August 22, 2016 | | Comments 0
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Devilish details and the whirling dervishes of compliance

In the absence of any new content on The Joint Commission’s Physical Environment Portal (the PEP ain’t none too peppy of late), I guess we’re going to have to return to our old standby for the latest and greatest coming out of Chicago: Perspectives! The August Perspectives has a fair amount of content pertinent to our little circle, so it probably makes too much sense to cover those key items and announcements.

The front page headline (as it should be) relates the ongoing tale of the dearly departing PFI process (which, I suppose, kind of makes this something of an obituary). Effective August 1, 2016, open PFI items will no longer be reviewed by the survey team nor will they be included in the Final Report generated by the survey. All Life Safety chapter deficiencies will become Requirements for Improvement (RFI) with a 60-day submittal window for your Evidence of Standards Compliance (and remember, one of the other TJC practices that departed this year was the “C” performance elements, so all of those pesky Opportunities for Improvement (OFI) at the end of your past survey reports will now become RFIs). Also, only equivalency requests related to survey events will be reviewed. More on that part of the big picture in a moment.

Also in the August Perspectives comes the official print announcement that the requirements of the 2012 Life Safety Code® will not be surveyed until November 1, 2016 (which should make for a very interesting few months in survey land for those of you moving towards the “closing” of your survey window), giving everyone on the regulatory compliance team a chance to complete the online education program, and give CMS time to update the survey forms and K-Tags. Apparently, the self-directed education program takes about 20 hours to complete (you can see the entire CMS memorandum here). The education program includes a pre- and post-test, and requires a passing score of 85%. I’m kind of curious about the format (I’m thinking perhaps the classic multiple choice format) and even more curious about whether they would ever make such a thing available to safety and facilities professionals. Presumably this means that whoever comes to your door on Tuesday, November 1 to survey your building will have passed the test. Would it be rude to ask them how they fared?

Next we turn to the “Clarifications and Expectations” column which, for all intents and purposes, is something of a recap of the PFI stuff, with the additional indication that TJC will no longer offer extensions and the automatic six-month grace period is no longer available. Ostensibly, this means that those of you with open PFIs had probably better start cleaning things up. I’m still waiting to see something (anything?) on the subject of the inaccessible fire and smoke dampers; I think I’ve mentioned previously of instances in which CMS has forced the issue of correcting the dampers, but I can’t help but think that that could be a very big pain in the posterior for some folks. I’d like to think that if these were simple to fix, they would already have been corrected (we wouldn’t take advantage of the process, would we?) so this could create a fairly burdensome situation for folks.

For those archivists among you, there is some interesting background on the 60-day time limit. Section §488.28(d) of the Code of Federal Regulations states: “Ordinarily a provider or supplier is expected to take the steps needed to achieve compliance within 60 days of being notified of the deficiencies, but the State survey agency may recommend that additional time be granted by the Secretary in individual situations, if in its judgment, it is not reasonable to expect compliance within 60 days, for example, a facility must obtain the approval of its governing body, or engage in competitive bidding.” Now that does provide a little sense of what will “fly” if one is forced to ask for a time-limited waiver (TLW—another acronym for the alphabet soup of compliance), but it’s tough to say whether any flexibility extends beyond those elements (who would ever have thought that competitive bidding might be helpful!).

Anyway, one thing relating to the SOC/PFI maelstrom (at least tangentially—and not mentioned in the August Perspectives) is the question of whether or not the presentation of the categorical waivers at the beginning of the survey process is still required. Certainly, the effective adoption date of the 2012 LSC (July 5, 2016) might potentially be the tipping point for informing the survey team of any categorical waivers your organization might have adopted, but I think the most appropriate cutoff date (if you will) for this practice would be on November 1, 2016 when CMS (and its minions) are charged with surveying to the requirements of the 2012 LSC. My overarching thought in this regard is that presenting the waivers to the survey team at the start of the survey certainly doesn’t hurt you and since the 2000 edition of the LSC is still the primary survey reference, it seems most appropriate to continue highlighting the waivers for the time being.

Back to Perspectives: One final EC-related item, for those of you with memory care units, there is specific coverage of the expectations under EC.02.06.01 relative to patient stimulation (or overstimulation), outdoor spaces for patients and residents with dementia, and other environmental elements. While these requirements apply to the Memory Care Certification chapter of the Nursing Care Center manual, again, if you happen to have a memory care unit within your span of control, you might find these expectations/performance elements useful in managing the environment. Even when not required, sometimes there are elements worth considering. After all, improving the patient experience as a function of the physical environment is one of our most important charges.

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Filed Under: CMSEnvironment of careLife Safety CodeThe Joint Commission

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Steve MacArthur About the Author: Steve MacArthur is a safety consultant with The Greeley Company in Danvers, Mass. He brings more than 30 years of healthcare management and consulting experience to his work with hospitals, physician offices, and ambulatory care facilities across the country. He is the author of HCPro's Hospital Safety Director's Handbook and is contributing editor for Briefings on Hospital Safety. Contact Steve at stevemacsafetyspace@gmail.com.

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