Spring Summer 2018

The Oregon Caregiver Spring/Summer 2018 www.ohca.com 18 LEGAL & REGULATORY F ollowing last year’s 2017 Oregon Legislative Session, OHCA and other stakeholders have been involved in rulemaking related to the implementation of laws passed during the session. Some of these rules have just recently been finalized and this article will highlight the most significant new regulations for OHCA members. Long Term Care Regulatory Reform and Quality ( HB 3359 ) HB 3359 is a big bill directing changes in a number of areas core to the daily oper- ations of nursing facilities and residential care facilities/assisted living facilities. The bill includes changes to the DHS enforcement process, dementia- focused training requirements, develop- ment of a staffing acuity tool, enhanced oversight programs, and quality metric reporting—all of which are intended to encourage progressive and rational responses to incidents and promote col- laboration between providers and DHS to drive quality. Here is what is coming up regarding implementation of this bill: January 1, 2018: • Increased license fees went into effect. • Revised penalties, based on scope and severity, went into effect as did increased possible penalty amounts. The new penalty structure applies only to violations occurring on or after January 1, 2018. • A penalty for not more than $1,000 for failure to self-report abuse. • New DHS obligations related to imposition of conditions on license for residential care/assisted living for both nursing facilities and residential care/assisted living facilities: • Conditions must be imposed in a scope and manner designed to address the problem and the order imposing the condition must include specificity regarding what the provider must do to come into compliance. • The new law includes required timeframes for DHS response. • A restriction on admission may only be imposed upon a finding of immediate jeopardy to existing and future residents. • Opportunity for reduction in certain penalties. • The requirement for DHS to develop and make available a staffing acuity tool to assist with determining appropriate staffing is in effect, but the department continues to work to develop the tool. July 1, 2018: • Residential care facilities/assisted living facilities must package prescription drugs dispensed in the facility in unit dose packaging or a similar system intended to promote medication safety, and these facility types must have policies for maintaining prescription drug safety when unit dose packaging is not possible. • Does not include over the counter medications December 31, 2018: • All ALF/RCF direct caregivers must complete the pre-service education. January 1, 2019: • All new direct care staff must receive pre-service training prior to working with residents. All direct care staff must receive 6 hours of continuing education on dementia related topics. January 1, 2020: • Begin reporting quality metrics for all or a portion of 2019. Key Takeaways HB 3359 imposes significant new require- ments on DHS related to imposition of conditions on licensure on residential care/assisted living facilities that are intended to assist facilities to take the right steps to correct problems and to encourage the department to reinspect in a timely way. These requirements are new for everyone; if you are faced with a con- dition, be sure to closely monitor whether these requirements are met. The dementia training required in the bill must be approved by an organiza- tion approved by DHS. OHCA is seeking this status and anticipates being able to perform this function by late spring. Linda Kirschbaum at OHCA is a great resource on this issue. We have always self-reported abuse as required by law but now there is a fine for failure to do so. Make sure staff under- stand what qualifies as reportable abuse. DHS is preparing a guide that we hope will be a useful resource. Contact Gwen Dayton, JD, at OHCA with questions regarding HB 3359 rules and requirements. Regulatory Update By Gwen Dayton, J.D., Oregon Health Care Association