Schedule and Faculty

8:30 – 8:55 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:55 – 9:00 a.m.

WELCOME & INTRODUCTION

– April J. Boxeth, Michelle R. Klegon & Eileen P. Weber

9:00 – 9:50 a.m.

Legislative and Regulatory Update

Legislative and Regulatory policy changes coming from the Legislature; analysis of implications policy and legislative changes bring to Care of the Aging; and where to find resources for answers to ongoing changes.

– Thomas (Toby) J. Pearson

9:50 – 10:00 a.m.

BREAK

10:00 – 11:00 a.m.

BREAKOUT SESSION A

 

1. Families vs. Privacy: To Tell or Not to Tell – We Have the Answers!

Federal and state regulations and what these laws dictate about sharing patient information with family members and friends. US Department of Health and Human Services Guide to the HIPAA Privacy Rule. Stat. 144,293, which sets forth Minnesota’s rules relating to the sharing of patient information. Practical solutions to sticky situations, such as numerous family members wanting frequent communications/updates; demanding family members; and how to handle situations when patient information in requested NOT to be shared.

– Shelly M. Davis & James S. McAlpine

 

2. Memory Care – What Is It and What Should It Be?

What memory care is and what’s available in the continuum of care; what makes a memory care setting different from other types of care settings; overview of the laws and regulations governing memory care; and the future of memory care look like and should that vision charge?

– Janelle M. Johnson & Michelle R. Klegon

 

3. Challenging Customer (Family) Interaction

Five realities that cause customers (families) to be challenging; skills to diffuse customer (family) concerns; and how to use proactive strategies to increase customer (family) satisfaction.

– John Brose, MD

11:00 – 11:10 a.m.

BREAK

11:10 a.m. – 12:10 p.m.

BREAKOUT SESSION B

 

4. Inside the Office of Health Facility Complaints: Why Won’t They Just Go Away and Leave Us Alone?

History and developments of the Office of Health Facility Complaints; state and federal reporting requirements; how complaints are received and processed; investigation protocols and oversight; and appeal process.

– Stella L. French

 

5. Crisis Management – What to Do When the Phone Rings in the Middle of the Night

Different types of crises that can occur in the health care setting; best practices for addressing various types of crises; how to prepare your staff for government and media investigations and how to manage risks associated with crisis.

– Michelle R. Klegon

 

6. The Many Faces of Continuing Care Communities

Jeff Thorne, administrator at Cerenity-Marian of St. Paul will describe an idea brought to life starting with their campus and adding a continuum of care with no walls. Jeff will describe the proposals and collaboration needed to implement the continuum and review how the process works, who to speak with, how to successfully contract with other providers of services, and how to market the continuum. Mr. Rodé will review the regulatory and legal challenges in financing the continuum, contracting with unrelated service providers, and how to present the concept to regulators.

– Jeffrey Thorne & Robert F. Rodé

12:10 – 12:45 p.m.

LUNCH (provided by Minnesota CLE)

12:45 – 1:30 p.m.

The Conflict Between Advocacy and Responsible Social Policy

Many older people need advocates desperately. These advocates serve different roles. Some inform and defend older people about their rights against systems not working in their best interest. Others help the older person (and their family) manipulate the situation to gain maximal benefits. They are misinformed (often deliberately) by institutions. The challenge is how to balance advocacy with responsible social policy. Efforts to divest resources in an effort to establish eligibility for public programs may not serve the interests of society well. The challenge we face is how and where to draw the line.

– Robert L. Kane, MD

1:35 – 2:35 p.m.

BREAKOUT SESSION C

 

7. The Power of Apology

What motivates a patient to seek legal counsel after medical error; the historical approach: “deny and extend.” A new approach: transparency. How to apologize.

– Mark M. Kosieradzki & Stephen O. Plunkett

 

8. Overview of Powers and Duties of Third-Party Decision-Makers: “Who You Gonna Call?”

Legal power and duties of guardians, conservators, attorneys-in-fact, health care agents, “responsible parties” or “representatives”, and family members.

– Laura L. Orr, Jill M. Sauber & Jennifer L. Wright

 

9. What is the Standard of Care in Assisted Living? Is There One? Critical Concepts of Care in Housing with Services / Assisted Living Settings

Assisted Living services and services provided by Class A or Class F home care providers; a review of the most cited deficiencies for home care providers issued by MPH and how to prepare providers to address issues during surveys; understanding reporting requirements of Vulnerable Adults Act for Housing with Services Establishments and Home Care Providers; and strategies to provide quality care in HWS/AL settings.

– April J. Boxeth & Deb Manthey

2:40 – 3:40 p.m.

BREAKOUT SESSION D

 

10. Nursing Home Admission and Discharge Disputes: Law and Litigation

Nursing homes have specific laws and regulations that they must follow for admitting and discharging residents. For example, they must not admit residents for whom they cannot provide care. Before discharging a resident, a nursing home must comply with a notice requirement and specify a discharge location that will meet the resident’s medical needs. Learn the law and avenues of entering—or avoiding—litigation related to the admission or discharge of a resident.

– Laura L. Orr & Suzanne M. Scheller

 

11. Medicaid Recovery Audit Contract

Understanding what Medicaid RACs do; the difference between Medicaid RACs and Medicare RACs; how Medicaid RAC audits compare to DHS post-payment reviews; how to contest Medicaid RAC findings; and where to go for information.

– Bridgid E. Dowdal & Samuel D. Orbovich

3:45 – 4:30 p.m.

The Latest Practices and Strategies for Management of Extreme Symptoms Near End of Life: Palliative Sedation and Alternatives

– Cory J. Ingram, MD