Sunday, October 26, 2008

All about IDR

There are two processes in place for challenging surveyor findings: formal appeals (which is used primarily for getting rid of civil monetary penalties) and informal dispute resolution. Informal dispute resolution is used primarily to get F tags taken off the record when the allegation of deficiencies doesn't actually represent an actual deficiency. It can also be used to challenge the scope and severity of quality of care deficiencies. It cannot used to challenge deficiencies on a follow up survey that have been cited on a previous survey, for scope and severity on F tags that do not fall within the quality of care domain OR represent an immediate jeopardy, to challenge remedies levied by the state or federal government, procedural violations on the part of the surveyors, or alleged inconsistency in the way that two different facilities were surveyed. In order for an IDR to be successful (and they rarely are -- less than 20% of the time), you have to either show that the alleged deficiency is not actually a violation (although the state survey agency may label this as a procedural violation and then disqualify your claim) or that there is documentation to support the facility's position that was not reviewed by the surveyor at the time.

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