| Informal Dispute
Resolution
PDF Version of BQA 00-012
(PDF, 6 KB)
Date: January 24, 2000 -- DSL-BQA-00-012
To: Home Health Agencies
HHA
- 03,
Hospices HSPCE - 02,
Hospitals HOSP - 04,
Ambulatory Surgical Centers ASC - 01,
End Stage Renal Dialysis Centers ESRD - 01,
Outpatient Rehabilitation
Agencies OPRA
- 01,
Rural Health Clinics
RHC - 09
From: Beth Stellberg, Chief, Health Services Section
cc: Susan Schroeder, Director, Bureau of Quality Assurance
The purpose of this memo is to rescind BQC Memo 94-072, effective January 1, 1995,
which implemented a standardized process for informally resolving any disagreements that
entities may have with survey findings issued by Bureau surveyors. The goal of the IDR
process is to resolve differences that the entity may have with the surveyors’
findings in a timely manner outside of litigation.
A recent decision, ML-99-0112, by the Division of Hearings and Appeals (DHA) has
determined that a notice of hospital survey findings may not be appealed to DHA under
section 227.42 of the Wisconsin Statutes. Similarly, there is no language in Wisconsin
Statute Chapter 50 for appeal of survey findings for hospitals, home health agencies or
hospice providers.
The federal Health Care Financing Administration (HCFA)'s State Operations Manual
provides for informal dispute resolution of federal survey findings only in long-term care
surveys. The Bureau has been directed by HCFA Region V to discontinue the practice of
offering informal dispute resolution of federal survey findings to entities other than
long-term care facilities.
In a continuing effort to assure that survey findings are as accurate as possible, the
Bureau’s Health Services Section supervisors and Health Services Section Chief will
continue to be available to entities for consultation regarding survey findings, rules and
regulations. Entities are encouraged to contact the surveyor’s supervisor if they
believe that there are factual errors in the survey document. Although entities are no
longer required to contact the supervisor in writing within a three-day window, we request
that they call the supervisor within three days of receiving the survey findings to
discuss concerns in a timely manner. Health Services Section supervisors will attempt to
resolve differences through informal phone conferences. If desired, a conference call may
be prearranged to discuss survey findings and exchange information.
If you have any questions regarding this memo, please contact the Bureau’s Health
Services Section at (608)
243-2086.
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