Clarification on OLC Reporting Guidelines

Carrie Eddy, Senior Policy Analyst with the Office of Licensure and Certification (OLC), has responded to a concern raised at the June NFAC (Nursing Facility Advisory Committee) meeting over the two OLC guidelines offering assistance to facilities for investigating and reporting misconduct towards individual residents.  The two Guidelines, “Facility Internal Investigations of Abuse, Neglect, and Misappropriation of Resident Personal Property,” Revised October 2006, and the Revised June 2008 guidance on “Reporting Abuse, Neglect or Misappropriation of Resident Personnel Property or Facility Reported Incidents (FRI)” do not currently appear on the OLC website.  According to OLC, the Guidelines are NOT a replacement for following state or federal law or regulations; they are supportive materials to assist facilities comply with laws and regulations.
OLC has reminded us of the following:

  •  A Guideline is not a substitute for following the law and/or applicable regulations;
  •  A deficiency is cited when a facility has failed to follow the (i) law, (ii) applicable regulations or (iii) any relevant guideline (in that order);
  •  Citing a guideline is not justification for failure to follow the law or regulations.

At this time, Carrie Eddy and OLC supervisors are working to strengthen the introductory language in the guidance documents to clear any misunderstandings between law, regulation or guideline.  We will keep providers updated as information becomes available on the guidelines.