Immediate Jeopardy and Smoking – Ohio Recent Survey Citation

Last Friday, we posted CMS’ issuance on smoking safety to alert providers to this new survey and certification guidance. A copy of that post can be found here —->CMS Smoking Guidance.   To highlight the concerns of providers and regulators related to smoking safety, an Ohio immediate jeopardy citation was issued in July, 2011 regarding a fire started by a resident in an Ohio facility.  Cited at F323-Accident Hazards, the Ohio facility was cited for failure to appropriately supervise a resident and placing an entire facility at risk of death due to fire.  A resident set a pile of clothing and his mattress on fire in his room.  The facility was cited for failing to protect this resident and others from fire hazards when the resident had matches or a lighter accessible. 

In the 2nd and 3rd quarter of 2011, The Ohio Department of Health issued 28 immediate jeopardy citations in a total of 20 facilities.  11 deaths were attributed to these immediate jeopardies.  Trends for immediate jeopardy citations have increased from 2010.  Providers must continue to provide ongoing oversight of residents to protect them from risk of serious harm or death.  If you would like additional information on immediate jeopardies for these recent quarters contact Janet Feldkamp at jfeldkamp@beneschlaw.com or 614.223.9328

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