TP25-24 A Necessary Defense Legionella

The impact of Legionella related public health citations can be disastrous for healthcare facilities and long-term care providers. Beyond the immediate cost of remedial action and expenses incurred to implement a Plan of Correction, citations may result in a wide array of consequences including, but not limited to, severe monetary penalties, abatement of operations while deficiencies are removed, denial of payment for new admissions under Medicare and Medicaid and the termination of provider agreements. Beyond these calculable penalties, the stigma associated with Legionella related citations can inaccurately portray providers as failing to prioritize patient safety.
The repercussions arising from improper citations are particularly unjust in those cases where deficiencies and findings of jeopardy are based on a misunderstanding of evolving Legionella science, law, and risk. An accurate identification of Legionella related jeopardy, or the lack thereof, requires a comprehensive and frequently nuanced analysis involving elements of microbiology, chemistry, and the law. Whether defending citations through the Informal Dispute Resolution process or on appeal, facilities are well served to enlist the right expertise to mount an effective defense.
Chemical water treaters can be an invaluable resource when their clients are faced with Legionella related public health citations. This publication is intended to orient treaters with the impact, procedure, and nuance of these citations so they may provide value as a resource in support of their client’s meritorious defense.