AGING AND DISABILITY SERVICES ADMINISTRATION

April 3, 2001

AASA No. 01-009

SUBJECT:? Informal Dispute Resolution

Dear Nursing Home/Facility Administrator:

Residential Care Services held a meeting with stakeholders on November 15, 2000 to discuss the informal dispute resolution (IDR) process in nursing homes, boarding homes, and adult family homes.?

Representatives from all three long-term care settings were present.? A discussion of the ?Pros? and ?Cons? of the current IDR process in all three programs revealed some common themes.? It was evident that all three groups felt that the current IDR process worked well but could be improved by having a Field Manager unfamiliar with the enforcement decision conduct the IDR.? Another suggestion was to provide the opportunity for a record review or telephone IDR instead of a face-to-face IDR.?

In response, no later than April 16, 2001, RCS will move toward assigning a field manager who is unfamiliar with the statement of deficiencies to handle the IDR, if the provider initially requests this choice.? The provider must request the IDR within 10 days of receipt of the statement of deficiencies.?

The RCS Field Manager will call the licensee to schedule the IDR and to verify if they are requesting the IDR meeting be completed in person, by telephone, or by record review.? In addition the Field Manager will ask the licensee to identify who will be present and participate in the IDR meeting.? Face-to-face IDRs are encouraged.? It is at the discretion of Field Manager which type of IDR can be accommodated.

Thank you to those who participated in this collaborative process.?

Sincerely,

Patricia K. Lashway, Director

Residential Care Services

cc: Joyce Pashley Stockwell, Assistant Director
Linda Ronco, Nursing Home Enforcement Officer
Nancy Brubaker, Quality Assurance Research Program Manager
RCS Regional Administrators
RCS Field Managers