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State-By-State Assisted Living Guide for Pandemic Control Regulations

Skilled Nursing Facilities’ regulatory compliance, demographic data, and even COVID infections are tracked by The Centers for Medicare & Medicaid Services and underwriters have access to this public data in one place. However, no such database exists for Assisted Living facilities. To fill that gap, OmniSure created a state-by-state guide.

This state-by-state guide will help underwriters select better risks, track COVID reporting requirements, visitation guidelines, and learn how immunities, if passed, might apply. 

Get FREE access to OmniSure’s state-by-state resources on all three measures:

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Ask OmniSure: Underwriting Based on State Vaccination Programs

Ask OmniSure is a series that answers real risk and safety questions from policyholders and insurers all over the country. 

Question: Should underwriters consider state vaccination programs in their underwriting for skilled nursing facilities?

Across the US we’re seeing a dramatic drop in COVID-19 cases due to the distribution of the COVID-19 vaccines. Whether healthcare providers are leaving the vaccination decision up to individuals or they are implementing special programs to encourage staff to get vaccinated, the rollout plan of each state and municipality greatly impacts the level of risk for facilities. This is especially important in skilled nursing facilities where some of the highest-risk members of society reside.

This underwriter asks, should location and state vaccination programs play a part in the writing and reviewing of professional liability policies for skilled nursing facilities? To answer this question, we need to look at the effectiveness of these programs and how they impact patient health.

OmniSure specialists took a deep dive into the impact of vaccination rollout on COVID-19 cases in skilled nursing facilities. As of late February 2021, in 2/3rds of US states case numbers were on the decline. States with both national and local vaccine rollout support are experiencing the greatest decline in infections. In care facilities, this translates to a sharp decline in resident deaths in states that have the best rollout plans. 

To learn more about COVID-19 trends across the United States, read the full report here

Keeping this data in mind, it’s clear that vaccine programs can play an important role in the level of risk at the time of the underwriting process. Underwriters should pay attention to the location of their policyholders and decide whether to apply accompanying knowledge about pandemic preparedness and response in the area to their selection and pricing strategy. 

Addiction Treatment Risks

With mental health concerns and substance use on the rise, it is no surprise that OmniSure’s insurance partners are becoming more inquisitive about the risks associated with mental and behavioral health, most specifically Addiction Treatment.  Here is how OmniSure’s AVP of Risk Services has answered some of the underwriters’ questions. 

One of the most significant and frequent risk management and safety issues in addiction treatment facilities is associated with detox. Clients usually arrive and go through detox before beginning the center’s recovery program. This is a vulnerable time for clients, as they often suffer some level of withdrawal in the detoxification process. Their physical health is often compromised as well. Risk issues to screen for include:

  • Inadequate assessment for types and amounts of substances used
  • Inadequate monitoring and treatment for coexisting medical problems, such as Diabetes, Heart Disease, and Liver Disease
  • Inadequate staff training
  • Complications of detox, such as severe withdrawal and seizures
  • Dual Diagnoses
  • Infection Control; and
  • Slips and Falls

Adequate assessment for amounts, types, and length of time the client has been abusing drugs and alcohol is important. Many facilities include comprehensive drug and alcohol testing as a key part of the assessment process. In addition, the assessment process should involve a physical exam to identify injuries, abscesses, and baseline vital signs. Equally important to the assessment process is the identification of psychiatric and medical conditions and medications prescribed.

Once identified, additional conditions must be documented and monitored. Rapid response to worsening conditions is critical. There is often a delay in detox, due to staff inattention and failure to monitor. Common medical problems in the detox period include abscesses, cellulitis, seizures and uncontrolled medical conditions. Severe withdrawal can also occur. While most clients go through withdrawal with minimal complications, for some withdrawal can be deadly.

Occasionally, there is inadequate staff orientation and ongoing training in treatment facilities leading to delays in recognizing and responding to a new or worsening condition related to their physical or psychiatric issues. It is easy for staff to become complacent in an addiction treatment center, as many clients don’t suffer serious detox or other complications.

Infection control is important in detox as well. During a recent risk assessment a nurse was observed carrying a urine specimen in her ungloved hand which she then placed directly on the desk in the nurses’ station. As in all healthcare facilities, handwashing is vital to infection control. Proper PPE must be used when handling all blood and body fluids. Clients with open wounds should have them regularly cleaned and dressed. 

Slips and falls are not uncommon in detox. General client debilitation and compromise can lead to falls. We recommend that as part of the comprehensive assessment, a fall risk be completed.

In today’s pandemic environment it is of even greater importance to make sure good things are offered for the mental health of both clients and staff, for example, self-care options, meditation and mindfulness exercises, journaling, more time outside, gardening, art, gym equipment, exercise programs. And, most importantly, having well developed policies and procedures for prioritizing transparency and communication with clients, staff, the community, and families about how the facility is managing COVID-19 are key reduction strategies. 

With the additional layer of complexity as it relates to COVID-19, Underwriters might want to ask some questions: 

  • Does the facility require documentation from a doctor before the admission? If so, do they stress that a telehealth examination is sufficient so as not to overwhelm hospitals, emergency rooms, and urgent care clinics? 
  • Is there a protocol for quarantine? 
  • Does the facility have a Crisis Response Team and a plan for worst case scenarios? 
  • How are they using online services such as Zoom for inpatient, outpatient and discharging clients?
  • Are they assisting clients with group meetings online and relapse prevention resources? 

Resources for additional information:

naatp.org   National Association of Addiction Treatment Providers 

naadac.org   National Association for Alcoholism and Drug Abuse Counselors

thenationalcouncil.org   National Council for Behavioral Health

samhsa.gov   Substance Abuse and Mental Health Services Administration

cdc.gov   Center for Disease Control

5 Reasons Insurers Need OmniSure

Successful insurers attract, bind, and retain the right business at the right price with the combined ratio they desire. OmniSure can assist in all these areas with our invaluable resources and many years of industry expertise resulting in a more profitable book of business for you. Here are the top five reasons you need OmniSure:

1. Attract Better Risks

You want to attract quality providers and operators to your insurance program. Quality providers of healthcare and human services are less likely to have losses because they are eager to reduce risk and improve outcomes, and they expect their insurance partner to provide the supportive services needed to help them achieve their risk management goals.  OmniSure provides training, resources, on-demand advice from experts, and comprehensive assessments to help your policyholders avoid, reduce, and better manage the risk of claims.  

2. Select and Write the Best Risks

Our technical expertise and dedicated specialists help you craft better policies by more deeply understanding and staying up to date on the latest trends, regulatory changes, and service offerings in healthcare and human services. Whether it’s deep insights on emerging risks, training related to a specific business niche, or prebind risk consults on potential new business, our specialty-specific clinical knowledge is your key to selecting, underwriting and properly pricing the best risks. 

3. Maintain Better Relationships

We go beyond the initial risk assessment and recommendations to help you stay profitable.  OmniSure produces co-branded educational materials and stays engaged with your policyholders on your behalf, equipping them with a library of tools, training videos, and the ongoing support they need to avoid losses and improve outcomes, at no additional expense. Policyholder engagement not only reduces losses, it builds relationships and drives retention. 

4. Reduce Risk and Control Losses

Risk assessments provide a snapshot widescale look at your policyholders’ operations but it’s what happens during the policy period that determines the outcome. Because OmniSure stays engaged with your policyholders throughout the policy period, we help identify and address issues in real time, as they arise. Policyholders get monthly risk tips are continuously encouraged to take advantage of our confidential helpline for advice-on-demand, which is answered live 24/7. And they do! OmniSure’s deep bench and nationwide network of diverse specialists mean your policyholders get personalized pre-claim loss prevention advice from consultants who speak their language because they’ve worked directly with their unique profession or business. 

5. Retain and Refine the Risks You Want 

Long term success in this business is the result of valuable relationships built on mutual trust and exceptional service. You want to know that your policyholders are doing what you expect of them and they want to know you are there when they need you most. We are key to building that relationship; a trusted set of outside eyes and an advisor for you when it comes whether and at what terms to renew; and a caring professional for the policyholder with the advice they need when they need it. Many policyholders are happy to renew, even if it means paying higher rates than they could get elsewhere, because of the service they’ve received from their carrier by way of OmniSure. 

BONUS:  Better care. Saving lives. 

If you are in the business of insuring healthcare and human service organizations, and you provide your policyholders with OmniSure’s services, you are extending more than professional liability policies. Your offering extends the benefit of better care and saving lives. Policyholders tell us regularly that our risk assessments and recommendations, advice-on-demand, and proactive risk and safety resources have saved their patients’ lives and in some cases their very careers. 

If you’re interested in learning more about partnering with OmniSure to build a successful book of business, prevent losses and improve care, get in touch with one of our experts today.

Advice for Healthcare Professionals After an Adverse Event

Caregivers are often emotionally vulnerable after an unanticipated or adverse outcome. They may experience fear, guilt, frustration, defensiveness, and general distress. This can cause them to do things that are inconsistent with their standard protocols. It’s important to remember that negative outcomes happen in patient care and it’s rarely because of any intention on the part of the healthcare provider.

In the event of an adverse outcome, keep this advice top of mind to avoid further harm to you, your patient, or your organization:

  1. Avoid doing anything that is not in line with your standard protocols, such as completing extra written statements or summaries of the patient’s care, handling the medical record differently, or rewriting anything. Discuss all of these with your risk manager first. In other words, do not alter, add, or delete anything in the clinical record or business files.
  2. Create a separate incident file for quality assurance, litigation, or claim correspondence.
  3. When processing a medical record request, send copies only. Make sure that the copy you send is clear and legible. You should never release original documents from the patient chart.
  4. If you are contacted by the media, outside attorneys, physicians, or other providers, contact your Risk Management Helpline or insurance company designee before responding.

Once an event becomes a claim or a lawsuit, it’s predominantly the responsibility of your insurance company’s risk manager, claims specialist, or the appointed attorney to manage and lead the process. Lean on them and feel free to ask as many questions as you need to along the way.

Finally, if you are asked to provide testimony, be sure to think through each of the critical issues. We also recommend practicing verbalizing your position on each of those critical issues. Be prepared to handle criticism and respond to argumentative questions. By preparing for these high-pressure scenarios, you are better equipped to present yourself calmly and professionally.

While no healthcare provider expects that they will find themselves in this situation, staying informed and calm is the best way to protect all parties involved. Have questions or need help making a plan? OmniSure experts are available for On-Demand advice. Contact us to learn how you can gain access to on-demand support and a library of helpful resources.

Malpractice Claims are on the Rise in Home Health, Making Risk Management a Top Priority

In 2015, the CDC reported that 4.5 million people received home health care, and experts argue that this number has only risen in recent years. The rise in the frequency of hospital-at-home models, compounded by the COVID-19 pandemic, has contributed to dramatic growth in the sector. While home health is widely considered to be a great alternative to hospitals and nursing facilities, one overlooked area is that the industry is struggling to keep pace with demand, seeing a steady increase in liability claims since 2011.

Home health made up more than 20% of total closed claims against nurses in 2020, while professional liability for nurses in other areas of aging services only accounted for 11.2% of claims in 2020. 

There are a variety of factors that can cause home health care workers to be at higher risk for liability claims, including lacking institutional support from hospitals, skilled nursing facilities, and other health care organizations. However, the main cause is more likely the rapid shift towards home health, including hospital-at-home programs, skilled nursing facilities (SNF) at-home models, in-home cancer care initiatives, and specialized at-home offerings. As the demand for home care rockets, workers are struggling to keep up and potential risks increase.

In addition to demand for care, the type of workers that take on home health positions also plays an important role. The majority of care in the home is delivered by unlicensed assistive personnel and certified nursing assistants (CNAs), placing more responsibility on home-based nurses for overall patient care. 

Demand for workers in the field is expected to increase by 41% by 2026, which will outpace job growth, only expected to increase by 18%. The industry has been challenged by difficulties in hiring and training, and there has been some concern that recent immigration legislation could lead to additional staffing shortages, as a significant number of workers are traditionally foreign-born. 

The current situation facing home health workers makes risk management a priority for the industry. A combination of focused hiring and training procedures and close relationships with risk management consultants, like OmniSure, are key for home health care agencies now and in the future. 

As an expert in the field, OmniSure recommends maintaining regular oversight practices to monitor activities of in-home care staff along with making sure that nurses stay on top of documentation and communicate regularly with physicians involved in patient care. It’s also important that home health workers and nurses stay within their own scope of practice. Through efforts from workers, nurses, their agencies, and their risk management partners like OmniSure, the industry can stay on top of this rise in malpractice claims and continue to be seen as a key player in the field. 

OmniSure is ready to support your team–see how we can help here.

Watch our home health video for more tips:

Oxygen Safety Therapy

OmniSure goes over oxygen therapy safety tips providing the best home health care. With simple lists for Don’ts and the Do’s of using oxygen therapy, you can provide better care and ensure the safety of patients, friends and families, and employees.

Primary Care Conversations about Breast Cancer

Breast cancer is one of the most common cancers among American women, second only to certain types of skin cancer. Although primary care providers do not diagnose breast cancer or treat it, they are involved in several stages, the first being a trusted resource for their patient.

PCPs are often the first line of defense when it comes to detecting breast cancer. Commonly, a PCP may be who a patient goes to first if they feel a lump in their breast and are usually involved in routine screenings. It is important that providers recommend routine mammograms or other breast cancer screenings in order to avoid missing a diagnosis.

However, in many cases the primary care physician’s work is not done after screening. If diagnosed by an Oncologist with breast cancer, many women choose to go to their primary care providers (PCP) seeking more personal support through the process. The role of the PCPs in the breast cancer treatment conversation is a relatively unexpected one for many members of the medical field, as that role generally falls to an oncologist or specialist. However because of a likely longer and more personal relationship with a patient, many PCPs find themselves involved in conversations around treatment.

In a recent study, 1 in 3 primary care providers reported discussing breast cancer treatment options with their patients who are newly-diagnosed with early stage breast cancer. Many PCPs report feeling uncomfortable or that they do not have the necessary knowledge to help patients make treatment decisions. It is important for PCPs to remember that although they do serve as an important part of their patient’s support network, they are not responsible for guiding the patient’s cancer treatment choices.

Dr. J. Leonard Lichtenfeld, MD, MACP, interim chief medical and scientific officer at the American Cancer Society in Atlanta, Georgia reminds PCPs that they don’t need to be experts to be an excellent physician for their patients, and frequently a close relationship with a patient can be beneficial. He adds that even just listening and advocating for the patient can play an important role in ensuring a patient feels supported and confident in their treatment plan. 

Consider the points made about Informed Consent in the video below. 

Overall, a primary care practitioner’s duty in the event of a breast cancer diagnosis is one of support, comfort, and advocacy. In a troubling time, patients often trust the physician that has known them the longest. It’s important to be present for patients while leaning on the expertise of a team of specialists to ensure that your patient receives the best care possible. Whenever questions about risk and patient safety arise, you have OmniSure for advice on-demand in tough situations.

Considerations When Selecting an Insurance Policy

OmniSure’s President discusses three areas to look at when selecting an insurance policy.

Sex and Seniors

OmniSure’s Michelle Foster Earle discusses the topic of sex and seniors in human or social services.