Medicare Hospital Conditions of Participation (CoPs) at §482.13(c)(2)

In November of 2022 CMS issued a notice to all state accrediting agencies to begin issuing citations/deficiencies to hospitals that do not provide a safe environment for staff and patients. CMS believes that healthcare workers have a right to provide care in a safe setting. CMS health and safety requirements do not preclude healthcare workers from taking appropriate action to protect themselves from workplace violence. However, it is incumbent on the leadership at these healthcare facilities to ensure they provide adequate training, sufficient staffing levels, and ongoing assessment of patients and residents for aggressive behavior and indicators to adapt their care interventions and environment appropriately. This falls under the CMS Condition of Participation number §482.13(c)(2). Conditions of Participation regulations require facility compliance or they risk losing CMS funding. Additionally, most commercial insurances require facilities to follow these regulations, too. §482.13(c)(2) is fairly broad, however, it does state that a facilty is oblidged to deliver care to all patients in an environment that a lay person would consider safe. This includes following staffing metrics that adhere to current standards of practice for patient environmental safety, infection control, and security. If you are working at a facilty that is not providing current standards of practice related to safety, report it to the next accrediting agency that enters the facilty on a standard survey or investigation of complaints. You can also file a complaint against your facility for unsafe conditions at your state's Health and Human Services website. Remember, you are portected by the whistleblower laws.