by hospicekeys | Dec 10, 2024 | Clinical Compliance, Compliance and Regulatory - Directors, Human Resources, Keys to Compassionate Care, Regulatory Compliance
When an employee brings forward a compliance concern, they’re engaging in what the law defines as protected activity. This might involve reporting a potential violation of hospice regulations, concerns about Medicare fraud, or even raising issues about unsafe working conditions. These are rights guaranteed under various laws, like the False Claims Act, OSHA protections, and Title VII of the Civil Rights Act, which protect employees who speak up.
In responding to employee concerns, there is a fine line between addressing workplace concerns and crossing into retaliation territory. Retaliation isn’t always a blatant act of revenge. Sometimes, it’s more subtle, even subconscious. Sometimes management at the hospice agency may feel frustrated or betrayed by an employee’s complaint and – without realizing it – allow those feelings to influence their decisions. Maybe the employee was already struggling with performance, or maybe there were pre-existing tensions on the team. But when an adverse action—like firing, demotion, or cutting hours—happens shortly after a complaint, it’s easy for that decision to be seen as retaliatory, even if it wasn’t intended that way.
What is Retaliation?
To clarify what retaliation means, it’s any adverse action taken against an employee because they engaged in protected activity. Timing is a major red flag here. If an employee files a compliance report and is terminated shortly after, it raises questions. Even if you feel justified in your decision, the timing alone can look suspect to a court, regulatory agency, or even the employee’s peers.
What are the Consequences of Retaliation
And the consequences for retaliation? They’re not just legal—they’re also reputational. If a claim is brought against an agency, the agency could face:
- Reinstatement of the employee to their position, even if you’ve moved on.
- Back pay, damages, and legal fees, which can quickly add up.
- Regulatory scrutiny, which might open the door to deeper investigations into the agency’s practices.
- And, perhaps most damaging, the perception that we don’t care about compliance or employee rights. That’s not a message we can afford to send.
From the employee’s perspective, they have a number of options if they feel they’ve been retaliated against. They might file a complaint with OSHA, EEOC, or state regulators. They could seek legal action for wrongful termination or take their concerns to external auditors or even the media. Once that door is opened, the hospice agency loses control of the narrative.
How Can You Avoid Retaliatory Behavior?
So, what can you do to avoid even the appearance of retaliation? Here’s are some suggestions:
- Document everything: If there are performance concerns or other issues unrelated to the complaint, make sure there’s a clear, consistent record. This documentation can be your best defense.
- Separate decision-making: If you’re in the middle of handling a compliance complaint, let someone outside the situation—like your compliance officer or HR—review any proposed actions against the employee.
- Follow established protocols: Deviating from your normal policies, especially when dealing with someone who has raised a complaint, can make it look like you are targeting them.
- Train your leaders: Everyone in management needs to understand what retaliation looks like and how to avoid it.
Leadership sometimes expresses concerns about employees “stirring up trouble” or raising issues for self-protection. But the law doesn’t distinguish between “valid” and “troublesome” complaints. Protected activity is protected activity, full stop.
Take a step back. If you’re ever considering taking action against an employee who has engaged in protected activity, discuss it first with your HR or compliance team. Together, you can ensure the decision is based on legitimate, well-documented reasons and not influenced—even unconsciously—by the complaint itself.
At the end of the day, your goal is to serve patients and families with integrity and compassion. That means creating a culture where employees feel safe to speak up about compliance issues without fear of retaliation. Protecting that culture isn’t just about avoiding lawsuits—it’s about doing what’s right for your team, your agency, and the people you care for.
by editor | Dec 8, 2024 | Blog, Keys to Compassionate Care
Reopening of prior year CAP calculations is always difficult to manage and is one of the dreaded letters that you may receive any year. It’s difficult enough to manage CAP during a given CAP year, but you also need to efficiently estimate CAP for patients who move between hospice providers so that you can estimate your risk of CAP overage and associated estimated overpayments.
The OIG released an audit of CGS’ cap calculation process for the 805 hospices that operated in CGS’s jurisdiction. Of these, 61 had net cap overpayments totaling $9.1 million for cap year 2020.
As part of the audit, the OIG reviewed the templates used to calculate aggregate cap amounts and selected 45 hospices to determine whether CGS followed its processes and whether the calculations in the templates were accurate.
The audit identified that CGS accurately calculated the initial 2020 cap amounts for all 805 hospices and collected or attempted to collect the $9.1 million in cap overpayments in accordance with CMS requirements.
For the the 45 selected hospices, the audit revealed that CGS did not reopen and recalculate most hospice caps for prior cap years (i.e., 2017, 2018, and 2019) resulting in lost collections of overpayment for these prior years. (CAP calculations may be reopened for up to three years.)
As a result, the OIG recommended actions that would increase CGS’ compliance with the policy of reopening prior year CAP calculations.
Hospice agencies operating in the CGS jurisdiction should take note of the results of this audit as it will likely result in increased identification of CAP overpayment demands in upcoming years.
For Additional Information
Link to full OIG report: https://tinyurl.com/ym3vu3ez
Video: Hospice CAP and key indicators for hospice CAP risk
by editor | Mar 24, 2024 | Blog, Keys to Compassionate Care
In recent years, there has been a growing interest in exploring alternative therapies for patients in hospice care, and one such option that has gained attention is the use of marijuana. This controversial topic raises important questions about the potential risks and benefits associated with integrating marijuana into end-of-life care. In this blog, we will delve into the complexities surrounding marijuana use in hospice settings, considering both the potential advantages and drawbacks.
Benefits of Marijuana in Hospice Care
- Pain Management: One of the primary reasons marijuana is considered in hospice care is its potential to alleviate pain. The cannabinoids in marijuana, particularly THC and CBD, have been shown to have analgesic properties, providing relief for patients grappling with chronic pain associated with terminal illnesses.
- Appetite Stimulation: Patients in hospice care often face challenges such as loss of appetite and weight loss. Marijuana has been known to stimulate appetite, commonly referred to as the “munchies.” This effect can be particularly beneficial for patients who struggle with maintaining a healthy weight during their final stages of life.
- Nausea and Vomiting Control: Cancer treatments and certain illnesses can induce severe nausea and vomiting. Marijuana, especially strains rich in CBD, has demonstrated antiemetic properties that can help alleviate these distressing symptoms, improving the overall quality of life for patients.
- Anxiety and Depression Relief: Facing the end of life can be emotionally challenging for both patients and their families. Marijuana has shown promise in reducing symptoms of anxiety and depression, offering a sense of calm and tranquility during a difficult time.
Risks of Marijuana in Hospice Care
- Cognitive Impairment: One of the well-known side effects of marijuana use is cognitive impairment. In hospice care, where maintaining clarity of thought and communication is crucial, the potential for marijuana to cause confusion and memory issues may be a concern.
- Respiratory Issues: Smoking marijuana can have adverse effects on the respiratory system, which is especially problematic for patients with pre-existing respiratory conditions. Alternative methods of consumption, such as edibles or tinctures, may be considered to mitigate this risk.
- Drug Interactions: Marijuana can interact with other medications, potentially altering their effectiveness or intensifying side effects. Hospice patients often take multiple medications, and the introduction of marijuana should be carefully monitored to prevent any adverse interactions.
- Legal and Ethical Considerations: The legal status of marijuana varies globally and even within certain regions. Hospice care providers must navigate complex legal and ethical landscapes when considering marijuana as part of a patient’s treatment plan.
Conclusion
The integration of marijuana into hospice care remains a nuanced and controversial topic, with both potential benefits and risks. While it has shown promise in addressing pain, appetite loss, and emotional distress, concerns about cognitive impairment, respiratory issues, drug interactions, and legal considerations must be carefully weighed.
Open communication between healthcare providers, patients, and their families is paramount to ensure that any decision aligns with the patient’s overall well-being and end-of-life goals. As the landscape of medical marijuana evolves, ongoing research and a compassionate approach to care will help guide its appropriate use in hospice settings.
by editor | Mar 23, 2024 | Keys to Compassionate Care
Outside my office door right now, a group is meeting and discussing what they miss about their loved ones. There is a reality that everyone dies and that everyone who has ever loved will grieve. So if that is the inevitable, how is hospice shifting the way we treat the dying days? The mere mention of the word “hospice” can evoke fear and discomfort in many individuals. Often misunderstood, hospice care is a critical and compassionate approach to end-of-life care that prioritizes the physical, emotional, and spiritual well-being of patients and their families. In this blog, we aim to dispel common misconceptions and shed light on the true essence of hospice care.
Hospice does not hasten death:
Hospice care does not aim to hasten or postpone death. Instead, it provides comprehensive support to enhance the quality of life during the natural progression of a terminal illness. The focus on comfort and symptom management helps patients experience a peaceful and dignified end-of-life journey.
Hospice is about living fully until the end:
What if you knew you only had days to live? Would you treasure that time? Contrary to the belief that hospice care is a place where people go to die, it is fundamentally about helping individuals live their remaining days to the fullest extent possible. Hospice professionals work collaboratively with patients and their families to manage symptoms, control pain, and promote emotional well-being, enabling patients to cherish meaningful moments with loved ones.
Individualized care plans:
Hospice care is highly individualized, tailored to meet the unique needs and preferences of each patient. It is not a one-size-fits-all approach but rather a comprehensive plan that addresses the physical, emotional, and spiritual aspects of end-of-life care. This personalized approach ensures that patients receive the support and comfort that aligns with their values and goals.
Family-centered support:
Hospice care extends beyond the patient to embrace their family members. The focus is on creating a supportive environment that helps families navigate the complexities of terminal illness, providing counseling, education, and practical assistance. The goal is to empower families to cope with the emotional challenges they may face during this difficult time.
Dignity and comfort are priorities:
Maintaining a patient’s dignity and ensuring their comfort are at the core of hospice care. The interdisciplinary team, which may include physicians, nurses, social workers, chaplains, and volunteers, collaborates to address the physical, emotional, and spiritual needs of the patient. This holistic approach fosters an atmosphere of respect and compassion.
In dispelling the fear surrounding the word “hospice,” it is crucial to recognize the compassionate and person-centered nature of hospice care. By understanding that hospice is about celebrating life, providing comfort, and supporting families, we can shift the narrative and encourage open conversations about end-of-life care. Choosing hospice is not a surrender but a decision to embrace a holistic and dignified approach to the final chapter of life’s journey.
