Addressing Substandard Care Issues

Administrator Investigation Resulting from Facility Receiving Finding of Substandard Quality Care.

Policy Statement:  It is the policy of the North Dakota Board of Examiners for Nursing Home Administrators to determine if disciplinary action needs to be taken on an administrators’ license if the Board has been notified by the regional office or the State Department of Health of a finding of substandard quality care.

Procedure:  The Chair of the North Dakota Board of Examiners for Nursing Home Administrators will receive a copy of the CMS 2567 from the Department of Health. The Chair will communicate with the Department of Health to clarify the nature of the deficiencies and report the notice of substandard care to the Board. The Chair will then determine if further investigation is required. Should additional investigation be indicated, the Chair will notify the administrator that an investigation will be done and a time and date will be determined. All Board members will be informed and an investigation committee consisting of two Board members will be appointed to do an onsite investigation.

After the team completes their investigation, they will report to the full Board of Examiners and a recommendation will be made regarding how to proceed. The administrator and any involved authorities will be informed of the determination.

The North Dakota Board of Examiners for Nursing Home Administrators will consult with legal counsel on procedures.

Policy and Procedure acted upon at the October 13, 1994 Board Meeting; Revised upon Board action at the July 13, 1995 Board Meeting; Revised upon Board action at the July 13, 2000 Board Meeting.

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Complaints  

Policy Statement:  It is the policy of the North Dakota Board of Examiners for Nursing Home Administrators to review all complaints presented in writing to the Board. Procedure:  A written acknowledgment of the complaint will be sent to the complainant from the Board Chair and a copy of the complaint will be forwarded to the Administrator. Any written complaint against an administrator presented to the North Dakota Board of Examiners for Nursing Home Administrators, will be distributed to all members of the Board. The Board will determine if there is merit to the complaint. If the complaint is substantiated and the offense is such as to warrant disciplinary action, appropriate action as determined by the Board will be taken and the administrator and any involved authorities will be informed of the determination.

Should the Board determine that the complaint is unsubstantiated or frivolous in nature, no disciplinary action will be taken.

Nursing Home Administrators
National Examination Policy

Policy Statement:  It is the policy of the North Dakota Board of Examiners for Nursing Home Administrators to offer the NAB Nursing Home Administrators test through Computer Based Testing. The fee is to be paid directly to NAB.

The NAB national examination may also be taken for the purpose of recording the score without obtaining a license. A record of the test score will be kept for purposes of licensure at a later date or reported to another nursing home administrator licensing board upon request from the individual.

As of January, 2000, the NAB Nursing Home Administrators Exam is computerized. See attachment on Computer Based Testing.

The North Dakota Board of Examiners for Nursing Home Administrators will consult with legal counsel on procedures.

Policy and Procedure acted upon at the July 13, 1995 Board Meeting; Revised upon Board action at the July 13, 2000 Board Meeting.

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Nominating Committee

Policy Statement:  A nominating committee, appointed by the Chairperson, shall make nominations for these offices prior to the July meeting in even numbered years. Election takes place at the July meeting and the duties are assumed at the first meeting of the following year. These provisions are contained in the minutes of the February 24, 1972 Board Meeting.

The officers of the Board shall be the Chairman, Vice Chairman, and the Secretary/Treasurer, each of whom shall be elected for a two-year term; that the Chairman cannot succeed himself; that a nominating committee shall be appointed by the Chairman previous to the last meeting of the year; that election of officers shall take place during the last meeting of the year; and that the new officers will take office during the first meeting of the calendar year.

Procedure:
Duties of the Board are:

1. The Chairperson presides at all meetings of the Board, and signs all official documents of the Board.

2. In the absence of the Chairperson, the Vice-Chairperson presides at meetings, and performs all of the duties usually performed by the Chairperson.

3. The Secretary/Treasurer, with assistance as may be required, keeps a record of the minutes of the meetings, notifies the members of the Board meetings and maintains the files of all administrators in North Dakota (the Board may employ an employee to assist with the performance of its duties). The Secretary/Treasurer conducts all routine correspondence for the Board, receives all money payable to the Board and keeps such financial records as are approved by the Board.

The North Dakota Board of Examiners for Nursing Home Administrators will consult with legal counsel on procedures.

Policy and Procedure acted upon at the July 13, 1995 Board Meeting; Revised upon Board action at the October 5, 1998 Board Meeting; Revised upon Board action at the July 13, 2000 Board Meeting.

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Professional Courtesy  

Policy Statement: When a person/company requests a copy of the contents of a file of a licensed administrator, it is the policy of the North Dakota Board of Examiners for Nursing Home Administrators to send a copy of the request to the administrator of whom the request was made. The North Dakota Board of Examiners for Nursing Home Administrators will only send a copy of the contents of a file upon written request by the administrator of whom the request was made.

The North Dakota Board of Examiners for Nursing Home Administrators will consult with legal counsel on procedures.

Policy and Procedure acted upon at the May 9, 1997 Board Meeting; Revised upon Board action at the July 13, 2000 Board Meeting.

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Policy for Releasing Information  

Policy Statement:  The North Dakota Board of Examiners for Nursing Home Administrators policy for releasing information in accordance with North Dakota Open Meetings, Open Records Laws is as follows:

Upon request of public records, the North Dakota Board of Examiners for Nursing Home Administrators will furnish the request or one copy of the public records requested. A charge will be assessed for postage and copying expenses at a rate of 15 cents per page.

A person requesting to review information within the office of the North Dakota Board of Examiners for Nursing Home Administrators must first schedule an appointment to do so. An appointment must be scheduled with the Executive Secretary of the North Dakota Board of Examiners for Nursing Home Administrators at 701-222-4867.

The Board shall not disclose any applicant or licensee personal information as defined in NDCC 44-14-18.1(2) with the exception of a person’s home address if the home address is the address of record.

The North Dakota Board of Examiners for Nursing Home Administrators will consult with legal counsel on procedures.

Policy and Procedure acted upon at the December 9, 1997 Board Meeting; Revised upon Board action at the July 13, 2000 Board Meeting.

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Application Review Committee  

Policy Statement:  Appointment of the Committee is made by the Chair of the North Dakota Board of Examiners for Nursing Home Administrators. Two Board Members are appointed to this committee.

Procedure:  Review questionable applications for licensure. A signature by the Application Review Committee is needed on the form used. If a member of the review committee determines the application should be denied, comments regarding the reasons must be written on the form. If the review committee does not agree on the acceptance or denial of the application, the chair of the Board will review the application.

Only completed applications, that are questionable, will be sent for review. The Application Review Committee will evaluate and return the first page of the document to the Board office. The form must have the signature, date and any comments by the Application Review Committee member. The Committee member should discard application, as original is on file in the Board office.

Investment Policy  

Policy Statement:  The policy of the ND Board of Examiners for Nursing Home Administrators is to achieve an optimum rate of return on available assets not required for current operating needs, in a manner that retains liquidity and minimizes risk.

Procedure: 
1.  Participants of the Board shall act responsibly when investing assets, considering the safety of the capital invested as well as the probable income to be derived.

2.  Investments shall be limited to Certificates of Deposit, not to exceed FDIC/insurance limits at any bank/savings institution.

3.  The maximum maturity of a deposit will be 6 years.

4.  Financial institutions with a physical location in the State of North Dakota will be selected as depositories based on but not limited to the following: financial stability, community involvement and other relevant economic criteria.

5.  The Board will review all investments for continuation a minimum of once each year.

6.  The Executive Secretary shall approve each investment and keep the Board regularly informed with the concurrence of the Treasurer and President.

7.  No employee or Board member shall receive personal gain as a result of investment decisions made by the ND Board of Examines for Nursing Home Administrators.