Hospital Internal Risk Management Survey Worksheets Name of Facility Date of Survey Address City Licensed Risk Manager State License Number Zip Date of Appointment as Risk Manager Risk Manager Designee Date of Appointment as Designee Administrator/CEO’s Name & Title Date of Appointment 59A -10.002 F.A.C. (14) “Risk management” means the identification, investigation, analysis, and evaluation of risks and the selection of the most advantageous method of correcting, reducing or eliminating identifiable risks. HOSPITAL Licensed Beds: Acute: Psych: Number of Operating Rooms: SNU: Program H0401 Every licensed facility shall, as a part of its administrative functions, establish an internal risk S. 395.0197 (1), F.S. R.59A-10.002(15), F.A.C. R.59A-10.002 (2), F.A.C. R.59A-10.002 (3), F.A.C. AHCA FORM 3020- 0031 Yes Tag Number Legal Authority Program Requirements Such program shall include: Total: Average Daily Census: Does the hospital operate outpatient surgical center under its license? management program. Child/Adol. Psych: , June 2010 No Interpretive Guidelines Met Not Met Licensed Hospital and Ambulatory Surgical Centers are required to have an Internal Risk Management Program. PROBE - Review the Risk Management Program/Plan to determine compliance HQA Bureau of Field Operations Page 1 R.59A-10.002(14), F.A.C. - Interview the Licensed Health Care Risk Manager responsible for the program. Comments: - Review personnel file of the Risk Manager for appropriate licensure(& any Risk Manager designees) Program Requirements The internal risk management program shall include: (a) The investigation and analysis of the frequency and causes of general categories and specific types of adverse incidents to patients. Tag Number Legal Authority H0402 S. 395.0197(1)(a), F.S. S. 395.0197(5), F.S. Interpretive Guidelines The Risk Management Program must establish the general categories and specific types of incidents. Further, the program must contain the investigative process and analysis of the incidents. Met Not Met Comments: Does the plan establish the incident categories? - Are the incidents specific to this facility? - Review 5 Monthly Logs and 4 Quarterly Summary Reports The internal risk management program shall include: (b) The development of appropriate measures to minimize the risk of adverse incidents to patients. H0403 GUIDANCE TO SURVEYORS S. 395.0197(1)(b), F.S. 1. Review the Risk Manager's role in the development and implementation of risk reduction and risk prevention strategies. S. 395.0197(5), F.S. Comments: 2. Consider evidence that patient and non-patient department staff have involvement in the process. 3. Review previous incidents identified as risk/process improvement opportunities including the analysis of the incident and trends. PROBES - Review identified incident trends - Review measures put in place to correct - Verify correction measures are systematic and facility-wide. AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 2 - Has the facility minimized the risk to other patients? - Validate implementation of measures in departments or units of facility. The development of appropriate measures shall include: 1. Risk management and H0404 S. 395.0197(1)(b)1, F.S. risk prevention education and training of all nonphysician personnel as follows: a. Such education and training of all non-physician personnel as part of their initial orientation; and b. At least 1 hour of such education and training annually for all personnel of the licensed facility working in clinical areas and providing patient care, except those persons licensed as health care practitioners who are required to complete continuing education coursework pursuant to chapter 456 or the respective practice act. GUIDANCE TO SURVEYORS Review orientation program(s) for documentation that the incident reporting system and adverse incident reporting (Code 15 and Annual Incident Reporting) is included. Comments: Select a sample of new employees, 5 new and 5 existing employees, and Agency (contract) personnel for evidence of training at orientation and annual review. Interview 5 employees in regard to their education and training. (Example: RN's, CNA's, PT's, RT's, etc.) PROBES - Review 5 new and 5 existing clinical staff for education and training as required. - Interview 5 clinical staff to ascertain the knowledge of how to report an incident. How do you report an incident? Program Requirements The development of appropriate Tag Number Legal Authority Interpretive Guidelines H0404 Are all incidents reported the same way (fall, elopement, allegation of abuse, rape)? H0405 GUIDANCE TO SURVEYORS AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Met Not Met Page 3 measures shall include: S. 395.0197(1)(b)2, F.S. 2. A prohibition, except when emergency circumstances require otherwise, against a staff member of the licensed facility attending a patient in the recovery room, unless the staff member is authorized to attend the patient in the recovery room and is in the company of at least one other person. However, a licensed facility is exempt from the twoperson requirement if it has: a. Live visual observation; b. Electronic observation; or c. Any other reasonable measure taken to ensure patient protection and privacy. Review facility Policy and Procedures for prohibitions against staff members attending patients in the recovery room alone. Comments: Review the facility policy, i.e. either each authorized staff person in the recovery room is accompanied by at least one other person or the recovery room has live visual observation; or electronic observation; or any other reasonable measure taken to ensure patient protection and privacy. PROBES 1. Request the schedule of recovery room personnel for all shifts. 2. Review the Policy and Procedures regarding the two-person requirement. 3. Tour the recovery room, preferably in the afternoon. 4. Interview staff regarding recovery room procedures and staffing patterns. 5. How does the facility handle live visual observation, electronic observation, or any other reasonable measure to ensure patient protection and privacy? 6. What type of electronic observation is used? 7. Who monitors the camera when patients are present in the recovery room? 8. What type of documentation is maintained by the facility? AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 4 The development of appropriate measures shall include: H0406 PROBES S. 395.0197(1)(b)3, F.S. Does the facility prohibit unlicensed person from assisting or participating in a surgical procedure, unless complete and direct physician supervision. Comments: 3. A prohibition against an unlicensed person from assisting or participating in any surgical procedure unless the facility has authorized the person to do so following a competency assessment, and such assistance or participation is done under the direct and immediate supervision of a licensed physician and is not otherwise an activity that may only be performed by a licensed health care practitioner. Program Requirements The development of appropriate Interview surgical staff to ascertain if unlicensed staff participate/assisting in surgical procedures - provisions. Review surgical schedule or records utilized to record other unlicensed staff surgical participation. Review competencies for Private or Contractual Scrub individuals. Tag Number Legal Authority H0407 AHCA FORM 3020 - 0031, June 2010 Interpretive Guidelines Met Not Met GUIDANCE TO SURVEYORS HQA Bureau of Field Operations Page 5 measures shall include: 4. Development, implementation, and ongoing evaluation of procedures, protocols, and systems to accurately identify patients, planned procedures, and the correct site of the planned procedure so as to minimize the performance of a surgical procedure on the wrong patient, a wrong surgical procedure, a wrong-site surgical procedure, or a surgical procedure otherwise unrelated to the patient's diagnosis or medical condition. S. 395.0197(1)(b)4, F.S. Does the facility have an established procedure/protocol to prevent wrong site, wrong procedure, and wrong patient surgery? Comments: How does the facility identify the correct patient and the correct site for procedures? How is the surgical site identified? How does the facility identify and confirm the correct procedure(s)? Does the facility involve the patient and his/her family members in identifying the patient, correct site, and correct procedure? If so, what systems does the facility have in place for appropriate communication techniques for any identified language or communication barriers? Does facility staff have a method to verify that the identification process contains correct information? Are protocols and procedures to prevent wrong site, wrong procedure, and wrong patient incidents used facility-wide? How is education and training of staff (including physicians) regarding the facility's procedures and protocols accomplished? Review documentation. How does the facility monitor compliance with the protocols for quality control purposes? PROBES - Review systems which prevent or minimize wrong patient, wrong surgical procedure, wrong site, or a surgical procedure unrelated. - If an incident, breaches protocols how is it reviewed to minimize risk to other patients. The internal risk management program shall H0408 AHCA FORM 3020 - 0031, June 2010 GUIDANCE TO SURVEYORS HQA Bureau of Field Operations Page 6 include: (c) The analysis of patient grievances that relate to patient care and the quality of medical services. S. 395.0197(1)(c), F.S. R. 59A-10.002(10), F.A.C. 1. Determine if the facility has a patient satisfaction patient grievance and a system to analyze the quality of medical services. Review form(s): Comments: 2. Select a sample of patient grievances/patient satisfaction responses related to patient care and the quality of medical services. Trace the process. 3. Review Policy and Procedures establishing the process that refers issues related to quality of care to the Risk Manager, Quality Assurance/Performance Improvement and the facility representative. 4. Review evidence that issues related to quality of care/medical care are analyzed including outcomes. Program Requirements Tag Number Legal Authority H0408 Interpretive Guidelines Met Not Met PROBES - Is the Risk Manager involved in the analysis of grievances and quality of medical services improvement? - Is there evidence of grievance analysis in the samples grievances? - Were corrective measures placed into facility-wide systems? The internal risk management program shall include: H0409 (d) A system for informing a patient or an individual identified pursuant to Section 765.401(1), F.S., that the patient was the subject of an adverse incident. Such notice shall be given by an appropriately trained person designated by the licensed facility as soon as practicable to allow the patient an opportunity to minimize damage or injury. S. 765.401(1), F.S. S. 395.0197(1)(d), F.S. S. 395.0197(5), F.S. GUIDANCE TO SURVEYORS Review the Policy and Procedures developed to enable patient notification (or the patient's healthcare surrogate) of all adverse incidents. Comments: Refer to definition of adverse incident, s. 395.0197 (5), F.S. Review all Code 15's and Annual Report incidents to determine whether the patient and/or healthcare surrogate was informed of the incident. Verify documentation that the patient was notified following the adverse incident. Interview patient(s) involved in adverse incident if the patient is AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 7 accessible. PROBES Did facility develop and implement a system for patient notification? Does facility staff evaluate the system for informing patients that they have been the subject of an adverse incident? The internal risk management program shall include: (e) The development and implementation of an incident reporting system based upon the affirmative duty of all health care providers and all agents and employees of the licensed health care facility to report adverse incidents to the risk manager, or to his or her designee, within 3 business days after their occurrence. H0410 GUIDANCE TO SURVEYORS S. 395.0197(1)(e), F.S. Review the Policy and Procedures for incident reporting. R. 59A-10.002(8), F.A.C. R. 59A-10.002(9), F.A.C. S. 395.0197(5), F.S. R. 59A-10.002(21), F.A.C. Comments: Interview a sample of staff to determine their awareness of the responsibilities, requirements, and method for incident reporting. – Done already under H404!!!! Review a sample of personnel files for education and training on incident reporting – Done already under H404!!!!!. - Review a minimum sample of Incident Reports (review period since the last risk manager survey) o Hospitals – 30 Review a sample of Incident/Occurrence Reports for determining that incidents are reported within three (3) business days to the Risk Manager or to the Risk Manager Designee. Interview a sample of staff to determine the facility's method for reporting within 3 business days. If there is a Risk Manager Designee, verify evidence of appointment. PROBES What are the guidelines for reporting AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 8 incidents? Program Requirements Tag Number Legal Authority H0410 Interpretive Guidelines Met Not Met Does staff understand who reports, what is reported, when and where to report, how to report, and why to report? Can facility staff provide and account for dissemination of information on the incident reporting system to all health care providers, agents and employees? Did all new non-physician personnel receive, within 30 days of employment, instruction about the operation of and the responsibilities of the incident reporting system? Procedures shall be detailed in writing and disseminated to all employees of the facility. All new employees, within 30 days of employment, shall be instructed about the operation of the incident reporting system and H0411 R. 59A-10.0055(2), F.A.C. R. 59A-10.002(8), F.A.C. responsibilities of it. At least annually, all non-physician personnel of the facility working in AHCA FORM 3020 - 0031, June 2010 GUIDANCE TO SURVEYORS: Interview the Risk Manager and determine what the facility considers annual? Is it calendar year or date of hire year? Request a list of non-physician personnel with their hire dates. Include private/contract surgical scrub personnel. HQA Bureau of Field Operations Page 9 clinical areas and providing patient care shall receive 1 hour risk management and risk prevention education and training, including the importance of accurate and timely incident reporting. Interview a sample of newly hired and experienced staff to determine their awareness of the responsibilities, requirements, and method for incident reporting. Comments: Review a sample of personnel, both newly hired and personnel who have been employed over 2 years, files for education and training on incident reporting. PROBES: What are the guidelines for reporting incidents? Ask staff which incidents are reportable, who is suppose to report the incidents, how is it done, when does it need to be done by, and where does the report go once they have completed it? Did all non-physician personnel receive, within 30 days of employment, instruction about the operation of and the responsibilities of the incident reporting system? When was the last annual, 1 hour Risk Management and Risk Prevention training conducted? Whether or not a physician was called: and if so, a brief statement of said physician's recommendations as to medical treatment, if any; H0412 (d) A listing of all persons then known to be involved directly in the incident, including witnesses, along with locating information for each; R. 59A-10.002(19), F.A.C. (c) R. 59A-10.0055(2), F.A.C. R. 59A-10.002(18), F.A.C. R. 59A.-10.002(20), F.A.C. (e) The name, signature and position of the person completing the reports, along with date and time that the report was completed. GUIDANCE TO SURVEYORS Review a sample of incident/occurrence reports filed since the date of the previous survey. Comments: - Review a minimum sample of Incident Reports (review period since the last risk manager survey) o Hospitals – 30 Select a sample of incident/occurrence reports to determine compliance with the incident form requirements. The sample size is based on the issues identified. PROBES AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 10 What are the types of incident reports used in the facility? Program Requirements Tag Number Legal Authority Interpretive Guidelines Met Not Met H0412 Does the incident/occurrence report form contain the required information? (2) The internal risk management program is the responsibility of the governing board of the health care facility. H0413 Each licensed facility shall hire a risk manager, licensed under Section 395.10974, F.S., who is responsible for implementation and oversight of such facility's internal risk management program as required by this section. R. 59A-10.002(12) S. 395.0197(2), F.S. S. 395.1097(4), F.S. R. 59A-10.002(15), F.A.C. R. 59A-10.002(2), F.A.C. R. 59A-10.002(3), F.A.C. A risk manager must not be made responsible for more than four internal risk management programs in separate licensed facilities, unless the facilities are under one corporate ownership or the risk management programs are in rural hospitals. GUIDANCE TO SURVEYORS: Review the facility's organization chart to see who the Risk Manger reports to. When was the Risk Manager appointed? When was the Risk Manager approved by the Board/Governing Body? Review reporting lines of authority Verify that the Risk Manager is currently licensed. Interview the licensed Risk Manager and verify the number of current facilities for which the Risk Manager currently has responsibility. Review the Risk Manager's job description for his/her responsibilities. AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 11 PROBES: Comments: Inquire with the Risk Manager and the Hospital Administrator about the amount of time that the Risk Manager spends on-site at each facility for which the Risk Manager is responsible. What is considered enough time in the facility? Does the Risk Manager only come to the facility for administrative and clinical meetings? Verify the participation in administrative and clinical meetings, by reviewing meeting minutes. (4) The individual responsible for the risk management program shall have free access to all medical records of the licensed facility. H0414 GUIDANCE TO SURVEYORS: S. 395.0197(4), F.S. Verify that the Risk Manager has access to all medical records of the facility by asking the Risk Manager and the Administrator. Comments: Review the Risk Manager's job description to ensure the Risk Manager has access to all of the medical records. Review the Governing Body Minutes and the facility's Policy and Procedures. (4) As a part of each internal risk management program, the incident reports shall be used to develop categories of incidents which identify problem areas. Once identified, procedures shall be adjusted to correct the problem areas. H0415 GUIDANCE TO SURVEYORS: S. 395.0197(4), F.S. R. 59A-10.002(7), F.A.C. Ask the Risk Manager how they have determined what incidents to track and trend? Are the issues being tracked and trended, facility identified concerns? Comments: Review all tracking and trending reports for the period since the previous survey. How was the root cause of the concern identified? What investigation was done? AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 12 Review all pertinent documentation for the Program Requirements Tag Number Legal Authority Interpretive Guidelines verification that the Risk Manager's recommendations were developed and the corrective actions(s) were implemented. Met Not Met Comments: How was the corrective action(s) implemented? Staff educated on corrective action? How was the corrective action measured to determine its effectiveness? If it did not reduce the number of occurrences, what new corrective action(s) was implemented? Training? PROBES: How is information shared with other departments? How does the Risk Manager know if problems exist in other areas? Ask floor staff if they have ever submitted an incident report? If yes, did they receive any feedback after the incident report was reviewed? What was the outcome of that incident report? Question floor staff regarding how they were informed of the corrective actions implemented after an incident. H0416 AHCA FORM 3020 - 0031, June 2010 GUIDANCE TO SURVEYORS: HQA Bureau of Field Operations Page 13 (7) Any of the following adverse incidents, whether occurring in the licensed facility or arising from health care prior to admission in the licensed facility, shall be reported by the facility to the Agency for Health Care Administration within 15 calendar days after its occurrence: S. 395.0197(7), F.S. R. 59A-10.0065, F.A.C. S. 395.0197(5), F.S. Review the facility's Policy and Procedures regarding reporting death, brain or spinal damage, wrong patient/wrong site/wrong surgical procedure, unnecessary surgical procedure, surgical repair of damage resulting from surgical procedure, and removal of unplanned foreign body left after a surgical procedure. Comments: (a) The death of a patient Request a list of any discharged patient that was re-admitted into the facility within days of being discharge. (b) Brain or spinal damage to a patient; Review a few re-admitted patients’ records to determine if any were admitted for the previous treatment or surgical procedure. (c) The performance of a surgical procedure on the wrong patient; (d) The performance of a wrongsite surgical procedure; Request a list of patients who have expired in the facility in the past year. (e) The performance of a wrong surgical procedure; Review those deaths which resulted in an autopsy being conducted. What was the outcome? (f) The performance of a surgical procedure that is medically unnecessary or otherwise unrelated to the patient's diagnosis or medical condition; Did the Risk Manager file the Code 15 within 15 calendar days? Review the consent form, signed by the patient prior to surgery, was the incident outcome listed as one of the specific risk of the surgical procedure. (g) The surgical repair of damage resulting to a patient from a planned surgical procedure, where the damage is not a recognized specific risk, as disclosed to the patient and documented through the informed-consent process; or PROBES: Interview the Risk Manager regarding the facility's process for reporting Code 15 events. (h) The performance of procedures to remove unplanned foreign objects remaining from a surgical procedure. The 15-day report shall be made on AHCA Form 31405001-August 1993, Code 15 Report, which is incorporated by reference and may be obtained from the Agency for Health Care Administration. The Agency may require an additional final report. Any reportable incidents pursuant to this section Program Requirements that are submitted more than 15 calendar days from occurrence by the facility must be justified in writing by the facility administrator Is the Risk Manager following the facility's Policy and Procedures when a Code 15 reportable incident occurs? Tag Number Legal Authority H0416 AHCA FORM 3020 - 0031, June 2010 Interpretive Guidelines Met Not Met If it is determined, through interview that the Risk Manager was unable to submit an adverse incident within 15 calendar days, did the Risk Manager request an extension from AHCA? Review the extension request. HQA Bureau of Field Operations Page 14 (9) The internal risk manager of each licensed facility shall: (a) Investigate every allegation of sexual misconduct which is made against a member of the facility's personnel who has direct patient contact, when the allegation is that the sexual misconduct occurred at the facility or on the grounds of the facility. H0417 GUIDANCE TO SURVEYORS: S. 395.0197(9), F.S. R. 59A-10.002(19), F.A.C. Review a list of incidents and chose those relating to allegations of sexual misconduct. Comments: Was the victim safe from further sexual misconduct during the investigation? How? What is the facility's Policy and Procedures regarding the investigation of an allegation of sexual misconduct? Was the Policy and Procedures followed? (b) Report every allegation of sexual misconduct to the administrator of the licensed facility. (c) Notify the family or guardian of the victim, if a minor, that an allegation of sexual misconduct has been made and that an investigation is being conducted. If the allegation was confirmed, what corrective action was implemented? (d) Report to the Department of Health every allegation of sexual misconduct, as defined in Chapter 456, F.S., and the respective practice act, by a licensed health care practitioner that involves a patient. Interview floor staff to see if they are aware of the facility's Policy and Procedures for an allegation of sexual misconduct? Were the police, DCF/APS, and the Department of Health notified? Review the accused and other employees' personnel file to determine if the facility conducted a background screening, prior to the employees working in the facility? What education/training regarding sexual misconduct and reporting an allegation of sexual misconduct have the employees received? PROBES: Interview the facility's staff, can they tell you what they would do if someone accused an employee of sexual misconduct? Does it meet the facility's Policy and Procedures? Review the facility's Policy and Procedures regarding background screening. (10) Any witness who witnessed or who H0418 AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 15 possesses actual knowledge of the act that is the basis of an allegation of sexual abuse shall: S. 395.0197(10), F.S. S. 794.011(1)(h), F.S. (a) Notify the local police; and (b) Notify the hospital risk manager and the administrator. not include any act intended for a valid medical purpose or any act which may reasonably be construed to be a normal care giving action. Comments: Review a list of incidents and choose some incidents regarding allegations of sexual abuse. Review the facility's Policy and Procedures regarding the prevention and investigation of sexual abuse. For purposes of this subsection, "sexual abuse" means acts of a sexual nature committed for the sexual gratification of anyone upon, or in the presence of, a vulnerable adult, without the vulnerable adult's informed consent, or a minor. "Sexual abuse" includes, but is not limited to, the acts defined in Section 794.011(1)(h), F.S., fondling, exposure of a vulnerable adult's or minor's sexual organs, or the use of the vulnerable adult or minor to solicit for or engage in prostitution or sexual performance. "Sexual abuse" does Program Requirements GUIDANCE TO SURVEYORS: Was the alleged victim protected from any further abuse during the facility's investigation? How? If the allegation was confirmed, what did the facility do to rectify the situation which resulted in the abuse? What preventive measures have been taken to ensure this situation does not recur? What in-service/training was conducted in order to educate all of the facility's staff on the new prevention method? Were the police, DCF/APS, Administrator, and/or the Health Department notified? Tag Number Legal Authority H0418 Interpretive Guidelines Met Review the accused and other facility employee's file to determine if background checks were conducted prior to the employee working in the facility? Comments: Not Met What training have the facility's employees received regarding preventing and reporting abuse or neglect? PROBES: Interview facility staff (LPN, RN, CNA, Maintenance, Housekeeping) to determine if they know what to do if someone reports sexual abuse to them. Is the information provided by staff incompliance with the facility's abuse Policy and Procedures? Did the investigation into allegation of sexual abuse comply with the facility's Policy and Procedures? What was the outcome of the investigation? The risk manager shall be H0419 AHCA FORM 3020 - 0031, June 2010 GUIDANCE TO SURVEYORS: HQA Bureau of Field Operations Page 16 responsible for the regular and systematic reviewing of all incident reports, including 15-day incident reports, for the purpose of identifying trends or patterns as to time, place or persons. Upon emergence of any trend or pattern in incident occurrence, the risk manager shall develop recommendations for corrective actions and risk management prevention education and training. Summary data thus accumulated shall be systematically maintained for 3 years. R. 59A-10.0055(3), F.A.C. R. 59A-10.002(7), F.A.C. Review all tracking and trending reports for the period since the previous survey. Comments: Review results to ascertain that the Risk Manager has trended the information to identify patterns and any problem areas. Discuss the guidelines used. Review all pertinent documents for verification that the Risk Manager's recommendations were developed and the corrective action(s) implemented. Discuss and review documentation as to whether the corrective action(s) was effective and if not was the plan revised. Verify that action has been taken to reduce and prevent risks to patients. Review in-service education documents for programs pertinent to risk management education and training relating to the corrective action(s).Verify that the past 3 years of accumulated summary data has been maintained and reviewed. PROBES Describe the manner by which the Risk Manager ensures that staff from individual departments/units identify safety hazards and risk exposures in clinical and facility-wide systems. Does staff receive feedback regarding incident reports that they completed? Has an incident report that you filed resulted in a change? What type of system does the Risk Manager utilize to track and trend incidents? Program Requirements (a) At least quarterly, or more often Tag Number Legal Authority Interpretive Guidelines Met Not Met H0420 AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 17 as may be required by the governing body, the risk manager shall provide a summary R. 59A-10.0055(3)(a), F.A.C. report to the governing body, which includes information R. 59A-10.002(12), F.A.C about activities of risk management as defined herein. R. 59A-10.002(14), F.A.C. GUIDANCE TO SURVEYORS Comments: Review the Governing Body minutes for risk management documentation. Interview the Licensed Risk Manager and staff re: methodology. Who presents the risk management summary report? PROBES Does the Governing Body act on the quarterly reports? (3) Each licensed facility shall annually report to the Agency for Health Care Administration and the H0421 S. 395.0197(3), F.S. GUIDANCE TO SURVEYORS Review documentation of reporting. Comments: S. 456.001(4), F.S. PROBES Department of Health the name and judgments entered against each health care practitioner for which it assumes liability. Does the facility have a report that identifies and summarizes judgments, not actions against practitioners? Have these identified practitioners been reported to the Department of Health and Agency for Health Care Administration? H0422 AHCA FORM 3020 - 0031, June 2010 GUIDANCE TO SURVEYORS HQA Bureau of Field Operations Page 18 (6)(a) Each licensed facility subject to this section shall submit an annual report to the Agency for Health Care Administration summarizing the incident reports that have been filed in the facility for that year. The report shall include: S. 395.0197(6)(a), (c), F.S. R. 59A-10.002(7), F.A.C. S. 395.0197(5), F.S. S. 766.106(1)(a), F.S. Review the Annual Report(s) submitted to the Agency for Health Care Administration for: --Timeliness --Verification the AHCA form is being used. --Number of incidents reported. --Types of incidents. --Number and types of claims. Comments: The Annual Report includes: --Death; --Brain or spinal damage; --Permanent disfigurement; --Fracture or dislocation of bones or joints; --A limitation of neurological, physical, or sensory function which continues after discharge from the facility; --Any condition that required specialized medical attention or surgical intervention resulting from non-emergency medical intervention other than an emergency medical condition, to which the patient has not given his or her informed consent; --Any condition that requires the transfer of the patient within or outside the facility to a unit providing a more acute care level of care due to the adverse incident, rather than the patient's condition prior to the adverse incident; --Was the performance of a surgical procedure on the wrong patient; --A wrong surgical procedure; --A wrong-site surgical procedure; --A surgical procedure otherwise unrelated to the patient's diagnosis or medical condition; --Required the surgical repair of damage resulting to a patient from a planned surgical procedure, where the damage was not a recognized specific risk, as disclosed to the patient and documented through the informed-consent process; or --Was a procedure to remove unplanned 1. The total number of adverse incidents. 2. A listing, by category, of the types of operations, diagnostic or treatment procedures, or other actions causing the injuries, and the number of incidents occurring within each category. 3. A listing, by category, of the types of injuries caused and the number of incidents occurring within each category. 4. A code number using the health care professional's licensure number and a separate code number identifying all other individuals directly involved in adverse incidents to patients, the relationship of the individual to the licensed facility, and the number of incidents in which each individual has been directly involved. Each licensed facility shall maintain names of the health care professionals and individuals identified by code numbers for purposes of this section. 5. A description of all malpractice claims filed against the licensed facility, including the total number of pending and closed claims and the nature of the incident which led to, the persons involved in, and the status and disposition of each claim. Each report shall update status and disposition for all prior reports. (c) The annual report submitted to the Program Requirements Agency shall also contain the Tag Number Legal Authority Interpretive Guidelines Met Not Met H0422 AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 19 name and license number of the risk manager of the licensed facility, a copy of its policy and procedures which govern the measures taken by the facility and its risk manager to reduce the risk of injuries and adverse incidents, and the results of such measures. foreign objects remaining from a surgical procedure? Comments: Review a sample of malpractice claims filed since the date of the last survey. Review a sample of disciplinary actions and outcomes against practitioners and the reporting of all actions to Department of Health/Medical Quality Assurance. Review the facility's results of outcome measures, QA/PI initiatives; risk prevention and risk reduction strategies for the year. (Reference s. 395.1097(6)(c), F.S.) PROBES: Remind the facility the surveyor has access to any facility record necessary to perform the Risk Management Survey. Is there a process in place for determining reportable incidents? How does it function? Is there a system developed to report the required adverse events to the Agency? Determine who has the final authority for determination that an incident meets the definition of an "adverse incident" to be reported to the Agency. Have any discharged patients required readmission for previous treatment or surgical episodes? Have any current patients required additional surgery, and/or treatment interventions as a result of an adverse incident? Any transfers to a higher level of care? Review the facility's annual reports for compliance of reporting the following: Total number of pending and closed claims; Claim number for each claim; AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 20 Nature of incident; License numbers of persons involved in the claim and Status or disposition of the claim. (13) The Agency for Health Care Administration shall have access to all licensed facility records necessary to carry out the provisions of this section. Evidence of the incidents reporting and analysis system and copies of summary reports, incident reports filed within the facility, and evidence of recommended and accomplished corrective actions shall be made available for review to any authorized representative of the H0423 GUIDANCE TO SURVEYORS S. 395.0197(13), F.S. All facility records are to be made available to surveyors upon request. Comments: R. 59A10.0055(3)(b), F.A.C. AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 21 Agency upon request during normal working hours. Program Requirements Tag Number Legal Authority Interpretive Guidelines (19) It shall be unlawful for any person over whom the facility exercises control to coerce, intimidate, or preclude a Risk Manager from lawfully executing his or her reporting obligations pursuant to this chapter. Such unlawful action shall be subject to civil monetary penalties not to exceed $10,000 per violation. H0424 1) Each licensed facility must adopt a patient safety plan. A plan adopted to implement the requirements of 42 C.F.R. Part 482.21 shall be deemed to comply with this requirement. H0425 GUIDANCE TO SURVEYORS S. 395.1012(1), F.S. Review the facility's patient safety plan. S. 395.0197(19), F.S. H0425 Ask the Risk Manager if anyone has ever attempted to interfere with his/her reporting obligations. Met Not Met Comments: Comments: If applicable, review QA/PI (HOSPITALS ONLY) plan to assure patient safety issues are addressed within the QA/PI plan. PROBES Does the facility have a patient safety plan? How often is the patient safety plan updated/reviewed? As relevant, consider information the facility representatives utilized to demonstrate compliance with 42 CFR 482.21 (Quality Assurance and Performance Improvement Plan) (FOR HOSPITALS ONLY). (2) Each licensed facility shall H0426 AHCA FORM 3020 - 0031, June 2010 GUIDANCE TO SURVEYORS HQA Bureau of Field Operations Page 22 appoint a patient safety officer and a patient safety committee, which shall include at least one person who is neither employed by nor practicing in the facility, for the purpose of promoting the health and safety of patients, reviewing and evaluating the quality of patient safety measures used by the facility, and assisting in the implementation of the facility patient safety plan. S. 395.1012(2), F.S. Determine if facility management has appointed a Patient Safety Officer. R. 59A-10.002(15), F.A.C. Review position description. R. 59A-10.002(2), F.A.C. R. 59A-10.002(3), F.A.C. Comments: Interview the Patient Safety Officer regarding roles and responsibilities. Review the composition of the Patient Safety Committee. Determine the eligibility of the committee member not employed by the facility, not a contracted employee of the facility, nor in practice at the facility. A review facility documentation of the Patient Safety Committee activities such as minutes, reports, QA/PI projects and outcomes, Patient Safety Initiatives, etc. Review the process by which the committee reviews and evaluates the quality of patient safety measures implemented by the facility. Review the process by which the committee assists in the implementation of the facility's Patient Safety Plan. PROBES Do the committee members maintain records (surveys, evaluations, monitoring and corrective actions)? Does the Patient Safety Committee document the proceedings? Program Requirements Tag Number Legal Authority H0426 Interpretive Guidelines Describe the relationship of the Patient Safety Officer to the Patient Safety Plan. Not Met Met Comments: What are the committee's current projects/goals? How well attended are the committee meetings? AHCA FORM 3020 - 0031, June 2010 HQA Bureau of Field Operations Page 23