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Non-Compliance With the Affordable Care Act (ACA) Remains a Risk for Long-Term Care Facilities
Date:6/21/2013

acilities: Section 6102(b)(1) of the ACA states, “on or after the date that is 36 months after March 23, 2010, the date of the enactment of this section a facility shall, with respect to the entity that operates the facility (in this subparagraph referred to as the `operating organization' or `organization'), have in operation a compliance and ethics program that is effective in preventing and detecting criminal, civil, and administrative violations under this chapter and in promoting quality of care consistent with regulations developed under paragraph (2) [of Section 6102(b)].”2

Paragraph (2) of Section 6102(b), however, includes fairly ambiguous language, as Healthcare Consultant & Strategist Kendall Brune, PhD, MBA, LNHA, Fellow in the American College of Healthcare Administrators, commented: “The ACA charges long-term care facilities with accountability for developing compliance and ethics programs, and it states that promulgation of the regulations ‘may include a model compliance program.’ The Department of Health and Human Services is still working diligently to define such a model, so facility administrators are faced with adhering to regulations that are not yet precisely defined. It is not a new practice for the federal government to implement a new requirement without defined Standard Operating Procedures (SOPs). As Administrators, we must focus on best practices in the area of compliance. Clearly, those of us responsible for ACA compliance need a reliable resource that can help ensure facilities comply with the full possible extent of ACA mandates.”

Compliance Auditing and Program Documentation by GCT365

Grady and his team at Kaegem have created a comprehensive compliance system, known as the Global Compliance Tracker, or GCT365, which features powerful software that allows a given facility’s compliance officer to seamlessly implement and document an effective compliance and ethics program. Further meeting the need fo
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