Protecting Your Patients and Practice during Times of Distress

The role of patient care ombudsman is important to protecting patients during bankruptcy reorganization of a health care provider. As financially distressed healthcare providers try to reduce expenses as they work for a turnaround, monitoring is needed so they do not intentionally or unintentionally compromise patient care or safety by not meeting standards of care or use of low quality supplies and materials for care related procedures. Some of the most challenging issues an ombudsman deals with are related to access to medical records and coordination of transition of care, particularly when practices are liquidated or transferred. In this era of electronic medical records, the retention and access issues become increasingly complex. A thorough understanding of HIPAA regulations is required.

The bankruptcy court, upon recommendation of the United States Trustee, makes the appointment of a Patient Care Ombudsman, and approves the fees for services.

Bankruptcy Cases for Which Joseph Tomaino has been Appointed Patient Care Ombudsman:

  • Access Medical Group, PC. 08-23175
  • Ifoema Ezekwo, MD 08-17247
  • Eric Scott LeBlanc DDS 09-14477
  • Marlboro Physical Therapy PA 09-40605
  • Mystic Island Pediatrics PA 09-40605
  • Oral and Maxillofacial Prosthodontics PA 08-19952
  • JSP Life Agency, Inc. 14-11182
  • Pampered Footcare, LLC 14-11772
  • Glen S. Kay MD, PC 15-36669
  • Comprehensive Cancer Services Oncology, PC. 18-10598
  • CCS Medical, PLLC. 18-10698
  • Wachusett Ventures, LLC 18-11053
  • Rosegarden Health and Rehabilitiation, et al. 18-30623

Our approach to Patient Care Ombudsman engagements follows our consulting formula of data analysis, innovation, and transformation.

Step 1: collecting clinical and financial performance data and identifying potential areas of risk for patient care and safety; information is sought from employees of the provider as well as consumers; information on how to contact the ombudsman is posted in the provider organization, and any complaints are investigated.

Step 2: heat mapping of high-risk care delivery processes and developing a monitoring plan. This is done in collaboration with the debtor to engage them in the process and help them identify appropriate innovative strategies for reducing costs and increasing revenue while not affecting patient care. A report of the monitoring activity is made to the bankruptcy court every 60 days.

Step 3: helping to transform the organization in order to ensure continued success. This is accomplished by working with them to adopt the monitoring and innovative processes into their ongoing operation as they emerge from bankruptcy.


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