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Legal Issues Update for Social Workers

Learn about legal and practical aspects of documentation, regulations, healthcare directives, discharge and transfer requirements, and predatory offender changes in social work. Get insights on responsibilities and risks faced by social workers.

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Legal Issues Update for Social Workers

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  1. Legal Issues forSocial WorkersOctober 5, 2007 By: Susan M. Voigt VOIGT, KLEGON, and RODÉ Law Firm (651) 209-6161

  2. Increase in Responsibility for Social Services in L-T-Care • How many residents do you serve? • What happens when you drop the ball? • Why is the licensing Board calling you? • Why do you need legal advice before you speak to the family? • Who wants to be conservator? • Where is the resident going? • Another new regulation?

  3. ADMISSION • Admission pressures • Financial information • Assessment – care and financial • PPS and payment on admission issues • Predatory offender law changes • DNR/DNI policies, PSDA procedures/Advance directives

  4. LEGAL AND PRACTICAL ASPECTS OF DOCUMENTATION • New documentation requirements - resident advocate/psycho social services, activities • Changes in nursing home rules and regs and areas of survey focus: - activities, unnecessary meds, anxiety, family and physician notification of significant change, F323, OHFC incidents/accidents; psycho-social requirements

  5. DOCUMENTATION CONTINUED • Resident and family interview relied upon for deficiencies (F241) Dignity; MI issues • New social service staff – no such response as “I don’t know.” • Progress notes critical – follow up after psych eval and recommendations must be timely’ • New focus on suicidal ideation and safety plans • Medication review and effectiveness documented

  6. KNOW THE REGULATIONS AND USE TERMINOLOGY • Appendix PP in state operations manual at www.cms website • MDH website at www.health.state.mn.us • Know your residents and families and connect with nursing • F323 – “identify risk”; “evaluate”; “implement interventions”; “monitor and modify” magic words

  7. THE VULNERABLE ADULTS ACT • Unexplained incidents – bruising – determine a reasonable explanation • Falls elopements, smoking risks new focus • Reporting requirements – is it abuse or neglect? Is it an error? An accident? Is it financial exploitation? • OHFC appeals increasing due to more investigations and serious level deficiencies • Vulnerable adult neglect and abuse are connected to wrongful death cases

  8. HEALTH CARE DIRECTIVES • DNR/DNI • Comfort care measures policy • Directive for Health Care and POA for financial are not the same • Informed consent and patient right to refuse • Medication administration issues • Risk management vs. legal decision making

  9. DISCHARGE AND TRANSFER REQUIREMENTS • Social service documentation regarding discharge and transfer - guidelines • Commitment process for behaviors • New conservator/guardianship process for behaviors and nonpayment • Role of Ombudsman and Adult Protection • Medical Assistance application and social service role

  10. Predatory Offender Changes • 2006 – You can decide NOT to admit an offender or violent person • Abuse prevention/assessment/individual plans • Notification requirements • HIPAA release • To admit or not admit?

  11. Why do you do this? • Grace moments • Mission and paycheck • For the residents • Because you can – and you do it well

  12. Legal Issues UpdateSocial WorkersOctober 5, 2007 By: Susan M. Voigt Attorney Voigt, Klegon and Rode Law firm (651) 209-6161

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