Once a positive case has manifested in your building, your secondary risk significantly increases, e.g., lawsuits, workforce claims, and survey review / citations. In addition to addressing the immediate care and safety needs of your residents and staff, you should also begin preparing for future scrutiny.
One factor that is very likely to be considered by persons or entities scrutinizing your actions will be whether your facility abided by available guidance at the time from oversight agencies.
CMS created the “COVID-19 Focused Survey for Nursing Homes” to assist surveyors with investigating compliance with F880, F884 and F885, and to determine whether “the facility is implementing proper infection prevention and control practices to prevent the development and transmission of COVID-19 and other communicable diseases and infections.”
We suggest using this tool to conduct a self-assessment through either your QA/CQI process, or under legal privilege, to determine both your survey readiness on infection control – but also to assess your adherence to potential best practices in anticipation of future litigation.
The material provided on this page is intended to be informational only and is not intended to be nor is it legal advice. EVOLVE Legal Solutions LLC (EVOLVE) disclaims any and all liability related to or arising from the information contained in this publication. This information is provided “as is” without any express or implied warranty. EVOLVE makes no guarantee that this material will meet your requirements or be of use to you for any specific purpose or application. To the extent this material references any laws or guidance, those references are federal only, and users should consult with their legal counsel regarding any additional and/or conflicting state laws.
To prepare for survey scrutiny and lawsuits, SNFs should complete both of the recently published CMS & CDC self-assessments...
Self-assess your SNF's infection prevention practices to improve preparedness to respond to COVID-19...