working for a small home care agency, worried about my liability

Nurses General Nursing

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Hi, I am the "QA Nursing Supervisor" of a small home care agency. Sometimes i get concerned about my own liability with this agency. We are a registry only, do not have any full time staff nurses. I check all paperwork, sign all POT's, 485's, etc, supervise scheduling of field staff, inservices. I have survived one Medicare audit, and now am facing a private insurance audit. Before this job i was a field nurse. I have no peers to collaborate with. Sometimes it makes me feel nervous and although no patient care is comprimised, thus far, i worry about if something ever went wrong, how responsible i would be for other professionals actions, or for my administrator's decisions. (some of which i do not agree) I would really appreciate input and also any direction anyone could give me as far as where i could direct more specific questions about specific situations. I looked at the ANA, but that does not look like the place. I do have professional , but have not called them with any of my questions yet. Thanks for your input

Specializes in Case Management, Home Health, UM.

Here are a couple of resources you might want to try:

http://www.myhomehealth.com/mhh/index.jsp

http://www.nahc.org/

There is a member of this BB who goes by the moniker "Nurseattorney" This sounds like a question for her. Perhaps you could get her attention to this post by sending her a PM.

I have to preface this by saying that the answers to your concerns depend to a degree on state nursing law and rules and your specific questions and attending facts.

Here are some guidelines. You are responsible for an accurate and timely review of the information submitted for payment as you are signing the 485's, ect . You are accountable for the information included in the documents that you sign. Talk to your administrator about your concerns. Also as a QA supervisor you want to in-service the "staff" on documentation, theft, fraud and abuse issues, Medicare COP, etc. Licensed professionals are held accountable and responsbile for their own actions however you are signing documents where the "staff" gather the information/data. That's where the in-servicing and training comes into play. Let your "staff" know what the expectations of the position are by reviewing the job descriptions and reinforcing with in-servicing and training. You can always bring in a consultant for the training if you feel that its outside your area of expertise. You can also suggest to your administrator that your facility conduct a legal audit, which may identify issues of concern (maybe some of the same issues that you are concerned about now). Keep your professional although you are protected under the facility's policy (assuming of course that it has a policy) in the event of a nursing negligence lawsuit (civil), the policy will provide you with protection in the event that a complaint is filed with the Board against you (administrative). I don't know what state you reside in, but you can always contact a nurse attorney in your state to further discuss the facts/issues and your areas of concern as well. Suggest a legal audit of the facility and/or work with outside legal counsel that the facility uses.

This information is not intended as legal advice. For legal advice, contact your health law attorney.

thanks to those who replied with info and help. I appreciate your input! It is nice to know about this board

thanks again

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