Together With

Good morning.  Last week we featured the first half of our interview with an attorney who makes a living suing nursing homes.

If you missed it, check it out here.

This week we're sharing the rest of the conversation.

I sit down with the enemy.

I must start by stating that none of this is legal advice and should not be perceived as legal advice.  However, it is interesting and comes with many great takeaways. There's so much content to fit in I split it up into two newsletters.  

Let's dive into part 2.

What about "quality assurance and process improvement" protections? Aren't documents and investigations part of your QAPI process not discoverable?

Quality Assurance and Process Improvement (QAPI) protections are designed to protect the confidentiality of documents and information related to quality assurance and process improvement activities.  These protections vary from state to state, but they generally include the following:

• Confidentiality: QAPI activities must be conducted confidentially.  This means that only those who need to know about the activities should be aware of them.
• Non-disclosure: Participants in QAPI activities are prohibited from disclosing the information they learn during the activities to anyone who is not authorized to receive it.
• Exemption from discovery: Documents and information created or generated during QAPI activities are generally exempt from lawsuit discovery.

It is important to note that QAPI protections are not absolute.  In some cases, a court may order the disclosure of QAPI documents and information if the court finds that the need for disclosure outweighs the need for confidentiality.

What do QAPI documents need to be written on them as a disclaimer to protect them?

QAPI documents need to have a disclaimer stating that the information contained in the document is confidential and is being shared for the sole purpose of quality assurance and process improvement.  The disclaimer should also note that the information in the document is not intended to be used for any other purpose, such as legal discovery.

Here is an example of a disclaimer that can be used on QAPI documents:

"Confidential and Proprietary

This document contains confidential and proprietary information of [Company Name].  The information in this document is being shared for the sole purpose of quality assurance and process improvement.  The information in this document is not intended for any other purpose, such as legal discovery.

By accessing this document, you agree to keep the information confidential and use it only for quality assurance and process improvement.  You agree not to disclose the information to any third party without the express written consent of [Company Name].

If you violate this agreement, you may be subject to disciplinary action, up to and including termination of employment."

It is important to note that the disclaimer should be tailored to the organization's specific needs.  An attorney can help you draft a disclaimer appropriate for your organization.

If your legal Counsel sends you an email requesting that you complete an investigation, does that request from your attorney automatically protect the investigation?

No, an email request from your attorney does not automatically protect the investigation.  The attorney-client privilege and the work product doctrine are legal doctrines that protect certain communications and documents from disclosure.  However, these doctrines are not absolute.  In some cases, a court may order the disclosure of documents and information that are protected by these doctrines.

In order for the attorney-client privilege or the work product doctrine to protect an investigation, the investigation must be conducted in a confidential manner, and the documents and information created during the investigation must be kept confidential.  The attorney-client privilege protects communications between an attorney and their client.  The work product doctrine protects documents and information that are prepared in anticipation of litigation.

As an attorney who makes a living Off of suing skilled nursing homes, what do you see that often signifies dollar signs in your eyes?

As an attorney who makes a living off of suing skilled nursing homes, I don't see dollar signs in my eyes.  I see people who have been harmed by the negligence of others.  I see families who have been devastated by the loss of a loved one.  I see the need for justice.

I am passionate about my work because I believe everyone deserves to be treated with dignity and respect, regardless of age or condition.  I believe that everyone has the right to quality care.  And I believe that those who have been harmed by the negligence of others deserve to be compensated for their losses.

When I see a case that I believe has merit, I am motivated by the desire to help my clients get the justice they deserve.  I am not motivated by money.  I am inspired by the desire to make a difference in the lives of others.

I know some attorneys see dollar signs in their eyes when they think about suing skilled nursing homes.  But I am not one of those attorneys.  I am an attorney who is passionate about helping people.  And I believe that everyone deserves to be treated with dignity and respect.

Together with ARC

ARC (Audit-Review-Correct) is an innovative, web-based auditing tool, created by LTC Integrity and offered by Prime Care Technologies, that helps nursing facilities ensure QAPI compliance and improve quality of care. Developed by a team of highly experienced nurses, executives and attorneys, ARC is a provider-created software that satisfies the industry’s critical need for an automated, QAPI management platform that saves SNF leaders time and resources and minimizes the serious legal and financial risks of federal non-compliance.

Visit http://www.ltcintegrity.com for more information.

About Prime Care Technologies
Since 2003, Prime Care Technologies has offered long-term care providers flexible hosting, managed services, and cloud software tailored to their needs. This Atlanta-based company has 150 employees and 200+ healthcare/IT partnerships, and its technology-driven solutions are installed in more than 7,500 facilities. In addition to its multi-vendor interoperability expertise, Prime Care Technologies offers a data warehouse and claims clearinghouse that integrates 70+ healthcare applications and 3,500+ EDI payers. Visit http://www.primecaretech.com for more information.

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