ANA lawsuit tackles HHS, JCAHO nurse staffing requirements
Accreditation Connection, June 26, 2006
The American Nurses Association (ANA) and two of its state affiliates filed a lawsuit in U.S. District Court on June 15 against the Department of Health and Human Services (HHS) claiming that HHS allows hospitals that fail to meet federal nurse staffing requirements to participate in Medicare, thereby endangering patients.
The ANA along with the New York State Nurses Association and the Washington State Nurses Association also seek to prevent HHS from allowing the private, nonprofit JCAHO, which accredits 82% of all hospitals, to use "its own, minimal standards for nurse staffing in its accreditation of hospitals," according to an ANA press release.
The lawsuit charges HHS has "unlawfully delegated its authority to JCAHO" by allowing it to use standards that are not equivalent to standards set by HHS for participation in the Medicare program. The lawsuit seeks a court order to require that HHS assures that JCAHO uses standards that are "at least equivalent" to HHS standards.
HHS and JCAHO guidelines both include requirements for nurse supervisory personnel, but the lawsuit claims they fall short. Click here to see a copy of the lawsuit.
"Our goal is . . . to ensure that hospitals participating in Medicare do not endanger the health and well-being of patients," said Barbara A. Blakeney, MS, RN, president of the ANA. "This lawsuit will make HHS accountable for ensuring that JCAHO meets the standards set out in federal law."
The JCAHO responded to the lawsuit in a press release on its Web site that included this statement: "The Joint Commission surveys to accreditation standards that meet or exceed HHS requirements. Furthermore, HHS conducts an annual review through its validation program to ensure applicability and consistency with all federal requirements for participation in the Medicare program. Numerous HHS validation surveys demonstrate the adequacy of Joint Commission standards in the area of nurse staffing."
Related Products
-
Briefings on The Joint Commission
Briefings on The Joint Commission will help you with all of your accreditation and survey preparation needs. Every month...
-
The Joint Commission Mock Tracer Made Simple
This updated edition of our annual best-seller includes new tools and case studies of successful tracers from facilities...
-
Staffing Effectiveness Data:
You've spent an enormous amount of time, money, and effort collecting staffing effectiveness data - and you can still put it...
-
Simplifying Nursing Documentation
Implement a "two-form" solution that will cut nursing documentation in half while fully complying with Joint Commission...
Most Popular
- Articles
-
- HIPAA Q&A: Level of encryption needed for email
- Q&A: Acute respiratory failure diagnosis does not require intubation
- Featured blog post: Nurses face felony charges after reporting physician to the Texas Medical Board
- HIPAA Q&A: TPO disclosures to a business associate
- What does case-mix index mean to you?
- Capturing all necessary codes for IUD insertion and removal can be challenging
- Topic: CMS, OESS post new security compliance review information, checklist
- Q/A: Coding infusions to correct low potassium levels
- Identify potential Medicaid RAC target areas
- News and briefs: Oklahoma Osteopathic Association against residency bill change
- E-mailed
-
- HIPAA Q&A: Level of encryption needed for email
- Q&A: Acute respiratory failure diagnosis does not require intubation
- Featured blog post: Nurses face felony charges after reporting physician to the Texas Medical Board
- Q/A: Coding infusions to correct low potassium levels
- CMS has reformulated payments for some bilateral procedures
- Oxygen Cylinder Storage Requirements
- Q&A: Follow CMS' coding guidelines when using modifier -25
- Hospitals are not bound by InterQual criteria for determining patient status
- Q/A: New code for image-guided minimally invasive lumbar decompression
- Understand the spine to code back procedures correctly
- Searched