
Inspections and Appeals
Dean Lerner,
Director
Mission Statement:
The Department of Inspections and Appeals will administer
and enforce state and federal laws to provide for the protection
of the public interests and ensure program integrity in
programs and services administered by the executive branch.
Measures:
Dependent adult abuse in health care
facilities
Food stamp appeal decisions
Nursing facilities survey frequency
Collection of public assistance
overpayments
Timeliness of complaint investigations
Keeping restaurants safe
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Performance Plan - How we measure our progress
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Strategic
Plan - How we plan for progress
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Performance
Report - How we report our progress
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Department Home Page - Learn more about this department
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Highlighted Measure:
Number of nursing home dependent
adult abuse criminal
cases referred
to respective county attorneys
for prosecution determinations.
Data Source: Department of Inspections & Appeals, Investigations
Division
Updated 5/1/08 |

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Why
this is important:
This measure shows how the department is enhancing the safety,
security and general welfare of persons served in health
care facilities (nursing homes). By referring cases to county
attorneys, criminal action can be taken to ensure persons
abusing residents of health care facilities (nursing homes)
are held accountable.
What we're doing about this:
To provide a greater focus on providing safety for frail
and disabled adults and enhance accountability of the system,
an Abuse Coordinating Unit was established. The Unit oversees
the system to ensure consistency in application of relevant
rules and law and to ensure investigations and results are
thoroughly and timely handled. Efficient workload distribution,
and improved referral processes has created a more efficient
system for completing investigations and referring them
to the County Attorney for prosecution determinations.
We are below target due to a seasoned investigator leaving
the abuse investigation team and being replaced by a new
investigator. Once the new investigator gets up to speed,
we should be back on target.
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Highlighted Measure:
Average number of days food assistance
appeal decisions are issued compared
to the federally-required timeframe
of 38 days.
Data Source: Department of Inspections & Appeals, Administrative
Hearings Division
Updated 5/1/08 |

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Why
this is important:
This measure shows how the Department of Inspections
and Appeals ensures recipients are afforded
a timely due process for adverse actions
taken by the Department of Human Services regarding
food assistance.
What we're doing about this:
Improvements have been made in the scheduling
and decision-issuance processes to ensure time
delays are minimized or eliminated.
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Highlighted Measure:
Ratio of average number of months
between nursing home inspections
done in comparison with the federal
timeframe ceiling.
Data Source: Department of Inspections & Appeals, Health
Facilities Division
Updated 5/1/08 |

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Why
this is important:
In order to address the volume, sporadic nature, and severity
of complaints, the department has had to shift resources
from routine inspections to complaint investigations. This
requires the routine survey to be rescheduled, adding to
the number of months between routine inspections. For FY08,
we were given authority to hire additional complaint surveyors,
which should help to begin to focus efforts on timely completion
of routine inspections, once these surveyors are fully trained.
What we're doing about this:
In order to address the volume and sporadic nature of complaints,
the department has had to shift resources from routine inspections
to complaint investigations. This requires the routine survey
to be rescheduled, adding to the number of months between
routine inspections. For FY08, we were given authority to
hire additional complaint surveyors, which should help to
begin to focus efforts on timely completion of routine inspections,
once these surveyors are fully trained.
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Highlighted Measure:
Dollars collected for misspent
public assistance for the year
compared to the dollars collected
the previous year.
Data Source: Department of Inspections & Appeals, Investigations
Division
Updated 5/1/08 |

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Why
this is important:
This measure shows the department's efforts to
collect public assistance funds, which a
recipient received but was not entitled in
part or in total. The funds collected
are then available to provide services to
other eligible persons.
What we're doing about this:
The department continues to explore effective
and efficient collection methods, in collaboration
with the Department of Human Services.
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Highlighted Measure:
Percentage of nursing home complaint
investigations initiated within
state and federal required timeframes.
Data Source: Department of Inspections & Appeals, Health
Facilities Division
Updated 5/1/08
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Why
this is important:
This measure shows how the department is enhancing
the safety, security and general welfare of
persons served in health care facilities (nursing
homes). As the state and federal timeframes are
based on the nature and severity of the complaint
allegations, it is critical to investigate
in a timely manner complaints toward resolution.
What we're doing about this:
Plans are in place to eliminate the backlog of complaints
and to resume timely investigations of all intakes. Timeliness
of complaint investigations continues to be a high priority
for the department. Staff in the dedicated complaint unit
are gaining expertise in complaint investigations, which
the department believes will eventually lead to a reduction
in time necessary to complete an investigation. In FY08,
additional complaint investigators were authorized, which
will have a positive impact on the timeliness, once they
are fully trained.
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Highlighted Measure:
Percentage of food establishment
inspections conducted by state
inspectors in compliance with
the FDA Food Code.
Data Source: Department of Inspections & Appeals, Food
and Consumer Safety Bureau
NOTE: Data reported annuallyat
the end of the state fiscal year.
Updated 5/1/08
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Why
this is important:
The FDA Food Code inspection frequency uses risk
factors, based on scientific research, to determine
the level of risk for consumers to get a foodborne
illness from a particular establishment. Consistently
meeting the inspection frequency means consumers
are more assured of safe food when they go out
to eat.
What we're doing about this:
With the addition of establishments previously
inspected by Polk and Jasper Counties to the current State inspector's
workload, the department reduced the frequency
to once a year for each establishment. Legislation
recently passed will provide some additional
resources to the department to improve this frequency,
although still not meeting the FDA Food Code
requirement.
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