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© 2016 MMIC/UMIA. All rights reserved © 2016 MMIC/UMIA. All rights reserved Robert S. Thompson RT, JD, MBA, LLM, RPLU, CPCU Director of Education MMIC Copyright 2015 MMIC • UMIA • All rights reserved Advanced Practice Providers Enhancing their roles, reducing their risks Lori Atkinson, RN, BSN, CPHRM, CPPS Manager, RDE © 2016 MMIC/UMIA. All rights reserved What you’ll learn about APPs PART ONE Employment trends PART TWO Professional liability risks and APP claims PART THREE Reducing risk © 2016 MMIC/UMIA. All rights reserved APP employment trends © 2016 MMIC/UMIA. All rights reserved

APP employment trends file© 2016 MMIC/UMIA. All rights reserved ... Emerging employment trends All occupations 11% ... •Regulated by state medical and/or PA board

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© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Robert S. Thompson RT, JD, MBA, LLM, RPLU, CPCU

Director of Education MMIC

Copyright 2015 MMIC • UMIA • All rights reserved

Advanced Practice Providers

Enhancing their roles, reducing their risks

Lori Atkinson, RN, BSN, CPHRM, CPPS

Manager, RDE

© 2016 MMIC/UMIA. All rights reserved

What you’ll learn about APPs

PART ONEEmployment trends

PART TWOProfessional liability risks

and APP claims

PART THREEReducing risk

© 2016 MMIC/UMIA. All rights reserved

APP employment trends

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC. All rights reserved

APP employment today

Cl inics Employing APPsMGMA Survey, 2014

35% have NPs

30% have PAs

Source: http://www.for be s.c om/sites/bruce ja psen/20 15 /07 /15 /nur se-pract itioner s-

physician-assist ant s-more- in-dem and-t ha n-most -doct ors/#772 bc d5 d36 10

100 Best Jobs of 2016US News & World Report

PAs rank 5th

NPs rank 6th

© 2016 MMIC/UMIA. All rights reserved

Emerging employment trends

2015 2022

Bureau of Labor Statistics

Projected growth by 2022

PAs 38%

NPs 34%

© 2016 MMIC/UMIA. All rights reserved

Emerging employment trends

All occupations 11%

Physicians/Surgeons 14%

All healthcare jobs 19%

2015 2022

Bureau of Labor Statistics

Projected growth by 2022

PAs 38%

NPs 34%

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

PA specialty areas

Source: AAPA PAs in Healthcare Annual Survey 2013

38%

26%

18%

15%

11%

3%

2%

1.5%

General Medicine

Surgery

Other

Internal Medicine

Emergency Medicine

Pediatrics

OB/Gyn

Occupational Medicine

© 2016 MMIC/UMIA. All rights reserved

• Regulated by state medical and/or PA

board

• Cannot practice independently

• Rural clinic designation rules

• Written agreement outlines scope

of practice

PA practice

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New rules with supervision defined and outlined:

a. Review requirements of PA licensure

b. Face-to-face meetings

c. Assessment of education and training

d. Communication

e. Chart reviews

f. Delegated services

g. Timely consultation

h. Alternate supervision

i. Failure to supervise

Iowa - Supervision of PAs

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

NP specialty areas

Source: AANP NP Facts July 2015

55%

19%

8%

5%

5%

4%

3%

1%

1%

Family Medicine

Adult Medicine

Acute Care

Pediatrics

Women's Health

Psych/Mental Health

Gerontology

Oncology

Neonatology

© 2016 MMIC/UMIA. All rights reserved

• Governed by state boards of nursing

• Many states allow independent practice

– No physician supervision required

• Some states have reduced or

restricted practice

– Collaborative practice agreement

– Delegation and supervision required

NP practice

© 2016 MMIC/UMIA. All rights reserved

State practice models for NPs

Full practice

Reduced practice Restricted practice

April 2016

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Emerging trends for APPs

Increased

employment in clinics and

hospitals

Increased

involvement in pre- and

post-op care

Increased

management of patients

in LTC

© 2016 MMIC/UMIA. All rights reserved

Perfect storm and perfect opportunity

Insured population

Population with chronic conditions

Demand for access

Demand for efficiency

Physician shortage

Mandate to reduce costs

APPs and Professional Liability Risk

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Elements of a malpractice claim

•Duty

• Breach of duty

• Existence of an injury

• Injury caused by breach of duty

Professional

Negligence

Failure to meet thestandard of care

© 2016 MMIC/UMIA. All rights reserved

Theories of potential liability

Direct

liability Vicarious

liability

Negligent

credentialing

Negligent

supervision

APP

© 2016 MMIC/UMIA. All rights reserved

• Physician employer

• Facility employer

• Locum tenens

Employment model may affect risk

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Digging deeper, seeing farther

Analysis of our coded claims:

• Identifies signals of vulnerability

• Identifies opportunities to improve safety

• Catalyzes change for optimal risk reduction

Since 2013, MMIC has partnered with

Harvard-based CRICO Strategies for

data analytics

• Risk intelligence tool

• Comparative benchmarking data

Comparative Benchmarking System (CBS)300,000+ claims

Represents ~30% of National Practitioner Data Bank400+ hospitals, 165k+ physicians, 8k+ cases per year

Membership

Copyrighted by and used with permission of The Risk

Management Foundation of the Harvard Medical

Institutions, Inc., all rights reserved.

© 2016 MMIC/UMIA. All rights reserved

… common

factors below

Common underlying

themes

• Initial misinterpretation

of scan

• Lack of communication

among providers

• Failure to respond to repeated symptoms

•Diagnostic focus

too narrow

• Lack of patient assessment

Adverse event

© 2016 MMIC/UMIA. All rights reserved

8.0% 7.7% 7.9% 8.6% 8.0%

0%

5%

10%

15%

20%

2010 2011 2012 2013 2014

MMIC claims involving APPS

NPs PAs Total

MMIC APP claims per year

MMIC N=186 (APP) of 2,340 PL cases asserted 2010-2014

7.9% average

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Top allegations – all vs. APPs

MMIC N=2,340 PL cases asserted 2010–2014

0%

5%

10%

15%

20%

25%

30%

35%

40%

A l l Cases

All Cases Total Incurred

© 2016 MMIC/UMIA. All rights reserved

Top allegations – all vs. APPs

0%

5%

10%

15%

20%

25%

30%

35%

40%

Cases involving APPs

NPs PAs Total Incurred

MMIC N=186 PL cases asserted 2010-2014 involving APPsMMIC N=2,340 PL cases asserted 2010–2014

0%

5%

10%

15%

20%

25%

30%

35%

40%

A l l Cases

All Cases Total Incurred

© 2016 MMIC/UMIA. All rights reserved

35%

24%

18%

10%

6%

0%

5%

10%

15%

20%

25%

30%

35%

40%

Diagnosis-

related

Medical

Treatment

Surgical

Treatment

Medication-

related

Safety &

Security

NPs PAs

Top major allegation categories involving APPs

MMIC N=186 PL cases, asserted 1/1/2010–12/31/2014

NPs

43% PAs

57%

APP Cases

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

APP cases: settings and responsible services

0%

5%

10%

15%

20%

25%

30%

Responsible Services

NPs PAs

MMIC N=186 Asserted 2010-2014

Settings

ED

17%

Outpatient

51%

Inpatient

32%

© 2016 MMIC/UMIA. All rights reserved

Contributing factors

Factors * % APP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Contributing factors are

those underlying issues

“under the iceberg”

from which we extract

common themes.

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Clinical judgment

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2% 74%of APP cases involve issues with

clinical judgmentMMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Clinical judgmentClinical judgment factors* % APP

Patient assessment issues 72%

Selection/mgmt. of therapy 30%

Failure/delay in obtaining

consult/referral14%

Occur early in the

diagnostic processMMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

P atient assessment issues* % NPs % P As

Failure/delay

in ordering

diagnostic tests14% 31%

Factors * % APP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Clinical judgmentClinical judgment factors* % APP

Patient assessment issues 72%

Selection/mgmt. of therapy 30%

Failure/delay in obtaining

consult/referral14%

Occur early in the

diagnostic processMMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Technical skill

Less about

technical skill

factors

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

9n y

Technical skill

Technical performance % cases*

Known risk of procedure 60%

Poor technique 18%

Case example - 9 year

old with laceration and

scarring

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % APP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Communication

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

CommunicationCommunication % NPs % P As

With patient and family 7% 11%

With other providers 10% 7%

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Communication % NPs % P As

With patient and family 7% 11%

With other providers 10% 7%

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Communication

With other providers - especially

• Regarding patient condition • Failure to read record

Case example - 72-year-old woman withfractured hip transferred to rehab

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % APP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

B ehavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Behavior-related

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

B ehavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Behavior-related

Behavior-related % cases*

Patient factors 20%

Provider factors 2%

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Administrative

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % APP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Supervision 7% 2%

Administrative

Administrative % cases*

Staff issues 10%

Policy issues 8%

Ethical 3%

Case example – 41 year

old to ED with right hand

injury after falling

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 1 1% 6%

Supervision 7% 2%

Clinical environment

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 1 1% 6%

Supervision 7% 2%

Clinical environment

Clinical environment

Workflow/workload

- Weekend/nightshift/holiday

- Busy-ness factors

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % APP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Su pervision 7% 2%

Supervision

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

Factors * % A PP % MMIC

Clinical judgment 74% 59%

Technical skill 32% 47%

Communication 31% 30%

Behavior-related 22% 30%

Administrative 21% 20%

Clinical environment 11% 6%

Su pervision 7% 2%

Supervision

Supervision factors

Supervision – signing off without

review of or participation in care.

MMIC N=186 PL cases asserted 2010-2014

*A case will often have multiple factors identified.= statistically significant (p < 0.05)

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Team-related vulnerabilities

Clinical judgment

Too much responsibility

No clinical guidelines,

care protocols, or

clinical decision support

Lack of mentoring

and collaboration

opportunities

Communication

Hierarchical,

unsafe culture

Lack of teamwork

skills and tools

Lack of empathy training

Lack of patient

engagement

Administrative

Inadequate physician

oversight due to lack of

role clarity

Lack of mentoring/

collaboration

opportunities

Lack of policies and

procedures

© 2016 MMIC/UMIA. All rights reserved

Reducing risk

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Reducing risk: focus on three

Policy and

oversight

1Culture and

experience

2Tools and

training

3

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Implement an

APP policy

• Team-approach to care

• Roles and responsibilities

• Identification of team

• Scope of practice and delegation

• State regulations

• Prescribing authority

• Supervision and oversight

• Consultation triggers/parameters

1 policy and

oversight

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

1 policy and

oversight

Evaluate

team member credentials and competency

• Verify licensure, credentials

and prior experience

• Conduct background

investigation and reference checks

• Assess competency

• Use skills checklists

• Provide orientation

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

1 policy and

oversight

Ensure oversight • Medical record review

• Consultation

triggers/parameters

• Case reviews

• Patient complaint reviews

• Mentoring relationships

• Metrics to evaluate

performance

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Promote a safe,

collaborative team-based culture

• Encourage error reporting

• Give honest feedback

• Encourage and honor requests for assistance

• Assess patient safety

culture

culture and

experience2

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

culture and

experience2

Make provider

well-being a priority

• Include it in your mission statement

• Measure well-being

• Provide educationand tools

• Encourage self-care

• Promote resiliency tools

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

culture and

experience2

Enhance

communication among team members

• Critical language policy

• Communication tools

(e.g., SBAR, handoff tools)

• Communication triggers

• Teamwork training

• Huddles

• Clinic/department/

facility meetings

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Provide education

and training

• Team-based care

• Clinical topics

• Effective communication

• Reducing risk

• Empathy training

tools and training3

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

tools and training3

Use clinical

and diagnostic decision support and other HIT tools

• Patient care protocols

• Clinical guidelines and

order sets

• Diagnostic decision

support (e.g., Isabel)

• Test management and follow-up care tracking

• Patient population management

• Medication management

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

tools and training3

Enhance

communication skills forpatient interactions

• Health literacy tools

• Communication triggers

• Shared decision-making model to enhance

engagement

• Apology and communication process

• Empathetics

• Pulse 360

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Closing thoughts

Making a difference

© 2016 MMIC/UMIA. All rights reserved

© 2016 MMIC/UMIA. All rights reserved

Resources

Nurse Practitioners

• American Association of Nurse Practitioners http://www.aanp.org

• American Association of Nurse Practitioners State Practice Environment map http://www.aanp.org/legislation-regulation/state-legislation-regulation/state-practice-environment

• Barton Associates NP Scope of Practice Law Guide http://www.bartonassociates.com/nurse-practitioners/nurse-practitioner-scope-of-practice-laws

Physician Assistants

• American Academy of Physician Assistants - https://www.aapa.org

• National Commission on Certification of Physician Assistants State Licensing Boards links http://www.nccpa.net/StateBoards

• Barton Associates PA Scope of Practice Law Guide http://www.bartonassociates.com/nurse-practitioners/physician-assistant-scope-of-practicelaws/?utm_medium=social&utm_campaign=PA+Wheel&utm_source=Facebook

© 2016 MMIC/UMIA. All rights reserved

Questions?

Lori AtkinsonRN, BSN, CPHRM, CPPS

Manager, Research, Development and Education

MMIC Patient Safety Solutions

Email [email protected]