AHCA: Professional Liability Resources and Tools

Nancy Leveille in Clinical & Quality

NYSHFA received the below notice from AHCA regarding Professional Liability Resources and Tools.  The Work Group plans to complete and distribute a comprehensive toolkit by the end of 2015. However, the Work Group believes it’s important to share materials as soon as they became available and not wait until a final toolkit is ready later this year. Material distributed to date includes the 2014 Aon Report, revised arbitration agreement, Focus Group Report and sample ads, a list of state “I’m Sorry” laws, a broad brush litigation strategy and information on litigation risk management.

The sixth product to be available as part of the Professional Liability Toolkit is the litigation risk management information (attached) which focuses on three sensitive topic areas (adverse events, family interactions and managing record requests) in facility operation that often need special attention. A disciplined risk management environment contributes in significant ways to protecting nursing and assisted living centers in negative situations that could lead to litigation. Note:  On page 2, there is a reference to “learn[ing] more about protecting [Quality Assessment and Assurance] QAA documents.”

AHCA/NCAL is grateful to HealthCap for its work in helping to draft this document. HealthCap is a general and professional liability insurance company owned and governed by the long term care providers. HealthCap also furnishes liability insurance products, risk management services and accredited education to nursing and assisted living centers. If you have questions regarding this strategy, please contact staff liaisons Dianne De La Mare at ddelmare@ahca.org or Tom Burke at tburke@ahca.org.

Background


Mark Parkinson created the Professional Responsibility Work Group to develop ways for providers to prepare for or respond to plaintiffs’ attorneys’ aggressive strategies, including paid media campaigns, to target individual nursing and assisted living centers for litigation. With AHCA Board approval, the Work Group has been working with AHCA staff to create resources and tools to help the members prevent or prevail in litigation. The Work Group plans to complete and distribute a comprehensive toolkit by the end of 2015. However, the Work Group believes it’s important to share materials as soon as they became available and not wait until a final toolkit is ready later this year. Material distributed to date includes the 2014 Aon Report, revised arbitration agreement, Focus Group Report and sample ads, a list of state “I’m Sorry” laws, a broad brush litigation strategy and information on litigation risk management.

Dianne De La Mare
AHCA, VP Legal Affairs
1201 L Street NW
Washington, DC 20015
202-898-2830
ddmare@ahca.org


NYSHFA CONTACT:

Nancy Leveille, RN, MS
Sr. Director, Member Operational Support
518-462-4800 x20