ok st bd of examiners for long term care …
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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMINISTRATORS SHEPHERD CENTER, 2401 NW 23RD, STE 2H, OK CITY, OK 73107
APRIL 14, 2021 REGULAR BOARD MEETING 10:00 AM
THIS MEETING, INCLUDING ANY EXECUTIVE SESSION, WILL BE CONDUCTED ENTIRELY VIA TELECONFERENCING OR
VIDEOCONFERENCING PURSUANT TO 25 O.S. § 307.1 AND 311.
ALL MEMBERS AND STAFF WILL BE APPEARING VIA VIDEOCONFERENCE
PUBLIC VIEW AND ACCESS: https://www.gotomeet.me/OSBELTCA/board-meeting
You may also dial in using your phone United States: (646)749-3122 Access Code: 326-056-877
The videoconference will also be shown live in our conference room At 2401 NW 23rd Street, Suite 2H Oklahoma City, Oklahoma 73107
(Shepherd Center) And may be attended by Board members numbering less than a quorum and/or by
staff/public (see expected attendance matrix at the end of the Agenda).
AGENDA
The Board may discuss, vote to approve, vote to disapprove, vote to table, change the sequence of any agenda item, or vote to strike or not discuss any agenda item.
Public attendees - please “mute” your microphones during the meeting unless a Board Member addresses you directly with a question.
Public Comment is not permitted unless otherwise noted on the Agenda
1. Call to Order and Recording of Members Present and Absent -Compliance with Open Meeting Act and Authority
2. Welcoming Remarks, Ms. Jacki Millspaugh, (Chair) and/or Board Members
3. Approval of the Minutes for the 3-3-2021 Special Board Meeting
4. Review, Discussion and Possible Action Regarding Granting Long Term CareAdministrator’s License (Report of the Education Committee):
A. Pamela Boone, NHAB. Jessica Clayton, ADCC. Angelie Estuche-Sales, RCAL
When you see a blue underline in this packet, it's a "link" to the supporting document within the packet that you can follow. We also try to put a link BACK to the agenda at the beginning of that information.
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D. Shallon Gambling, ADCE. Bridgette Johnson, ADCF. Nola Jones, NHAG. Taffy Locke, ADCH. Kimberly Lockett, RCI. Danielle Prieto, NHAJ. Vickie Taylor, ADCK. Laura Vance, ADCL. Tara West, RCALM. Jennifer Williams, RCAL
5. Review, Discussion and Possible Action on the Probable Cause Committee’sRecommendations Regarding Whether Probable Cause Exists to File a FormalComplaint (Report of Probable Cause Committee)NO PROBABLE CAUSEKS,NR**20-041(P)KS,NRR21-002(D)CC,NP21-010(P)
*Two to One for Recommendation of No PC**Letter of ConcernH-OSDH Referral, HB-OSDH Notification/Referral, V-rec’d from ODVA, D-DHS Report,B-Board Initiated, P-Private Citizen Report
6. Review, Discussion and Possible Action Regarding the Report of the FinanceCommittee (Report of Finance Committee)
7. Review, Discussion and Possible Action Regarding the Report of the Rules/Legislative Committee (Report of the Rules/Legislative Committee)
8. Review, Discussion and Possible Action Regarding the Report of the PersonnelCommittee Relating to the Annual Evaluation of the Executive Director (Reportof the Personnel Committee)
9. Review, Discussion and Possible Action Regarding a Change in Board MeetingDate from August 18, 2021 to August 11, 2021.
10. Review, Discussion and Possible Action Regarding the Report of the ExecutiveDirector, Mr. Gaylord Z. ThomasA. CEU Audit UpdateB. Strategic Plan UpdateC. Occupational Licensing Advisory CommissionD. Wellington Parke Vs. OSBELTCAE. Upcoming Events/Dates
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11 New Business – Any matter not known about or that could not have been reasonably foreseen prior to the time of posting the agenda
12. Adjournment
Expected Attendance Matrix:
Name Board Role Virtual
Virtual from
OSBELTCA Conf
Room*
Virtual from
OSBELTCA Office*
Not Expected
to Attend*
Jacki Millspaugh Chair X Keith Swanson Vice Chair X Nancy Poteete Sec/Treas X Susan Barnes Rules/Legislative Committee Chair X Susan Smith Education Committee Chair X Tony Fullbright Personnel Committee Chair X Colin Coburn Board Member X Tracy Copp Board Member X Thomas Essex Board Member X Diane Henry Board Member X Lisa Pever Board Member X Alan Phillips Board Member X Nathan Raith Board Member X Jonna Warrick Board Member X VACANT SEAT Board Member X Gaylord Z. Thomas Executive Director X Pam Duren Programs Officer X Ginger Dean Programs Officer X Thomas Grossnicklaus AAG (Advisor) X Liz Stevens AAG (Prosecutor) X Jon Williford AAG (Special Counsel) X
* Persons expected to attend from the office or conference room (or not expected to attend) may attendand participate by virtual means due to unforeseen circumstance.
Common Acronyms Used: ADC – Adult Day Care Services NAB – National Association of Long Term Care Administrator Boards NHA – Nursing Home Administrator AIT – Administrator-In-Training
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AU – Administrators University CAA – Certified Assistant Administrator (not licensed) CE/CEUs – Continuing Education/Continuing Education Units DHS – Department of Human OSDH – Oklahoma State Department of Health PCC – Probable Cause Committee RC/AL – Residential Care/Assisted Living (commonly pronounced “ar-cal”) RC – Residential Care
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OK ST BD OF EXAMINERS FOR LONG TERM CARE ADMS 3-3-2021
1
MINUTES
A Special Board meeting of the Oklahoma State Board of Examiners for Long Term Care Administrators (OSBELTCA) was held, March 3, 2021 at 10:00 a.m. The meeting location was live at the Shepherd Center, 2401 NW 23rd, Ste 2 H, Oklahoma City, Oklahoma. Candidates and the public were welcome, however, encouraged to join remotely via GoToMeeting, https://www.gotomeet.me/OSBELTCA/board-meeting or they could dial in using their phone at (646)749-3122 with Access Code: 326-056-877. Ms. Jacki Millspaugh, Chair, presided over themeeting.
Advance notice of this special meeting was transmitted to the Oklahoma Secretary of State on February 24, 2021 and posted on the OSBELTCA website on February 28, 2021. The agenda was posted in a prominent public view on the front doors of the Shepherd Center located at 2401 NW 23rd, Oklahoma City, Oklahoma on February 28, 2021 at 9:00 a.m.
MEMBERS PRESENT
Ms. Jacki Millspaugh, Chair, OK City Dr. Keith Swanson, Vice-Chair, OK City, He was not in the OSBELTCA Conference Room as Published on the Agenda Ms. Nancy Poteete, Sec-Treasurer, Norman Dr. Susan Barnes, Edmond Mr. Collin Coburn, Tulsa Dr. Thomas Essex, Chickasha Mr. Tony Fullbright, OK City Ms. Diane Henry, OK City Ms. Lisa Pever, OK City Mr. Alan Phillips, Bartlesville Mr. Nathan Raith, Claremore Ms. Susan Smith, Glenpool Ms. Jonna Warrick, Edmond
MEMBERS ABSENT
Ms. Tracy Copp, Claremore (Note: She appeared to be present the entire meeting, including Executive Session, bus was inaudible and we heard no votes from her (however, her name was called every time.)
Return to Agenda
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2
OTHERS PRESENT
Mr. Gaylord Z. Thomas, Executive Director Mr. Thomas Grossnicklaus, AAG, Board’s Legal Counsel Ms. Amanda Everett, AAG, Prosecuting Attorney for the Board Ms. Michelle Garrett Ms. Jamie Johnson Mr. Phillip Maxwell Ms. Charity Nyingi Mr. Blake Rhoden Ms. Jody Schochler Ms. Rachel Summers Ms. Legend Tate
Ms. Jacki Millspaugh, Chair, called the meeting to order and stated that we were in compliance with the amended Open Meeting Act and Authority.
Ms. Millspaugh asked Mr. Gaylord Z. Thomas, Executive Director, to call roll to establish a quorum.
Present were Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson, Ms. Jacki Millspaugh. There was a quorum.
Ms. Jackie Millspaugh asked the Board members to review the minutes of the 1-27-2021 Board meeting.
Motion was made by Dr. Keith Swanson, seconded by Dr. Susan Barnes, to approve the minutes of the 1-27-2021 Board meeting, to include the spelling revision of Dr. Susan Barnes name. Motion carried with voting as follows: Affirmative –Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson, and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Susan Smith, Chair of the Education Committee, led the review, discussion and possible action regarding granting the request of Long Term Care Administrator’s license.
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Ms. Smith informed the Board that Ms. Michelle Garrett met the requirements for becoming a Residential Care/Assisted Living Administrator.
Motion was made by Ms. Susan Smith, seconded by Ms. Nancy Poteete, to approve Ms. Michelle Garrett as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Smith informed the Board that Ms. Jamie Johnson met the requirements for becoming a Nursing Home Administrator.
Motion was made by Ms. Susan Smith, seconded by Ms. Nancy Poteete, to approve Ms. Jamie Johnson as a Nursing Home Administrator. Motion carried with voting as follows: Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Smith informed the Board that Mr. Phillip Maxwell met the requirements for becoming a Nursing Home Administrator.
Motion was made by Ms. Susan Smith, seconded by Dr. Keith Swanson, to approve Mr. Phillip Maxwell as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Smith informed the Board that Ms. Charity Nyingi met the requirements for becoming a Residential Care/Assisted Living Administrator.
Motion was made by Ms. Susan Smith, seconded by Ms. Nancy Poteete, to approve Ms. Charity Nyingi as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
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Ms. Smith informed the Board that Mr. Blake Rhoden met the requirements for becoming a Nursing Home Administrator.
Motion was made by Ms. Susan Smith, seconded by Ms. Lisa Pever, to approve Mr. Blake Rhoden as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Smith informed the Board that Ms. Jody Schochler met the requirements for becoming a Nursing Home Administrator.
Motion was made by Ms. Susan Smith, seconded by Ms. Nancy Poteete, to approve Ms. Jody Schochler as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Smith informed the Board that Ms. Rachel Summers met the requirements for becoming a Nursing Home Administrator.
Motion was made by Ms. Susan Smith, seconded by Ms. Lisa Pever, to approve Ms. Rachel Summers as a Nursing Home Administrator. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright,Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Smith informed the Board that Ms. Legend Tate met the requirements for becoming a Residential Care/Assisted Living Administrator.
Motion was made by Ms. Susan Smith, seconded by Ms. Nancy Poteete, to approve Ms. Legend Tate as a Residential Care/Assisted Living Administrator. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
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Licensees were congratulated at this time and informed they would receive their license in the mail.
Mr. Gaylord Z. Thomas, Executive Director, led the review, discussion and possible action regarding the vacating of licenses of Long Term Care Administrators who failed to timely renew. (List attached to agenda).
Motion was made by Ms. Susan Smith, seconded by Ms. Lisa Pever, to approve the vacating of licenses of Long Term Care Administrators who failed to timely renew. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Amanda Everett, AAG, Prosecuting Attorney for the Board, led the review, discussion and possible action regarding OSBELTCA V. ADAM STEPHENS, License No. 3316, Case No. 19-052 (HB). Presentation of proposed Agreed Order. Possible motion to convene into and exitfrom Executive Session pursuant to 25. O.S. § 307(B)(7) (discussing any matter where disclosureof information would violate confidentiality requirements of state or federal law) AND/ORpursuant to 25 O.S.§307(B)(8) (engaging in deliberations or rendering a final or intermediatedecision in an individual proceeding pursuant to Article II of the Administrative Procedures Act).Possible action. This case was referred to us by the Oklahoma State Department of Health,therefore, Ms. Diane Henry, as the representative of this department, will be required to recusealong with the Committee that reviewed the case which was Ms. Nancy Poteete and Mr. CurtisAduddell, who is no longer on the Board. Ms. Henry and Ms. Poteete turned off their cameras andmicrophone during the presentation of this case.
Mr. Thomas Grossnicklaus was present to represent and advise the Board.
The Department of Health notified this Board of the results of a survey that had Substandard Quality of Care survey results. There were a number of issues raised on the survey and Ms. Everett boiled the administrator’s role down to 3 violations stemming around allegations of abuse:
Failure to report – It was well documented that no report had been filed. Failure to investigate – again, when the administrator learned of it, he not only did not report it, but he didn’t even look into it. And, Failure to take action to rectify the problem
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The Survey Report (Form 2567) documented that the administrator stated to the surveyors that he was not aware that allegations must be reported if they were not substantiated. His terse response to the Board regarding this issue was that turnover was high at this facility (5 administrators in 4 years) and that the company had not given him authority to deal with staff issues appropriately ( he provided no documentation of his pleas regarding this – only referenced phone conversations) and that he was denied attempts to remedy the situation by the corporate level which he also said led to his resignation AND that he was also on vacation during the incident and survey. Yet, when he learned of the issues upon his return, the problem was that he still took none of the required steps to investigate, report or remedy the situation.
He has no prior history of discipline and agreed to the following terms:
Letter of Reprimand Fine of $400 per violation ($1200 total) 12 additional CEUS related to ethics, abuse, neglect or incident reporting Attorney fees of $1,250 This will be reportable to the NPDB and in the Board’s online Registry.
We would recommend that the Board approve this agreed order.
Motion was made by Ms. Lisa Pever, seconded by Dr. Thomas Essex, to accept the aforementioned Agreed Order. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None. Recusing – Ms. Diane Henry and Ms. Nancy Poteete.
Mr. Curtis Aduddell was on the committee as well, however, he is no longer a Board member.
Ms. Nancy Poteete, Chair of the Finance Committee, led the review, discussion and possible action regarding the Finance Report. Ms. Poteete informed the Board that she and Mr. Thomas had attended the virtual Finance meeting, Thursday, February 18th with Ms. Dana West from OMES. Ms. Poteete informed the Board that this report would be short and sweet as all the reports balanced and that we were currently operating under budget.
Dr. Susan Barnes led the review, discussion and possible action regarding the report of the Legislative Committee. Dr. Barnes informed the Board that Senate Bill 719 did not make it out of committee and all deadlines have passed. Discussion followed.
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Mr. Gaylord Z. Thomas, Executive Director, led the review, discussion and possible action regarding the Executive Director’s Report.
1. RENEWALS UPDATE: I updated you at our January meeting (3 days before the extendedexpiration date of January 30th). I was actually amazed to see that a total of 6 people renewed…all of them doing so after we left the office that Friday evening with the expiration date onSaturday). So, the updated numbers are below, adding 1 to the CAAs and 5 to the RCALs. It ismy understanding that the CAA and 1 RCAL were tax compliance issues and the other 4 RCALadministrators renewed after learning of the Board’s decision not to penalize anyone if their CEUswere short in 2020.
2011 2012 2013 2014 2015 2016 2017 2018 2019
2020 (licensed for 2021)
NHA Renewed 682 681 687 678 683
693 679 685 697 695
Not Renewed 48 40 28 49 41 33 45 53 37 40
730 721
CAA's Renewed
First year 25 27 31 30 36 35 37 37 36
Not Renewed to
renew 10 2 1 3 2 8 7 3 3
RCAL Renewed
BA
SELI
NE
(gra
ndfa
ther
ed in
201
2)
353 303 273 265 267 292 278 277 270
Not Renewed N/A 68 54 31 23 12 38 30 22
RC Renewed 36 32 33 32 30 29 25 28 26
Not Renewed N/A 9 5 3 3 4 8 6 3
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ADC Renewed 70 61 55 58 57 57 53 53 54
Not Renewed N/A 11 17 11 7 6 7 8 5
Total renewed 1110 1070 1068 1083 1092 1074 1092 1081
Total not renewed 118 126 89 68 74 117 84 73
If we were to take a minute to look at the non-renewed numbers over this time period, we would see that 2020 was actually a pretty good year for renewals (even if we discard the first couple of years in our averages which skewed the data a little bit due to “giving” those initial licenses to people at no charge (free). The number of people who did not renew those first couple of years skewed our numbers in those lines of service a little bit and we’re still trying to get a better understanding of what “normal” numbers are for those licenses. But the following chart just pulls the number of “vacated” licenses out for a comparison by year and license type and shows that 2020 was below average for the number of licenses being vacated in all types, even discounting the skewed years. Note: 2012 was not included in the average of the “Total” column since it was only NHAs and CAAs.
Vacated NHA CAA RCAL RC ADC Total
2012 35 10 0 0 0 45
2013 28 2 68 9 11 118 Skewed
2014 49 1 54 5 17 126 Years *
2015 37 3 31 3 11 85
2016 35 2 23 3 7 70
2017 46 8 12 4 6 76
2018 52 7 38 8 7 112
2019 37 3 30 6 8 84
2020 40 3 22 3 5 73 Current
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Average: 39.89 4.33 34.75 5.13 9.00 93.00
Non-skewed Average: 26.00 4.50 7.33 83.33
Additionally, every year, Board members want to know WHY these people don’t renew…we have a “feel” for that and I’ve done some analysis (attaching it to this report).
2. AU UPDATE: The Spring term of AU started February 4th (first Thursday) and is set to be complete in May. We started with 32 students (26 NHA, 6 CAA…) and actually had 34 at one point but two appeared to not be ready to start yet so they’ll likely start in the next class. We already made a change in our syllabus to accommodate the weather, moving a week of pre-recorded classes to last week so nobody was on the road (we made that adjustment based on the forecast a week prior).
3. CEU AUDIT UPDATE: As mentioned, the Board decision last month may have encouraged a handful of administrators to renew. We will be starting our audits on our normal timeframe, getting the list in early March. We will provide the data from the review once we have gathered it.
4. STRATEGIC PLAN UPDATE: The one committee that has been most active this last month is the Rules/Legislative Committee. A lot of what they had “planned” to do is being put on “hold” due to SB719 requiring their attention at the moment. I just want to remind everyone that our plan is viewable online at www.focusandexecute.com and that anyone can access our plan using okexaminers as both the Username and Password (we have had this information publicly available on our website since we established this plan).
5. CABINET SECRETARY CHANGE: We were notified last week that there was a new Executive Order establishing a Secretary of Licensing and Regulation and that this Board now falls under that new Cabinet position. Susan Winchester was appointed to be the new Cabinet Secretary.
6. UPCOMING EVENTS/DATES:
Next Board Meetings –March 3rd (cancelled?), April 14th and May 26th
NAB Executive Committee Meeting – March 11th and 12th (virtual)
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Mr. Gaylord Z. Thomas, Executive Director, informed the Board that the lease was expiring on our computers and that we had not been informed of this. He also informed the Board that the office staff was going to laptops and this would require new hardware. Mr. Thomas requested the expense of $3500 be added to the Budget for IT as it had not been accounted for previously. Discussion followed.
Motion was made by Ms. Nancy Poteete, seconded by Dr. Keith Swanson, to amend the Budget to include $3500 for IT. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Ms. Jacki Millspaugh led the Discussion, Vote and Possible action regarding convening into Executive Session pursuant to 25 O.S. §307(B)(4) (Confidential Communications between a public body and its attorney regarding a pending investigation, claim, or action).
Motion was made by Ms. Susan Smith, seconded by Ms. Lisa Pever, to convene into Executive Session. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Motion was made by Ms. Nancy Poteete, seconded by Ms. Lisa Pever, to convene into Open Session. Motion carried with voting as follows: Affirmative – Dr. Susan Barnes, Mr. Collin Coburn, Dr. Thomas Essex, Ms. Susan Smith, Mr. Tony Fullbright, Ms. Diane Henry, Ms. Lisa Pever, Mr. Alan Phillips, Mr. Nathan Raith, Ms. Jonna Warrick, Ms. Nancy Poteete, Dr. Keith Swanson and Ms. Jacki Millspaugh. Negative – None. Abstaining – None.
Meeting adjourned at 11:25 am.
Respectfully Submitted,
MS. NANCY POTEETE, SEC-TREASURER
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Page 3 of 4
Pending Administrator ResponseIn DateCase Number
In DateCase Number
In DateCase Number
21-003(HB) 02-04-2021Date Given to PCC
Subcommittee Assigned
PCC Results Back
Notes
Survey on 1/19/21; letter dated 2/2/2021; F600, F607, F609, F610 (S/S: J, J, J, J) - case involves allegations of sexual abuse; alleged failures to investigate, alleged failures to report.
Description
21-011(D) 04-09-2021Date Given to PCC
Subcommittee Assigned
PCC Results Back
Notes
Email report received from DHS regarding a substantiated report of "caretaker neglect" - email received 4/9/21; DHS received the referral 2/8/21; interviewed alleged victim 2/22/21; time of incident documented as 2/5/21. Documentation appears to say that the Administrator was acting on advice of the Ombudsman. Issue is that the Resident had a POA and revoked it and the allegation is that it was neglect to have permitted the resident to have revoked that POA. It's someone's opinion that "someone" prompted the resident to revoke the POA to avoid being moved back to a SNF from the ALF where she resided and they've attributed this to the respondent somehow while at the same time documenting that she was following advice from the Ombudsman. They've also documented that the resident, per the family, is stubborn and hard to deal with. Ombudsman alleged to have been involved stated that she did not advise the resident to revoke the POA but stated that she did say that if she understood what she was doing when revoking the POA that it could be done at any time.
Description
21-004(P) 01-21-2021Date Given to PCC
Subcommittee Assigned
PCC Results Back
Notes
Received a fax detailing that respondent had been suspended pending investigation for allegations of misappropriation of multiple residents' medications (detailed on an incident report). The attachment (Part C continued) stated that the allegation was substantiated and that the respondent had resigned her position due to this finding. Atty response received'; indicated additional information may be coming (?). Verifying.
Description
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Com
puterR
elatedSvc
0.0022,359.86
515540O
therProf,
Sc.&
Tech.S
vc0.00
5,000.00515580
Business
Support
Services0.00
7,140.00515610
Business
ServiceC
enters72
99447.44
515650Investigation-S
ecuritySvcs
37.601,962.90
515660E
ducationalS
ervices3,250.00
7,500.00515990
Other
Svcs-exc.P
ub.Adm
in.0.00
0.00Sub
Class
515000T
otat3,360.59
84,082.12
519000
519130Flexible
Benefits-A
dminis.
6.69103.98
Report
Nam
e:O
CG
LOO
6O
Query
Title:
OC
P_GL
AO
6Oand
OC
P_GL
BO
6OPage
2
4/14/2021 OSBELTCA Board Meeting Page 19
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OK
LA
HO
MA
Stateo
fO
klahoma
4/1/202
1
6D
igitO
bjecto
fE
xpenditureR
eport17:51:03
PM
From:July
01,2020T
o:M
arch31,
2021Page
3From
Business
Unit:
50900T
oB
usinessU
nit:50900
Business
Unit
Major
Class
Sub
Class
Account
Current
Month
Fiscal
YT
D5
09
00
51
00
00
PE
RS
ON
AL
SE
RV
IC
ES
________
_____
___
__
__
__
__
__
__
___
__
_
SubC
lass519000
Total
66910398
Major
Class
510000T
otal22.66761
267,129.61
50900520000
TR
AV
EL
521000
521110In-State
Mileage-M
otorV
ehicle0.00
1,024.55521140
In-StateM
iscellaneousC
harges0.00
43.20521310
Travel
Reim
b.-Non-S
tateE
mpls.
0.00279.98
SubC
lass521000
Total
0.001,347.73
Major
Class
520000T
otal0.00
1,347.73
50900530000
AD
MIN
IST
RA
TIV
EE
XP
EN
SE
531000
531170Inform
ationalService
0.003,500.00
531180B
ankService
Charges
152.665,537.47
531210D
ataC
enterC
harges-
Portal89.00
1,321.00531230
ER
PSystem
Services
0.00243.50
531260M
embership
inO
rganizations0.00
202.50531310
Prem
-Property
orL
iab.Insur.0.00
403.17Sub
Class
531000T
otal241.66
11,207.64
532000532110
Rent
of Office
Space2.28645
20,578.05532140
Rent-E
quipment
And
Machinery
0.000.00
532160R
ent-Elec
Data
Processing
Eq.0.00
2,135.62Sub
Class
532000T
otal2,286.45
22,713.67
533000
533110M
tee-Rep.-B
ldgs-grnds-Vendor
0.00439.99
533130M
tce-Rep.-T
eI.Equip-V
endor0.00
312.00
Report
Nam
e:O
CG
LOO
6O
Query
Title:
OC
PG
LA
O6O
andO
CP
GL
BO
6OP
age3
4/14/2021 OSBELTCA Board Meeting Page 20
,O
kLA
HO
MA
Stateo
fOklahom
a
4/1/2021
6D
igitO
bjecto
fE
xpenditureR
eportI7
:1:03
PM
From: July
01,2020T
o:M
arch31,
2021Page
4From
Business
Unit:
50900T
oB
usinessU
nit:50900
Business
Unit
Major
Class
Sub
Class
Account
Current
Month
Fiscal
YT
D50900
530000A
DM
INIST
RA
TIV
EE
XPE
NSE
533140M
tce-Rep.-D
PE
quip-Vendor
0.00481.40
533180H
ousekpg/Janit./Sanit.Sup,Mat
90.3090.30
SubC
lass533000
Total
90.301,323.69
534000534110
Food,Other
Kitchen
Sup.,Mat’ls
0.0039.56
SubC
lass534000
Total
0.0039.56
536000536110
Meeting
Refreshm
ents0.00
15.00536130
Office
SuppliesN
on-Expendable
834.301,582.40
536140O
fficeSupplies
(Expendable)
0.001,530.06
SubC
lass536000
Total
834.303,127.46
Major
Class
530000T
otal3.45271
38,412.02
50900540000
PR
OP
,FU
RN
,EQ
UIP
&R
EL
AT
ED
DE
BT
541000
541120D
ataP
rocessingE
quipment
0.002,524.00
SubC
lass541000
Total
0.002,524.00
546000
546220M
ajorM
tce,Repair
of
Equipm
ent0.00
31,870.83Sub
Class
546000T
otal0.00
31.87083
Major
Class
540000T
otalo,oo
34,394.83
50900550000
GE
NA
SST,
AW
DS,
PR
OG
-DIR
EC
TE
D552000
552140Incentive
Aw
ards0.00
143.00Sub
Class
552000T
otal0.00
143.00
Report
Nam
e:O
CG
LOO
6O
Query
Title:
OC
P_GL
AO
6Oand
OC
PG
LB
O6O
Page
4
4/14/2021 OSBELTCA Board Meeting Page 21
OK
LA
HO
MA
Stateo
fO
klahoma
4/1/2021
6D
igitO
bjecto
fE
xpenditureR
eport17:5
1:03PM
FromJuly
01,2020To:
March
31,2021
Page5
FromB
usinessU
nit:50900
To
Business
Unit:
50900
Business
Unit
Major
Class
Sub
Class
Account
Current
Month
fiscalY
TD
Major
Class
550000T
otal0.00
143.00
Business
Unit
50900T
otal26,120.32
341,427.19
Grand
Total
byB
usinessU
nit26,120.32
341,427.19
Report
Nam
e:O
CG
LOO
6O
Query
Title:
OC
P_GL
AO
6Oand
OC
P_GL
BO
6OP
age5
4/14/2021 OSBELTCA Board Meeting Page 22
Stateo
fO
klahoma
4/1/202
OI(L
AH
OM
AS
umm
aryof
Receipts
andD
isbursements
17:18:35PM
FromB
usinessU
nit50900
To
Business
Unit
50900P
age1
Forthe
Month
ofM
arch,2021
BU
SIN
ES
SU
NIT
50900
CL
AS
S200
Transfers
Out
Balance
Or
Change
inC
hangein
Net
Payroll
Debit
Changes
InR
evenueE
xpendituresL
iabilitiesR
eceivablesW
ithholdingsT
ransfersIn
621000.621150.Investm
entE
ndingA
cctg(C
redit)D
ebit(C
redit)D
ebit(Incr)
Decr
lncr(D
eer)(C
redit)D
ebit(C
redit)631200,
and(C
redit)D
ebitC
ashP
eriod4xxxxx
Sxxxxx2xxxxx
lxxxxx633xxx
631100and631150499600
632100B
alance
0-Beg
0.000.00
0.00424,129.13
1-Jul(18,092.60)
27,454.820.00
0.000.00
(1,187.17)0.00
0.00415,954.08
2-Aug
(42,966.35)40,679.30
(15.12)0.00
0.00(920.62)
0.000.00
419,176.87
3-Sep
(38,878.00)34,576.41
15.120.00
0.00(36,711.91)
0.000.00
460,175.25
4-Oct
(4,069.30)43,838.93
0.000.00
0.000.00
0.000.00
420,405.62
5-Nov
(2,364.05)33,507.6$
0.000.00
0.000.00
0.000.00
389,261.99
6-Dec
(50,242.65)64,560.86
0.000.00
0.000.00
0.000.00
374,943.78
7-Jan(138,517.08)
38,272.53(208.81)
0.000.00
0.000.00
0.00475,397.14
8-feb(65,533.47)
32.41634(6.543.78)
0.000.00
0.000.00
0.00515.05805
9-Mar
(34.125.62)26.12032
6,703.680.00
0.000.00
0.000.00
516.35967C
olumn
(394,789.12)341,427.19
(48.91)0.00
0.00(38.819.70)
0.00T
otals:
Current
Ledger
Balance
(48.91)0.00
Class/F
undB
alances:0.00
516,359.67
Current
Ledger
Balance-L
tabilities:(48.91)
*B
udgeted
Cash
Balan
ce:516,310.76
*Slould
agreew
ithC
ashB
alancefrom
Allotm
entB
udgetand
Cash
Balance
(AB
C)
report.
ReportN
ame:
OC
GL
OO
S9
Query
Title:
OC
P_GL
OO
S9Page
1
4/14/2021 OSBELTCA Board Meeting Page 23
Stateo
fO
klahoma
4/1/2021
OIL
AH
OM
AS
umm
aryof
Receipts
andD
isbursements
17:18:35PM
From
Business
Unit
50900T
oB
usinessU
nit50900
Page2
Forthe
Month
of
March,
2021
BU
SIN
ES
StJN
IT50900
CL
AS
S79901
Transfers
Out
Balance
Or
Change
inC
hangein
Net
PayrollD
ebitC
hangesIn
Revenue
Expenditures
Liabilities
Receivables
Withholdings
Transfers
In621000.621150.
Investment
Ending
Acctg
(Credit)
Debit
(Credit)
Debit
(Incr)D
ecrIncr
(Decr)
(Credit)
Debit
(Credit)
631200.and
(Credit)
Debit
Cash
Period4xxxxx
5xxxxx2xxxxx
lxxxxx633xxx
631100and
631150499600
632100B
alance
0-Beg
0.000.00
0.0020,090.10
1-Jul(27,304.75)
0.000.00
0.000.00
0.000.00
0.0047,394.85
2-Aug
4,836.850.00
0.000.00
0.000.00
0.000.00
42,558.00
3-Sep38,128.70
0.000.00
0.000.00
0.000.00
0.004,429.30
4-Oct
1,$65.250.00
0.000.00
0.000.00
0.000.00
2,564.05
5-Nov
(53,093.60)0.00
0.000.00
0.000.00
0.000.00
55,657.65
6-Dec
(97,181.93)0.00
0.000.00
0.000.00
0.000.00
152,839.5$
7-Jan80,703.61
0.000.00
0.000.00
0.000.00
0.0072,135.97
8-Feb34,292.85
0.000.00
0.000.00
0.000.00
0.0037.84312
9-Mar
28,652.720.00
0.000.00
0.000.00
0.000.00
9,190.40
10-Apt
0.000.00
0.000.00
0.000.00
0.000.00
9,190.40
11-May
0.000.00
0.000.00
0.000.00
0.000.00
9.19040
12-Jun0.00
0.000.00
0.000.00
0.000.00
0.009,190.40
Colum
n10,899.70
0.000.00
0.000.00
0.000.00
Totals:
Current
Ledger
Balance:
0.000.00
Class/F
undB
alances:0.00
9,190.40
Current
Ledger
Balance-L
iabilities0.00
*B
ud
geted
Cash
Balan
ce:9,190.40
*Should
agreew
ithC
ashB
alancefrom
Allotm
entB
udgetand
Cash
Balance
(AB
C)
report.
ReportN
ame:
OC
GL
OO
59
Query
Title:
OC
P_G
L0059
Page
2
4/14/2021 OSBELTCA Board Meeting Page 24
Stateo
fO
klahoma
4/1/2021
‘‘
OI(L
AH
OM
ASum
mary
ofR
eceiptsand
Disbursem
ents17:18:35
PM
FromB
usinessU
nit50900
To
Business
Unit
50900P
age.,
Forthe
Month
of
March,
2021
BU
SIN
ES
SU
NIT
50900
CL
AS
ST
ransfersO
utB
alanceO
rC
hangein
Change
inN
etP
ayrollD
ebitC
hangesIn
Revenue
Expenditures
Liabilities
Receivables
Withholdings
Transfers
In621000,621150.
Investment
Ending
Acctg
(Credit)
Debit
(Credit)
Debit
(lncr)D
ecrIncr
(Decr)
(Credit)
Debit
(Credit)
631200,and
(Credit)
Debit
Cash
Period
4xxxxxSxxxxx
2xxxxxlxxxxx
633xxx631100
and631150
499600632100
Balance
Colum
n(383.889.42)
341,427.19(48.91)
0.000.00
(38,819.70)0.00
Totals
PriorY
earA
PB
UB
alance:0.00
0.00
Current
AP
Business
Unit
Balance:
(48.91)0.00
Business
Unit
Balances:
0.00525,550.07
Report N
ame:
OC
GL
OO
59
Query’
Title:
OC
P_G
L0059
Page3
4/14/2021 OSBELTCA Board Meeting Page 25
Executive Director’s Report April 14, 2021
A. CEU AUDIT UPDATE: We conducted our annual audits as required, and per directionfrom the Board (due to the pandemic), there will not be any punitive actions taken againstanyone for failing to meet the CEU requirements in 2020, but we do have the “statistics” fromthese audits and per the Board’s direction, are sharing them as “data.”
a. We audited a total of 51 administrators and CAAs (more than 5% as required by law).i. 13 of the 51 (25.5%) were short of the required number of CEUs.ii. 6 of the 51 “met” the requirement (on the nose).iii. 32 EXCEEDED the requirement for their license type.iv. Collectively, all 51 on average would have been .74 hours short of therequirements even though 38 (74.5%) met or exceeded the requirement.
b. Looking at the audits by line of service (LOS):i. 32 NHAs were audited; 7 (21.88%) were short of the requirement. Collectively,they exceeded the NHA requirement (24 hours) by .16 hours on average. OneNHA exceeded the requirement by 8.25 hours.ii. 2 CAAs were audited; 1 (50%) was short of the requirement. One was short ofthe requirement (24 hours) by 18 hours and the other exceeded the requirement by2.5 hours.iii. 13 RCAL administrators were audited; 3 (23%) were short of the requirement.Collectively, they were 1.17 hours short of the RCAL requirement (18 hours).iv. Only 1 RC administrator was audited and this individual exceeded therequirement (16 hours) by 11.75 hours.v. 3 Adult Day Care administrators were audited; 2 (67%) were short –accomplished zero CEUs) of the requirement (12 hours) for ADC. Collectively,Adult Day Care was short 4.83 hours on average.
c. 13 individuals being short is a pretty high number (we don’t typically see that manyshort of the requirements…3-4 is about as bad as it usually is and we’ve had years withzero (0) or one (1).
B. STRATEGIC PLAN UPDATE: The one committee that has been most active this lastmonth is the Rules/Legislative Committee working early on with SB719 and still met recently tohave an overview of the Strategic Plan and plot our way ahead.C. OCCUPATIONAL LICENSING ADVISORY COMMISSION: I received a request forinformation regarding our turn to be viewed by this commission. My response is due (for eachlicense and certification – NHA, RCAL, RC, Adult Day Care and CAA) by the 6th of May andthe “view” will be conducted (public meeting) at some time in June – schedule to be determinedand I’m supposed to be informed of it.D. WELLINGTON PARKE VS. OSBELTCA: We were notified on March 25th that ourMotion to Dismiss this case was granted by the Court. The other case remains open. TheExecutive Committee was informed of this occurrence on that date. If there are questions aboutit, we will schedule Mr. Williford to be at our next meeting.E. UPCOMING EVENTS/DATES:
Next Board Meetings – May 26th and June 30th
Gaylord Z. Thomas Executive Director
4/14/2021 OSBELTCA Board Meeting Page 26
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