protecting Telehealth Access Act was introduced in the Senate in order to expand telehealth access and advocate for this coverage beyond the COVID-19 pandemic.

US Rep David B. McKinley (R-WV) who helped introduce the bill explained in a press release how “the pandemic has proven the value of telehealth… particularly in rural areas, where access to care is a challenge, telehealth has provided a much-needed lifeline and improved care for millions of Americans. We need to take the lessons learned over the past year and a half and ensure we provide flexibility to meet the needs of patients and health care providers.”

As of the time of this publication, we expect much of the legislation will pass, making telehealth and telemedicine accessible for all Americans. In the meantime, the landscape remains difficult to navigate, but you and your insured partners don’t need to go it alone. OmniSure specialists are available to provide guidance and advice for your specific situation when it comes to telehealth. Speak to an expert to get started.

5 Risks for Physical Therapists to Be Aware Of

This October, we celebrate National Physical Therapy Month, an annual opportunity to raise awareness around the importance and impact of physical therapy. As of 2021, there are 484,540 people employed in the Physical Therapists industry in the United States alone. Here’s what PT facilities need to do in order to ensure the success of their clients’ recoveries, while also mitigating the risk of potential lawsuits.

It is well known in the world of physical therapy that improperly treating a patient is the biggest, and likely the most obvious risk. Of course it is highly unlikely that malpractice is intentional, but it carries unimaginable consequences. Beyond the seemingly obvious risk of improper treatment, there are quite a few overlooked risks to consider.

1. Financial incentives can lead to overtreatment.

According to marketresearch.com, there are currently 38,800 clinics in America providing physical therapy, occupational therapy, speech therapy and audiology and no standardized method of compensation in the field which can lead to care related issues when compensation is based on patient time. OmniSure’s Carol Marshall explains how “often…physical therapists want to work a full 8 hours today, so they end up treating people they really shouldn’t. There are 7 hours of treatment they can bill to Medicare, but they receive an 8 hour a day paycheck.”

This can be particularly concerning in facilities that provide bonuses to therapists based on productivity. Unfortunately, this is a common practice in physical therapy facilities and it leads to incorrectly reporting time. It is easy for a problem to go unnoticed due to a therapist’s schedule being packed full. Individualized attention to detail must always be managed over possible financial incentives within clinics.

2. Shortage of therapists can lead to billing errors.

Marshall explains how OmniSure repeatedly sees a shortage of therapists across all settings. “Often we find that a PT is working at an acute care hospital and they have 12 or so people to see in 8 hours. Each patient would have one hour of treatment ordered.” The possible result? Patient care gets shortened. This is an extremely tough predicament, because in some cases there are simply not enough therapists to give patients the time prescribed by their doctors. Beyond the disadvantages this creates for a patient, a shortage of time can lead to accusations of payor fraud. Patient health plans might get billed an entire hour, though they were only seen for a 45 minute session (or less).

3. The lack of clear and thorough instructions for the Patient Home Regimen can put recovery at risk.

Physical Therapists must provide clear and thorough instructions to their patients. If a patient doesn’t adhere to the treatment plan established by the therapist and approved by the physician, this puts their recovery at risk. According to physical therapist Jenni Ribbens, “…attending physical therapy 2-3 times a week but failing to do exercises at home is a common reason patients do not achieve the results they hoped for.” This prolongs the healing process and does not help the patient nor therapist achieve their goals. Along with clear instructions regarding the exercises themselves, there must be instructions administered or communicated to the participant.

Accountability and trust are key components in the relationship between physical therapists and participants. Even if the patient is adhering to the exercises but not performing them as often as prescribed, they are not adhering to the treatment plan. This is easily avoided if the instructions provided are clear and thorough.

4. Physical Therapy Assistants practicing outside their scope of practice can put patients at risk.

Many physical therapy clinics have assistants who are in the residency phase of their programs. While these assistants are there to shadow a therapist, there are times when they’re given a task or assignment they’re under qualified to administer, and they do it regardless. Carol Marshall explains how this happens because “perhaps the student doesn’t want to look like they don’t know what they’re doing, so they go ahead with what they think is right.”

This is particularly dangerous in a care setting, because this could lead to further injury. A patient needs to know who’s treating them, and additionally, their therapist must have the skills in order to do so. Certified physical therapists need to practice certain protocols to ensure they are not leaving a patient unattended. Routine training and/or assessments are sometimes delegated to mitigate the risk of malpractice with PT assistants.

5. Equipment and devices used improperly or poorly maintained can result in harm.

The luxury of technology in a physical therapy setting has revolutionized the way therapists can take care of their patients. While there are a myriad of benefits that come from medical gear, this equipment also requires close attention. Like a medical device in any setting, employees must establish a routine maintenance check on all gear.

OmniSure’s Carol Marshall explains this using equipment with electronic stimulation as an example of a risk: “how often are those machines calibrated is a risk… if you have a shortage in that piece of equipment or voltage hasn’t been regulated or gone through regular maintenance this can result in malfunction.” Another example of this are hot packs, which could potentially harm anyone with a skin condition or an elderly patient on certain medications. It is essential that every physical therapist knows exactly what and how the tools they are using work, and the potential risks involved in using them.

Conclusion

Closely adhering to a patient safety, risk reduction and harm prevention strategy is vital for any PT clinic. There is always a potential for injury if employees are not paying close attention to detail. Clear communication between the providers and patients is always the greatest way to ensure positive outcomes throughout the recovery process. If you are looking for patient safety or risk mitigation advice, OmniSure is here to provide you with the insight you need. Contact us today.