Recorded On: 08/24/2023
State and Federal survey agencies are being trained to perform record reviews, focusing on the legality of signatures, denying admission based on the resident refusing to sign an arbitration agreement, and whether the resident is presented with a 30-day opt-out option once signed. Surveyors are also being given an extensive list of questions to use when interviewing residents, representatives, etc. on how well the arbitration process and key terms were explained to them prior to asking them to sign. Additionally, there are now a few federal F tag citations that may be cited in the event a facility is not able to show that arbitration agreements are being explained appropriately and signed by a legally authorized individual. This webinar was developed in response to an overwhelming request for clarification and assistance from members across the country.
- Define binding arbitration agreement
- Discuss CMS’s authority to enforce
- Identify the federal F-tags arbitration agreements may impact
- Discuss best practice for implementing arbitration agreements
- Define the basic elements of a valid arbitration agreement
Attendees will be awarded 1.0 ANCC contact hours for completing the course/webinar.
Program Start Date: 8/24/23 | Program Review Date: 8/23/26
This program has been submitted for Continuing Education for 1.25 total participant hours from NAB/NCERS. Call the HealthCap Education Coordinator at 734-996-2700 for further information.
Angie Szumlinski, LNHA, GERO-BC, RAC-CT, BS
Director of Risk Management
HealthCap Risk Management Services
Ms. Szumlinski is a nationally-recognized leader in long-term care, with a wealth of experience in virtually every operational and clinical aspect of the industry. She has experience as an Owner/Provider, Administrator, Director of Nursing, Corporate Quality Assurance Coordinator, and independent consultant. In the last 8 years, she has personally conducted over 1,000 on-site risk management visits at facilities across the country, touching every acuity level within the long-term care spectrum. As a nationally recognized presenter for health care associations on current trends and best practices in the long-term care industry, Ms. Szumlinski is the author of hundreds of best-practice bulletins, in-service modules, and has hosted hundreds of risk management seminars across the country. Respected for success in assisting facilities in achieving and maintaining regulatory compliance, Ms. Szumlinski served two terms as an Associate Board Member for NCAL, is a member of the AHCA Survey/Regulatory Committee and served as a team leader for the AHCA/NCAL Quality Award program for 8 years. Ms. Szumlinski is the Nurse Planner for HealthCap Risk Management’s American Nursing Credentialing Center’s (ANCC) accredited education program.
John P. Hessburg
JD, The Kitch Law Firm
Kitch Drutchas Wagner Valitutti & Sherbrook
John Hessburg leads the Senior Living Practice Group at The Kitch Law Firm. He began his career with the Kitch firm as a law clerk in 1984. His experience extends to all aspects of state and federal regulation of Senior Living Providers, national coordination of medical device liability cases and medical malpractice defense litigation. Since establishing the firm’s senior living practice, he has built a multidisciplinary practice that focuses on the myriad of challenges his clients face on a daily basis, which include general healthcare and regulatory compliance, corporate compliance, federal and state administrative law, defense of state and federal false claim actions, as well as professional negligence claims.
Mr. Hessburg received his J.D. from Columbus School of Law, Catholic University of America, where he was the Managing Editor of the Journal of Contemporary Health Law and Policy. He also received a Bachelor of Arts in Business and Economics from St. John University, where he was a four-year All American swimmer and an NCAA Merit Scholarship recipient.
He has been working with HealthCap® since it wrote its first policy over 20 years ago.