In The News

NSO: Nurses Malpractice Claim Report Key Learnings

September 28, 2020

  1. NSO and CNA provide malpractice insurance to more than 500,000 nursing professionals. In 2020 they released their fourth nurses’ malpractice claim report.  The report includes a 5-year analysis of malpractice claims and license defense matters. Nurses can use the report’s findings and risk education recommendations to reduce potential liability.  Get your free copy of the Nurse Professional Liability Claim Report.
  2. According to the 2020 Nurse Claim Report produced by NSO and CNA, the average cost of a malpractice claim against a nurse is $210,513.  This is an increase from $201,670 in the 2015 report.  Get your free copy of the NSO Nurse Claim Report: 4th Edition.
  3. While less than 1% of medical malpractice claims are against student nurses, when they are sued the results can be severe, with an average claim cost of $309,835.  Registered Nurses (86.8% of all closed malpractice claims with paid indemnity ≥$10,000) and LPNs (12.8%) experience more frequent malpractice claims, but their average costs are less, $208,636 and $219,871 respectively.  To learn more, download your free copy of the latest NSO Nurse Claim Report.
  4. Since NSO released their first claim report in 2007, improper care or treatment has been the most common category of malpractice allegations made against nurses, accounting for more than half of all claims.  The allegation category that has seen the greatest increase over time is unprofessional conduct, increasing from 7% to 14.3% of all claims.  Learn how to reduce your risks with the new NSO Nurse Claim Report.
  5. Over the years, patient care has shifted from the hospital to the patient’s home.  In 2011, 20.2% of nurses’ malpractice claims occurred in hospital inpatient medical services.  Today, 6.6% occur there.  Conversely, 8.9% of claims occurred in the patient’s home in 2011, while today 21.8% of claims occur at the patient’s residence.  Find out how to reduce your liability with the NSO Nurse Claim Report.
  6. With more care being delivered in patient’s homes, malpractice claims against home care nurses have increased from 8.9% of all claims in 2011 to 20.7% in 2020.  Over this same period the frequency of claims against med/surg nurses dropped from 40.1% in 2011 to 18.5% in 2020.  Find out more in the NSO Nurse Claim Report: 4th Edition.
  7. Infants injured during delivery can require lifelong care, making the malpractice claims against obstetrics nurses the most severe ($558,007 average).  The three next most severe nurses’ malpractice claims occur in post-anesthesia care ($384,912), behavioral health ($228,518), and correctional health ($219,924).  Learn how you can reduce your risks with the NSO Nurse Claim Report.
  8. Since 2007, when NSO and CNA began analyzing malpractice claims against nurses, the most common injury that results in litigation is patient death.  The latest analysis found that patient death accounts for 40.9% of all malpractice lawsuits against nurses.  In 47.3% of these cases, the underlying cause of the fatality is cardiopulmonary arrest.  To learn how to reduce malpractice risks read the NSO Nurse Claim Report.
  9. Licensing board complaints may be filed against nurses for a variety of reasons.  A patient injury is not required.  One third (32.5%) of licensing complaints are due to unprofessional conduct.  Another 25% of complaints are related to nursing practice.  Documentation errors and improper treatment make up another 19%.  Find out more in the NSO Nurse Claim Report.
  10. 55 percent of licensing board complaints filed against nurses result in some action being taken by the State Board of Nursing.  Types of actions include probation, fines, surrender of their nursing license, license suspension, and license revocation.  Learn more in the NSO Nurse Claim Report.
  11. The average cost for a lawyer to defend a nurse in a State Board of Nursing matter is $5,330.  That’s a 33.7% increase since 2015 ($3,988) and a 58.9% increase since 2011 ($3,353).  To learn more, download the NSO Nurse Claim Report.

 

 

COLORADO's NEW FLUOROSCOPY RULES FOR APRNs

September 8, 2020

If you are using fluoroscopy in Colorado you must apply to the Colorado Department of Public Health (CDPHE) - Radiation Control for certification. This is required starting in 2021, whether you're pushing the button or supervising a radiation technologist. 

For those who obtained a waiver from the state you must complete the R50 only( form below) and put in bold letters that you already have a waiver from the state. 
If you do not have a state waiver you must: 

Meet the training requirements- 
1. Has completed a course that includes at least forty (40) hours of education on topics that include, but are not limited to, radiation physics, radiation biology, radiation safety and radiation management applicable to fluoroscopy;
and,
2. Has completed forty (40) hours of clinical experience in the use of fluoroscopy for guidance in diagnostic and therapeutic procedures
Apply using form R50 and form R51, submit the fees and supply documentation of training, CDPHE will notify AART you are eligible to test. 
After you have met the training requirements and applied to CDPHE,  you can sit for the fluoroscopy ARRT test 
Once this test is completed you will be authorized to operate and supervise fluoroscopy in Colorado. 
References:
If you have any questions please contact Lisa Pearson at:
719-371-0100
or 

 

 

ANA Seeks Public Comment on Nursing: Scope and Standards of Practice, Fourth Edition

August 24, 2020

ANA seeks public comment on the Draft Nursing: Scope and Standards of Practice, Fourth Edition. The working group has revised the definition of nursing, extensively reorganized the scope of practice statement and included a new representation of the nursing process and two new models, added new Standard 8 Advocacy and its accompanying competencies, and reordered the Standards of Professional Performance. Your input on all the changes intended to enhance readability and usability will provide critical guidance for the final revision of this foundational nursing publication. Please access the draft document and provide comments and recommendations by the closing date of September 16, 2020, at:  https://www.nursingworld.org/get-involved/share-your-expertise/call-for-public-comment/

 

 Stakeholder Forums: Telehealth Options in Home and Community-Based Services (HCBS) Waivers

August 26, 2020

The Department of Health Care Policy & Financing (Department) invites all interested stakeholders to provide comments and questions on telehealth options in home and community-based services (HCBS) waivers.
 
Background
The Department has revised service provisions in HCBS in response to the COVID-19 Public Health Emergency (PHE). The Department has provided guidance to providers and stakeholders through Operational Memos (OM) on this topic. The Department has allowed the provision of select HCBS services through telehealth, as an optional service delivery method, to help ensure the health and safety of members. Please review OM 20-046 for further information.
 
As the Department looks to the future of HCBS post-COVID-19, the Department intends to sustain certain service provision changes, including telehealth options for HCBS.
 
Stakeholder Engagement Opportunities
The Department seeks to engage with Providers and Members through a series of stakeholder meetings to work towards implementing and operating telehealth options in HCBS waivers. The Department plans to continue collaborating with stakeholders on this topic. Stakeholders interested in this topic are encouraged to hold the date for the following engagement opportunities:
 
Stakeholder Engagement Opportunities for
Telehealth Options in HCBS Waivers
 
Webinar and Call-in information for all events below:
Call in: (720) 279-0026 or (877) 820-7831, code: 303146#
 
Date and Time:
Wednesday, Sept. 9
2 p.m. - 4 p.m. MST  
 
Purpose:
General member stakeholder meeting to gather information on telehealth operations and take member feedback. 
 
 
Date and Time:
Tuesday, Sept. 15
1 p.m. - 3 p.m. MST  
 
Purpose:
Targeted provider engagement to review HCBS including:
  • Behavioral Services (Line Staff, Counseling, Consultation, Assessment) (SLS/DD),
  • Behavioral Counseling, Mental Health Counseling and Substance Abuse Counseling (Group, Individual) (BI),
  • Movement Therapy (CES, CHRP, SLS),
  • Expressive Therapies (CLLI),
  • Therapeutic Life Limiting Illness Support (CLLI),
  • Bereavement Counseling (CLLI),
  • CHRP Wraparound Intensive and Transition Services (CHRP),
  • Palliative and Support Care (CLLI).
This meeting will include a rates presentation and opportunity for feedback.
 
 
Date and Time:
Tuesday, Sept. 22
1 p.m. - 3 p.m. MST 
 
Purpose:
Targeted Provider Engagement to Review HCBS including:
  • Peer Mentorship (SLS, DD, EBD, CMHS, SCI),
  • Specialized Habilitation (DD, SLS),
  • Prevocational Services (SLS, DD),
  • Supported Employment (Job Coaching and Job Development) (SLS, DD),
  • Adult Day (Basic, Specialized) (CMHS, EBD, and SCI),
  • Community Connector (CES, SLS),
  • Day Treatment (BI),
  • Independent Living Skills Training/Life Skills Training (BI, EBD, SCI, CMHS, SLS).
This meeting will include a rates presentation and opportunity for feedback.


Date and Time:
Tuesday, Oct. 20
1 p.m. - 3 p.m. MST 
 
Purpose:
General stakeholder meeting to summarize feedback received and present draft regulations related to telehealth in HCBS. 
 
 
 Date and Time:
Tuesday, Oct. 27
1 p.m. - 3 p.m. MST
 
Purpose:
Final Provider/Member stakeholder meeting to review final rates presentation, draft waiver application changes, and draft regulations incorporating provider and member feedback for telehealth in HCBS.
 
Please send any comments, suggestions or questions for consideration prior to the scheduled engagement opportunities to the Department HCBS Waiver inbox.
 
Office of Community Living Stakeholder Engagement Page:
 

Department COVID-19 Information Page: 
 

CMS Regional Office Community Health Access and Rural Transformation (CHART) Model

August 14, 2020

CHART Model Overview Webinar

August 18, 2020; 1:00 – 2:30 p.m. ET

Register to attend

The Centers for Medicare & Medicaid Services (CMS) will host a webinar on August 18, 2020 to provide an overview of the Community Health Access and Rural Transformation (CHART) Model.

The CHART Model will test whether upfront investments, predictable capitated payments, and operational and regulatory flexibilities will enable rural health care providers to improve access to high quality care while reducing health care costs.

During the session, the CHART Model team will present on key aspects of the Model, including its objectives, eligible participants and their roles, payment options, and timeline. The forum will also provide an opportunity for potential applicants to ask the CHART team questions regarding these topics.

Following the event, presentation materials will be available on the CHART Model webpage (https://innovation.cms.gov/innovation-models/chart-model).

 
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