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CMS recently added definitions for abuse, adverse event, exploitation, misappropriation of resident property, mistreatment, neglect, person-centered care, resident representative, and sexual abuse to the State Operations Manual (SOM).
Amy Stewart, RN, DNS-MT, QCP-MT, RAC-MT, curriculum development specialist for the American Association of Directors of Nursing Services, the sister organization to the American Association of Nurse Assessment Coordination, suggests that facility leaders examine their current policies to ensure they reflect this new language. "For example, the definition of abuse discusses abuse enabled through technology," says Stewart. "In some cases, staff members may be using their phones to take photos of residents with no intention of harm; however, the new language in the SOM includes the term 'willful,' which means the individual taking the photo acted deliberately, not that the person intended to inflict injury or harm."
To avoid being cited in this area, Stewart encourages leaders to implement and uphold policies that describe inappropriate use of technology and social media.
To reflect the new definitions, policies should also include:
- Training requirements set out in §483.95
- Language regarding exploitation and misappropriation of resident property
- Coordination with QAPI program (effective in Phase 3 of CMS' regulatory updates)
- Incorporation of the Elder Justice Act requirements (effective in Phase 2 of CMS' regulatory updates)
- Expanded definitions of excluded individuals as provided in §483.12 Freedom From Abuse, Neglect, and Exploitation to be included in employment policies
Want to learn more about how to educate your staff about preventing situations of abuse and neglect, including how to screen for abuse and conduct a compliant investigation if a crime is suspected? Subscribe to PPS Alert for Long-Term Care and read the full article. This monthly digital newsletter provides practical tips, how-to-guidance, vital tools, and top industry news that tackle tough topics such as the MDS 3.0, QAPI, therapy assessment and documentation, and infection control to help your facility remain compliant and quality-focused. |
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