Cultural Competency & Compliance

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Cultural Competency & Compliance Jacqueline (Voigt) Dieball, MSSA University of Michigan Health System Cultural Competency Manager www.hcca-info.org 888-580-8373

AGENDA: Part 1: Cultural Competency Definitions & Concepts Case Studies Perspectives Clinical Business Legal www.hcca-info.org 888-580-8373 2

AGENDA: Part 2: Compliance High Level Overview of Regulations Government Non-government Tools and Resources www.hcca-info.org 888-580-8373 3

Definitions & Concepts www.hcca-info.org 888-580-8373 4

Cultural competency is: A developmental process. Both individuals and organizations are at various levels. www.hcca-info.org 888-580-8373 5

Cultural Competence Continuum Cultural Destructiveness Cultural Incapacity Cultural Competence Cultural Pre-Competence Cultural Blindness Cultural Proficiency Definitions source: Adapted by T. Goode (2004) from: Cross, T., Bazron, B., Dennis, K., & Isaacs, M. (1989). Towards a Culturally Competent System of Care, Volume 1. Washington, DC: CASSP Technical Assistance Center, Center for Child Health and Mental Health Policy, Georgetown University Child Development Center. Available at: http://gucchd.georgetown.edu/nccc/sidsdvd/ continuum.pdf (accessed 11/05). Available at:http://www.nccccurricula.info/ documents/thecontinuumrevised.doc Accessed 7/28/06). Graph Source: Goode, T.D. and Harrison S. (2004). Cultural Competence Continuum. Policy Brief 3, 5, Washington, D.C.:National Center for Cultural Competence-Bureau of Primary Health Care Component, Georgetown University Child Development Center. http://www.nccccurricula.info/assessment/b3.html (accessed 11/05) These characteristics have been adapted and expanded from original work of Cross, et al., in several ways: (1) to ensure their relevance for primary health care organizations; (2) to incorporate salient items from the NCCCOs Policy Brief 1 checklist (Cohen & Goode, 1999); and (3) to emphasize the role of primary health care organizations in research. www.hcca-info.org 888-580-8373 6

Cultural competency requires: Effectively providing services to people of all cultures, races, ethnic backgrounds, and religions in a manner that respects the worth of the individual and preserves one s dignity. www.hcca-info.org 888-580-8373 7

Cultural competency requires: Organizations to have a defined set of values and principles, and demonstrate behaviors, attitudes, policies, and structures that enable them to work effectively cross-culturally. Medicare Quality Improvement Community www.hcca-info.org 888-580-8373 8

Respecting cultural differences & similarities. www.hcca-info.org 888-580-8373 9

A five-step process for progressing on the cultural competence continuum. 1) Desire 2) Awareness 3) Knowledge 4) Skills 5) Encounters Campinha-Bacote J. A Model and Instrument for Addressing Cultural Competence in Health Care, Journal of Nursing Education 1999; 38:204. www.hcca-info.org 888-580-8373 10

Cultural Desire: The motivation of health care providers to want to engage in the process of cultural competence. Campinha-Bacote J. A Model and Instrument for Addressing Cultural Competence in Health Care, Journal of Nursing Education 1999; 38:204. www.hcca-info.org 888-580-8373 11

Cultural Awareness: The deliberate, cognitive process of health care providers becoming appreciative and sensitive to the values, beliefs, life ways, practices, and problem solving strategies of patients cultures. Campinha-Bacote J. A Model and Instrument for Addressing Cultural Competence in Health Care, Journal of Nursing Education 1999; 38:204. www.hcca-info.org 888-580-8373 12

Cultural Knowledge: Healthcare professionals seeking and obtaining a solid base of information regarding the worldviews of different cultural and ethnic groups. Campinha-Bacote J. A Model and Instrument for Addressing Cultural Competence in Health Care, Journal of Nursing Education 1999; 38:204. www.hcca-info.org 888-580-8373 13

Cultural Skills: The ability to collect relevant cultural data regarding the patients health histories and presenting problems, as well as accurately performing a culturally specific physical assessment. Campinha-Bacote J. A Model and Instrument for Addressing Cultural Competence in Health Care, Journal of Nursing Education 1999; 38:204. www.hcca-info.org 888-580-8373 14

Cultural Encounter: When healthcare professionals directly engage in face-toface cultural interactions and other types of encounters with patients from culturally diverse backgrounds in order to enhance existing beliefs about a cultural group. Campinha-Bacote J. A Model and Instrument for Addressing Cultural Competence in Health Care, Journal of Nursing Education 1999; 38:204. www.hcca-info.org 888-580-8373 15

How do we provide culturally competent care? www.hcca-info.org 888-580-8373 16

Strategies? Co-workers Patients & families Respected mediums Promising practices National standards www.hcca-info.org 888-580-8373 17

Individual Examples: What caused the illness Alternative treatment methods Patient-family spokesperson Communication styles www.hcca-info.org 888-580-8373 18

Organization Example: Health care organizations should ensure that staff at all levels and across all disciplines receive ongoing education and training in culturally and linguistically appropriate service delivery. CLAS Standard 3 (Guideline) www.hcca-info.org 888-580-8373 19

Organization Example: Health care organizations must make available easily understood patient-related materials and post signage in the languages of the commonly encountered groups and/or groups represented in the service area. CLAS Standard 7 (Mandate) www.hcca-info.org 888-580-8373 20

Organization Example: Health care organizations should ensure that data on the individual patient's/consumer's race, ethnicity, and spoken and written language are collected in health records, integrated into the organization's management information systems, and periodically updated. CLAS Standard 10 (Guideline) www.hcca-info.org 888-580-8373 21

Case Studies www.hcca-info.org 888-580-8373 Resource: University HealthSystem Consortium Learning Exchange 22

www.hcca-info.org 888-580-8373 23

Generalizations vs. Stereotypes: Stereotype = Ending point www.hcca-info.org 888-580-8373 24

Generalizations vs. Stereotypes: Generalization = Starting point www.hcca-info.org 888-580-8373 25

www.hcca-info.org 888-580-8373 26

Every encounter is a cross-cultural encounter. www.hcca-info.org 888-580-8373 27

Clinical Approach: Trust Communication Disclosure of information Negotiating differences Compliance with treatment Clinical outcomes? www.hcca-info.org 888-580-8373 28

Business Approach: Patient satisfaction Time Employee satisfaction Unnecessary procedures Demographic trends? www.hcca-info.org 888-580-8373 29

Legal Approach: Government regulations U.S. Department of Health & Human Services State legislation Non-government regulations National accreditation and regulatory agencies Professional organizations www.hcca-info.org 888-580-8373 30

Part 2: Cultural Competency & Compliance www.hcca-info.org 888-580-8373 31

Cultural Competency Strategy Goal www.hcca-info.org 888-580-8373 32

Reverend Martin Luther King, Jr. www.hcca-info.org 888-580-8373 33

Poll Question #1 Which of the following states have considered or passed legislation pertaining to cultural competence training? Arizona California Colorado Georgia Illinois Maryland New Jersey New Mexico New York Ohio Washington www.hcca-info.org 888-580-8373 34

State Licensing Requirements for Cultural Competency State Bill Number Sponsor/Committee Status NJ SB 144 Senator Wayne R. Bryant Passed 3-24-05 CA AB 1195 Assemblyman Joe Coto Passed 10-06-05 WA ESB 6194 Senator Rosa Franklin Passed 3-27-06 by governor AZ SB 1468 Senator Richard Miranda In committee IL SB 0522 Senator Iris Y. Martinez Session sine die NY S00765 Assemblyman William Referred to Finance Scarborough OH SB68 Senator Ray Miller and Introduced 2/20/07, Senator Shirley Smith currently in committee (http://qualityinteractions.org/cultural_competence/cc_statelicreqs.html) www.hcca-info.org 888-580-8373 35

New Jersey New York Colorado Florida www.hcca-info.org 888-580-8373 36

Maryland & Disease Prevention-Hepatitis C Advisory Council [House Bill 342] Adult Sickle Cell Anemia Study [House Bill 851] Health Care Disparities Report Card [Department of Health and Mental Hygiene Racial and Ethnic Variations Health Care Disparities Report Card (House Bill 58)] Department of Health and Mental Hygiene Cultural Competency and Health Outcomes Pilot Program [House Bill 1455] Higher Education Nurse Support Program Assistance Fund-Hospital Rates [House Bill 322] Statewide Commission on the Shortage in the Health Care Workforce [House Bill 1127] Others examples (www.dhmh.state.md.us/hd/faq.html) www.hcca-info.org 888-580-8373 37

Poll Question #2 Which of the following are US Department of Health and Human Services agencies/offices working on cultural competency compliance efforts? Agency for Healthcare Research and Quality (AHRQ) Centers for Disease Control (CDC) Centers for Medicare & Medicaid Services (CMS) Health Resources and Services Administration (HRSA) National Institutes of Health (NIH) Office of Minority Health (OMH) Office for Civil Rights (OCR) www.hcca-info.org 888-580-8373 38

CMS Centers formedicare &Medicaid Services Medicaid: Regulations require Medicaid providers and participating agencies, including long-term care facilities, to render culturally and linguistically appropriate services. The Health Care Financing Administration, the Federal agency that oversees Medicaid, requires that states communicate both orally and in writing in a language understood by the beneficiary and provide interpretation services at Medicaid hearings. (www.omhrc.gov/templates/browse.aspx?lvl=1&lvlid=3 laws) www.hcca-info.org 888-580-8373 39

CMS Centers formedicare &Medicaid Services Medicare: Addresses linguistic access in its reimbursement and outreach education policies. Providers are encouraged to make bilingual services available to patients wherever the services are necessary to adequately serve a multilingual population. Reimburses hospitals for the cost of the provision of bilingual services to patients. (www.omhrc.gov/templates/browse.aspx?lvl=1&lvlid=3 laws) www.hcca-info.org 888-580-8373 40

CMS Centers formedicare &Medicaid Services California: All Medicaid (Medi-Cal) recipients are enrolled in managed care plans. All of these plans provide cultural competence training for member services personnel. (USDHHS, OMH: Teaching Cultural Competence in Health Care, 3/12/02) Massachusetts Health care reform law established a Medicaid pay-for-performance plan for hospitals that is partly linked to disparities. The reduction of racial and ethnic disparities is among the specified quality standards and performance benchmarks that hospitals are required to meet by fiscal year 2009. www.hcca-info.org 888-580-8373 41

Office of Minority Health (OMH) Established 1986 US Department of Health and Human Services Houses Laws OCR Title VI Policies Initiatives (www.omhrc.gov/templates/browse.aspx?lvl=1&lvlid=3) Standards www.hcca-info.org 888-580-8373 42

CLAS Standards Culturally and Linguistically Appropriate Services (CLAS) in health care Stringency Levels: > Mandates > Recommendations > Guideline (www.omhrc.gov/templates/browse.aspx?lvl=2&lvlid=15) www.hcca-info.org 888-580-8373 43

CLAS Standards Culturally and Linguistically Appropriate Services (CLAS) in health care Themes: > Culturally Competent Care > Language Access Services - OCR Title VI > Organizational Supports for Cultural Competence (www.omhrc.gov/templates/browse.aspx?lvl=2&lvlid=15) www.hcca-info.org 888-580-8373 44

CLAS Standards Healthy People 2010: Every person in every community across the nation deserves equal access to comprehensive, culturally competent, community-based health care systems that are committed to serving the needs of the individual and promoting community health. www.hcca-info.org 888-580-8373 45

CLAS Standards Standards could be even more widely disseminated (Disparities And Quality Improvement: Federal Policy Levers, 2005) Evidence of moving in this direction www.hcca-info.org 888-580-8373 46

The Joint Commission CLAS Standards Crosswalked to Joint Commission 2007 Standards Important quality and safety issue Key element in individual-centered care (www.jointcommission.org/nr/rdonlyres/5eabbec8-f5e2-4810-a16f-e2f148ab5170/0/hlc_omh_xwalk.pdf) www.hcca-info.org 888-580-8373 47

National Standards The Joint Commission urac NCQA A Cultural Competency Standards Crosswalk CLAS Joint Commission 2006 URAC NCQA 2007 (www.urac.org/savedfiles/clas_standards_crosswalk_v2.pdf) www.hcca-info.org 888-580-8373 48

The Joint Commission Joint Commission Report: National Strategies Needed to Better Serve Increasingly Diverse Patient Population in American Hospitals The report marks an update from the Joint Commission s Hospitals, Language and Culture project Joint Commission has called on hospitals to improve language services for patients with limited English proficiency (RWJF, 1/2/08) www.hcca-info.org 888-580-8373 49

The Joint Commission To improve quality of care, Joint Commission recommends hospitals: Establish a program to coordinate language and cultural services Adopt a system for collecting race, ethnicity, and language data Regularly train staff on how and when to access language services Implement formal processes for translating patient education resources Create written policies that specifically prohibit the use of family members and children as interpreters in situations other than emergencies (RWJF, 1/2/08) www.hcca-info.org 888-580-8373 50

Statistics are people with the tears wiped off. ~ Kerr White, MD www.hcca-info.org 888-580-8373 51

Poll Question #3 Which of the following national organizations play a key role in guiding & accrediting medical education & hospitals in the US? Association of American Medical Colleges (AAMC) Joint Commission Liaison Committee on Medical Education (LCME) www.hcca-info.org 888-580-8373 52

Liaison Committee on Medical Education (LCME) In 2000, LCME introduced the following standard for cultural competence: The faculty and students must demonstrate an understanding of the manner in which people of diverse cultures and belief systems perceive health and illness and respond to various symptoms, diseases, and treatments. Medical students should learn to recognize and appropriately address gender and cultural biases in health care delivery, while considering first the health of the patient. (Cultural Competence Education for Medical Students, AAMC, 2005) www.hcca-info.org 888-580-8373 53

LCME LCME accreditation standards also specify: All instruction should stress the need for students to be concerned with the total medical needs of their patients and the effects that social and cultural circumstances have on their health. To demonstrate compliance with this standard, schools should be able to document objectives relating to the development of skills in cultural competence, indicate where in the curriculum students are exposed to such material, and demonstrate the extent to which the objectives are being achieved. (Legislation as Intervention: A Survey of Cultural Competence Policy in Health Care, 2007) www.hcca-info.org 888-580-8373 54

AAMC Association of American Medical Colleges In order to communicate effectively with patients, physicians will need to understand how a person s spirituality and culture affect how they perceive health and illness, and particularly their desires regarding end of life care. (Legislation as Intervention: A Survey of Cultural Competence Policy in Health Care, 2007) www.hcca-info.org 888-580-8373 55

AAMC Association of American Medical Colleges Tool for Assessing Cultural Competence Training (TACCT) (Cultural Competence Education for Medical Students, AAMC, 2005) www.hcca-info.org 888-580-8373 56

American Medical Association (AMA) When patients fail to receive high-quality care because of their race or ethnicity, the entire nation suffers. Fortunately, we in medicine are working hard to heal part of this disease of social injustice. ~ Ronald Davis President, AMA Co-chair, AMA s Commission to End Health Care Disparities www.hcca-info.org 888-580-8373 57

The Commission to End Health Care Disparities Mission: collaborate proactively to increase awareness among physicians and health professionals use evidence-based and other strategies advocate for action, including governmental, to eliminate disparities in health care and strengthen the health care system www.hcca-info.org 888-580-8373 58

Emerging Accreditation Requirements & Guidelines Accreditation Council for Graduate Medical Education (ACGME) American College Health Association (ACHA) National Committee on Quality Assurance (NCQA) National Initiative for Children s Healthcare Quality (NICHQ) Others www.hcca-info.org 888-580-8373 59

Poll Question #4 More than two dozen professional associations for health care providers have demonstrated support for cultural competence. True False www.hcca-info.org 888-580-8373 60

Associations for Physicians American Academy of Family Physicians American Academy of Orthopedic Surgeons American Academy of Pediatrics American College of Emergency Physicians American College of Obstetricians and Gynecologists American College of Physicians American Medical Association American Medical Women s Association American Osteopathic Association National Center for Primary Care National Hispanic Medical Association National Medical Association www.hcca-info.org 888-580-8373 61

Other Health Professions American Academy of Physician Assistants American Nurses Association American Pharmacists Association American Physical Therapy Association National Association of Social Workers Oncology Nursing Society www.hcca-info.org 888-580-8373 62

Mental Health American Psychiatric Association American Psychological Association National Mental Health Association www.hcca-info.org 888-580-8373 63

Educators American Association of Diabetes Educators American Medical Student Association Association of American Medical College Society for Public Health Education Society of Teachers of Family Medicine www.hcca-info.org 888-580-8373 64

Stephanie Pace Marshall Adding wings to caterpillars does not create butterflies, it creates awkward and dysfunctional caterpillars. Butterflies are created through transformation. www.hcca-info.org 888-580-8373 65

Conversation Starters It is more important to know what kind of patient has the disease than what kind of disease a patient has." ~ Sir William Osler www.hcca-info.org 888-580-8373 66

Conversation Starters Platinum Rule: Do unto others as they would have you do unto them. ~ Tony Alessandra www.hcca-info.org 888-580-8373 67

Questions and Comments Jacqueline (Voigt) Dieball Cultural Competency Manager University of Michigan Health System 734-615-0593 jvoigt@umich.edu www.hcca-info.org 888-580-8373 68