New CMS Disclosure Rule Apply to Nursing Homes, Other Medical Organizations?

A couple weeks ago, we shared the new CMS rule mandating development of disclosure and apology programs in hospitals (or Candor/CRP) effective October 1, 2024.  Again, here is the operative language: "On August 28, 2024, the U.S. Centers for Medicare & Medicaid Services (CMS) will publish a new regulation that requires hospital leaders to attest to their efforts to promote transparency and accountability around medical errors. The regulation is part of the CANDOR system, which allows hospital staff to report patient safety concerns, near misses, and other issues to a Patient Safety Organization (PSO). The PSOs are listed by the Agency for Healthcare Research and Quality (AHRQ). The regulation will also require hospitals to track and report patient safety metrics to all staff and make them available for public review by patients, families, and visitors."

After publishing this essay, I had many colleagues ask if this new regulatory language will apply to nursing homes/senior living facilities, stand-alone medical practices, and other healthcare organizations.  Short answer: I do not know.  Better, common sense answer: These organizations will need to join the party.  Think about it...hospital systems are acquiring or establishing senior living centers along with medical practices and other healthcare operations.  The CMS language will likely apply to senior living facilities, medical practices, and other medical operations owned by a hospital system.  Conversely, even if you operate an independent senior living organization, how often during litigation does the PI attorney name everyone?  Your organization.  The Doctors. The Hospital.  And so on. Now, if the hospital has developed a disclosure program per the CMS mandate, but your senior living facility has not, you may be at a distinct disadvantage during litigation.  The hospital will be talking and collaborating with the family early in the process, while you will be in the traditional defensive crouch.  

Indeed, the CMS mandate should renew everyone's focus on disclosure and apology, including senior living facilities and other healthcare organizations.  Sorry Works! stands ready to help, including with our online training videos for senior living managers and other medical professoinals.  

Sincerely,

Doug Wojcieszak, MA, MS
Founder, Sorry Works
618-559-8168
doug@sorryworks.net