Who Will Dialyze “Complex Patients”?
For years, I’ve received an occasional call or email from a hospital case manager or a patient’s loved one who was having a hard time finding a dialysis clinic that would admit someone with a trach with or without a vent. I was surprised that patients’ loved ones were having such a hard time. When I worked in dialysis, my dialysis clinic admitted a patient with a trach who required no extra time or care compared with our other dialysis patients. I don’t remember any discussion about whether to take this patient or not.
After years of getting these calls and email, in 2011, I wrote an article for Home Dialysis Central’s Life@Home to encourage people to think out of the box regarding access to dialysis for these complex patients. In particular, I suggested that dialysis decision-makers concerned about the staffing and training needed to care for patients with a trach/vent in the clinic consider training a family member or paid helper who did trach/vent care to do PD or home HD as well. It seemed to me that a home dialysis approach would primarily take two things:
A nephrologist who believed the patient was stable enough to dialyze outside an acute care setting
A clinic certified to provide home dialysis training and support, and willing to admit and train the patient/partner.
I had no idea that writing that article would open the flood gates! I got even more calls and emails from people trying to find outpatient dialysis for their loved one. When I got a call here and there over the years, I was concerned, but my advocate nature wasn’t triggered until I’d had 5 such calls or emails in less than 2 months.
The Cases
One patient with a trach had been on dialysis at a local clinic and was then hospitalized for more than 30 days (receiving in-patient dialysis). A hospital nurse case manager tried to find an outpatient clinic for some time with no success—even after offering to send a nurse to a dialysis clinic to do trach care, or let the clinic train the patient/partner for home HD at the hospital. She reported that the patient’s trach did not require frequent suctioning.
A hospital nurse case manager had been trying to find a clinic for regular dialysis for patient with a trach. This patient had also been on dialysis at a local clinic prior to a lengthy hospital stay, and was refused readmission. The hospital stay was exhausting the patient’s Medicare Part A lifetime reserve days.
A patient had been in the hospital for a several months and his Medicare Part A had run out. His wife contacted me because the hospital wanted to discharge him to a nursing home several states away, which he opposed. He was hoping any local dialysis clinic would admit him, and was doing rehab exercises to be able to go home. The hospital told the couple he could have hospice at home, but the hospice agency would not pay for the vent or dialysis. The patient chose to go home, and died a few days later. Finding a dialysis clinic could have extended his life.
A patient had a healed trach that was capped and required only cleaning, which his wife did. No dialysis clinic—including the one where he’d previously received dialysis—would admit/re-admit him. The hospital was trying to discharge the patient to a long-term acute care setting that even his nephrologist said was unnecessary. All he required was a dialysis clinic that would teach the couple to do home HD.
When calls to multiple clinics, including clinics where patients had previously been treated, turned up no options, I began to wonder if dialysis companies/clinics had a blanket policy to refuse patients with trachs/vents. I remembered that some social workers had talked about “administrative discharges”—CROWNWeb instructions said to remove a patient from the clinic census when s/he was gone for more than 30 days. My contention was that discharging a patient for being away from a clinic for 30 days without the patient’s permission was an involuntary discharge. “Administrative discharges” did not meet any of the allowed reasons for involuntary discharge.
Involuntary Discharges and the ESRD Conditions for Coverage
ESRD Networks and CMS Central Office personnel in the Qualify Safety & Oversight Group (previously the Survey & Certification Group) confirmed that this practice was not allowed, and said that any clinic that involuntarily discharges an established patient must comply with the ESRD regulations.
I understand that clinics can refuse to admit/readmit a patient when those making decisions do not believe they can meet the patient’s documented medical needs as required by the Condition for Governance at 42 CFR 494.180(f)(4): “…the medical director ensures that the patient’s interdisciplinary team—
(i) Documents the reassessments, ongoing problems(s), and efforts made to resolve the problem(s), and enters this documentation into the patient’s medical record;
(ii) Provides the patient and the local ESRD Network with a 30-day notice of the planned discharge;
(iii) Obtains a written physician’s order that must be signed by both the medical director and the patient’s attending physician concurring with the patient’s discharge or transfer from the facility;
(iv) Contacts another facility, attempts to place the patient there, and documents that effort;
(v) Notifies the State survey agency of the involuntary transfer or discharge…”
In the four cases above, there was no indication that any of the patients had been fully assessed by the IDT or had received a 30-day letter or help to find another clinic. I don’t know if the treating physician and medical director had signed a discharge order or if these or other patients are ever informed that being away from a clinic for longer than a month could place them at risk of not having a dialysis clinic to return to. I suspect that the risk is higher for patients with “complex conditions” or those viewed as “demanding” or as “behavior problems.”
Other Pertinent Regulations
The Condition for Patients’ rights at 494.70 (a)(7) gives the patient the right to learn about all treatment options, including those not offered at the clinic.
The Condition for Patient assessment at 42 CFR 494.80(a)(9) requires the interdisciplinary team (IDT) to assess multiple things, including the patient’s “abilities, interests, preferences and goals including…the desired modality (hemodialysis or peritoneal dialysis) and setting.”
The Condition for Patient plan of care at 42 CFR 494.494.90(a)(7) states that the dialysis IDT must either identify a plan for home dialysis or document why not.
The Interpretive Guidance to the Condition for Care at home at 42 CFR 494.494.100(a) states that the clinic can train patients in their home “to meet the individual needs of the patient or helper.”
The Condition for Responsibilities of the medical director at 42 CFR 494.150(c) states that the medical director ensures the dialysis clinic has admission and other policies and that the staff and other physicians follow those policies.
Patient New to Dialysis
I reached out to an ESRD Network for help with a fifth patient not described above, whose spouse contacted me and told me she hadn’t been treated at a dialysis facility prior to starting dialysis in the hospital. A trach had been placed during a lengthy admission, and she was still in the hospital. I learned that no ESRD Network would help her, because she didn’t have a CMS 2728, since she hadn’t yet received dialysis in an outpatient clinic. This patient has full insurance from an employer group, ambulates with a walker, a surgeon has assessed her and said she is a PD candidate, and her nephrologist believes she is stable enough to be treated as an outpatient. To date, no dialysis clinic has agreed to admit her, including the clinic where her hospital nephrologist practices. What is a patient like this to do?
Advocacy & Dialysis Clinic Policies
Last month after the first four patients contacted me, I emailed Drs. Allen Nissenson and Robert Kossmann, chief medical officers of DaVita and Fresenius respectively. Both responded promptly to my emails and denied a blanket policy against admitting patients with a trach or vent. Both said their company considers each individual on a case-by-case basis. Dr. Nissenson included several other DaVita leaders on his email to me. One told me that DaVita is identifying, providing additional staff training, and approving clinics to admit “complex patients” including those with trachs/vents, LVADs, etc. Two DaVita VPs identified clinics to admit two of the patients mentioned above. One went into a rehab setting with a plan after rehab to admit the patient to a dialysis clinic. As stated before, the other patient died before a clinic could be located to admit him. I recently learned the patient new to dialysis had been treated at a clinic between hospital stays. The spouse was unsuccessful in locating any clinic to admit his wife for home training. However, the patient’s nephrologist got a dialysis clinic near the hospital to agree to admit and train the patient. That clinic is three hours from the patient’s home.
Questions for Dialysis Providers
Hearing that dialysis corporations base admissions on a case-by-case basis stimulated me to develop some questions I’d like to dialysis providers to consider and answer:
Does your company have specific criteria to screen patients with trachs (with or without a vent) to determine who can be cared for safely in one of your clinics?
Does it make a difference so far as admission/readmission if the patient doesn’t need trach care during dialysis? What documentation of this would be required?
Does your company policy allow non-clinic personnel (family or other) who have proven vent/trach competency to provide that care for an in-center patient?
ESRD regulations allow clinics to train patients for PD or home HD in their homes to better meet their needs. What criteria does your company use to decide if a stable patient with a trach/vent can have home training for PD or home HD in the clinic or the patient’s home?
Denying an established patient readmission based on inability to meet medical needs is the equivalent of involuntarily discharging that patient:
How does your company meet the requirement to provide appropriate notification to the patient, ESRD Network and state survey agency?
How does your company policy meet the requirement for dialysis staff to help these patients find another clinic?
What is your company policy related to the physician’s ethical responsibility in ending the physician-patient relationship without committing “patient abandonment,” which requires physicians to help a patient find another treating physician?
Is your company identifying and certifying clinics where there are sufficient staff who have been trained to handle patients with more complex needs?
Would you be willing to share with Medical Education Institute the names and locations of clinics that will consider accepting patients with trachs (with or without) vents for in-center or home dialysis so we can direct them or their loved ones to your clinics?
For Unstable Patients – Life & Death Decisions
I fully understand what dialysis company leaders have told me. Some patients with vents/trachs are too unstable to receive dialysis outside a nursing home or long-term acute care setting where staff are prepared to care for dialysis and for trachs/vents. Those patients’ families may need to decide where their loved one can receive the safest care. Their doctor(s) need to be honest (blunt) about the patient’s prognosis, including what quality of life the patients may be expected to have. Families may need help to talk with the patient, if competent, about his/her end of life wishes. An advance directive can make decisions easier when a patient is unable to make his/her own. As hard as it is, families may need to consider what kind of death the patient would choose and where s/he would like to die. Without dialysis, someone with kidney failure is likely to die within days, or at most, weeks. Hospice agencies can provide valuable support to patients and families in their homes or nursing homes. Medicare and other insurance usually cover hospice if the patient is terminally ill and a doctor certifies s/he is likely to die in 6 months or less. The patient and family may gain added comfort from having that time with hospice support in the home, where the patient can be surrounded by loving family, friends, and beloved pets.
Comments
Trish Mitchell
Feb 13, 2024 11:57 PM
Sonya Wiley
Jan 03, 2024 11:55 PM
Desirae Edwards
Sep 05, 2023 9:16 PM
I'm grateful for any advice.
Beth Witten
Sep 16, 2023 11:33 PM
Desirae Edwards
Jan 26, 2024 9:35 PM
Debra Bailey
Feb 09, 2023 3:10 AM
I agreed to train so I can get him out of the hospital. Prior to him going into the hospital I performed PD dialysis at home everyday. I am also trained for trac care and ventilator. The ventilator is only used at night.
Fresenius said they would take him and train me on hemodialysis since he is no longer a candidate for PD. However, they are requiring a CNA be present for the training. The Case Worker cannot find a CNA to accompany us for training. The companies that were willing to entertain the idea wanted long term assignments or just didn’t have the staffing.
So, my husband is being held hostage in the hospital. He is in ICU waiting for a CNA so he can leave the hospital. I need help, let me know what I do.
Beth Witten
Feb 09, 2023 11:00 PM
You said you were trained and did your husband's PD when he used a cycler. You say your husband is no longer a candidate for PD. I'm wondering if you believe that because of the LVAD and vent/trach or whether the doctors have said that. Research has found that PD can be used successfully with patients with LVADs. In fact, PD has fewer problems than HD according to the articles I've linked to below.
https://www.kidneymedicinejournal.org/article/S2590-0595(21)00025-X/fulltext
https://pubmed.ncbi.nlm.nih.gov/29249390/
This article discusses all types of dialysis and says that with people requiring ventilators, the risk of bleeding, low BP, and death are lower with PD than with intermittent HD.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8162503/pdf/cc9-3-e0399.pdf
It might be worth showing these articles to the doctors and asking them to reconsider.
Assuming they have a good reason why your husband has to do HD, I don't understand why Fresenius is requiring a CNA to be there when you're the one who will be training to be your husband's care partner for home HD. Do they expect you to pay a dialysis tech or CNA to be there for every dialysis session? Are they requiring this to reduce their legal liability in case something unforeseen happens? If they don't trust you to be his care partner after you've been trained on the LVAD, the vent, the trach, and PD, then I'd check to see if your insurance will cover staff assisted home dialysis. This is not widely available probably because Medicare doesn't cover it. However, it may be covered by a job-based insurance plan.
Have the doctors talked with you and your husband about whether he might be a candidate for a multi-organ transplant? When someone needs multiple organs, waiting times are typically lower. You can find multiple multi-organ transplant programs by looking on Google with the search term "multi-organ transplant."
Patricia Logan Harrison
Feb 01, 2023 8:56 AM
How can a state Medicaid agency fail to provide care for a person because he has a trach? This person lived in a group home successfully for years before he contracted covid in 2020.
Is this all about money? It is costing more than $800,000 a year to provide care for him in the hospital. His parents are elderly and have their own health issues and cannot provide care for him at home.
Has anyone done an ADA lawsuit or an action alleging violation of the Medicaid Act in other states? The state received billions of dollars in covid relief money, but they are using it for other purposes.
This seems to me to violate the state's obligation under Medicaid to provide medically necessary services.
Beth Witten
Feb 01, 2023 10:23 PM
Some things that might help:
- Is the trach capped or if not, does it not need suctioning often?
- Could the patient be weaned off the trach?
- Have you used the Medicare Dialysis Care Compare database to find a clinic? There are over 150 dialysis clinics in SC. Some aren't owned by DaVita or Fresenius. You can find this database using this link - https://www.medicare.gov/care-compare/ - and look for dialysis facilities.
Finally, you might try calling (803) 545-4370 or 1-800-922-6735. This is the phone number to call in the SC Dept of Health & Environment to file a complaint. You could ask the person who answers to refer you to the state surveyor who surveys dialysis facilities and/or nursing homes to ask what s/he knows about dialysis for patients with trachs in a dialysis facility or nursing home.
Mary Powell
Nov 23, 2022 12:53 AM
Beth Witten
Nov 23, 2022 4:05 PM
In the meantime, talk with the nephrologist who is caring for your daughter now. Ask him/her if s/he can advocate for your daughter with colleagues in the community assuming your daughter is stable enough to be discharged to home once a dialysis clinic is found that will admit her. Ask the nephrologist if it would help if the family provided someone trained in trach care to be present during dialysis at the clinic to perform that care if needed. Ask if any clinic might be willing to train a family member to do home dialysis (peritoneal or hemodialysis). Your daughter's care partner would need to be trained to do dialysis and trach care.
If your daughter's trach is capped and doesn't need suctioning, that might help. Has any doctor provided an estimate of how much longer she might need the trach? If it's short-term, would she be willing to get care at a skilled nursing facility that does dialysis onsite?
Davita Guest Services Admissions team at (866)475-7757 may be able to find a clinic that would work with you and her doctor on whether there is a clinic wiling to treat her. If you email me at beth@wittenllc.com and tell me more about her condition, where she lives, and where she's hospitalized now, I can reach out to those I've worked with at DaVita and Fresenius to see if they can help.
Jesusa Lee
Oct 18, 2022 2:39 AM
Beth Witten
Oct 20, 2022 7:48 PM
Ray Tanfer
Aug 12, 2022 8:34 PM
I need to find either an LTAC or a Sub-Acute SNF willing to admit him. Has anyone had luck finding such a facility for their patient in a similar situation? our family will consider any part of California and neighboring states.
Beth Witten
Aug 25, 2022 3:22 PM
If you're not able to care for him at home, the two largest dialysis corporations, DaVita and Fresenius, are providing dialysis in some nursing homes.
DaVita - https://www.davita.com/treatment-services/dialysis/skilled-nursing-facility (lists states & contacts)
Fresesnius - https://fmcna.com/patient-care/kidney-care/skilled-nursing-facilities-partnership/ (see contact form)
You may find others by searching Google for "nursing home dialysis."
Renee Paulson
Jul 20, 2022 4:40 PM
Beth Witten
Jul 20, 2022 6:07 PM
The Area Agency on Aging reports that MyRide2 helps people find transportation options at https://www.myride2.com/. Providers may have limited hours of operation. I'd make sure the social worker and/or facility administrator are aware of the transportation service hours and ask for their help to get a shift during those operating hours if you or another family member or friend can't transport him to dialysis.
I was appalled to read that any transportation service would refuse to transport a patient merely because he has a trach, I'd report that to the Michigan Department of Transportation's ADA Coordinator as a potential violation of the Americans with Disabilities Act. Here's that person's contact info:
Tonya Doyle-Bicy
Doyle-BicyT@michigan.gov
517-241-4424
Michigan Dept of Transportation
Attn: Tonya Doyle-Bicy
Van Wagoner Building
425 W Ottawa St
PO Box 30050
Lansing, MI 48909-7550
Many patients who lack transportation choose to do home dialysis (peritoneal dialysis or hemodialysis). This requires training and he may need help to do it. Here's a link to a decision aid that can help a patient and family review treatment options to see what might fit best with their values/needs. https://mykidneylifeplan.org/
Lindsay
Jun 11, 2022 9:11 PM
Theresa Clark-timms
Jul 20, 2022 7:42 AM
Beth Witten
Jul 04, 2022 9:49 PM
Looking at Medicare.gov "Providers and Services" for dialysis clinics in Rolla, there are 2 DaVita clinics (one that does in-center and home dialysis and one that trains patients for peritoneal dialysis. DaVita has suggested to me that when I encounter these cases, to advise the family to contact their Guest Services Admissions team at (866)475-7757. If the trach is capped and doesn't require suctioning, be sure to say that.
Steph B
Jan 05, 2022 3:32 AM
Beth Witten
Jan 19, 2022 1:26 AM
Denise Murphy
Dec 21, 2021 5:17 PM
Theresa Clark-timms
Jul 20, 2022 7:47 AM
Beth Witten
Dec 21, 2021 5:19 PM
I'm sorry to read about this situation. Are you an inpatient at the specialty hospital since you haven't been able to get dialysis at an outpatient clinic? If you were able to get outpatient dialysis, could you live independently with or without help from your family or friends/support system? Before you were denied readmission at your DaVita clinic, did your nephrologist and your ENT tell the clinic if your trach needed suctioning, how often, and whether you had been trained or could be trained to do that yourself? Although trach care is part of an RN's training dialysis clinic RNs may be rusty on trach care and clinics may believe staff don't have the time to do that with staffing as tight as it is. I'm not making excuses for clinics and believe they should be able to admit/readmit patients like you. Would you be interested in learning how to do PD or home hemodialysis if you could get training to do that in the clinic or in your home if a clinic in your area would offer that? When you learned you couldn't get dialysis at your clinic, did you contact the patient services personnel at IPRO ESRD Network 6 that covers Georgia to see if they knew your clinic refused to readmit you? I view this as an involuntary discharge (IVD). By federal regulation dialysis clinics are supposed to notify the ESRD Network and State survey agency when they IVD a patient. You could file a grievance with the Network by calling IPRO ESRD Network 6 at 1-800-524-7139 and the GA Department of Community Health (State survey agency) at (800) 878-6442. I am trying to address these kinds of problems. Please email me at beth@wittenllc.com.
David M Larson
Aug 23, 2021 9:57 AM
Beth Witten
Aug 27, 2021 11:20 PM
- DaVita Balcones at Home - 1-800-424-6589 (placement specialist)
- Fresenius Kidney Care Austin South - (512) 707-7601
- Fresenius Kidney Care Kyle - (512) 268-2428
- Wellbound Austin - (512) 833-6651
- Wellbound South Austin - (512) 735-6300
Have you asked your spouse's nephrologist if s/he will help you find a clinic that will admit your spouse. S/he would need to talk with the medical director and describe your spouse's condition. Because staff in dialysis have limited time, it would help if your spouse's trach requires little care. In most cases, a patient and care partner are trained in the clinic so you would be provide to trach care if needed during training. The dialysis regulations allow clinics to train a patient at home if the clinic is staffed well enough to allow the home training nurse to do that.
Gloria Wheeler
Aug 20, 2021 9:45 PM
Beth Witten
Aug 22, 2021 12:14 AM
Lauren Bender
Jul 31, 2021 2:31 PM
Beth Witten
Aug 02, 2021 4:02 PM
https://esrd.ipro.org/about-our-networks/contact-us/network-9-staff/. If neither of those options work, please let us know by contacting us at https://homedialysis.org/about-us/contact.
Heather
May 25, 2021 6:51 PM
Theresa Shomaker
Mar 31, 2021 4:27 PM
She had a surgery at the end of November and ended up paraplegic due to complications and lost her kidney function along with unable to ween because of her anxiety.
Everyone has told us it is impossible to do both dialysis and trach care in the home setting for her and our only option is to move her a nursing home another state away or take her home for end of live care without dialysis.
She has a supportive family and would live, thrive, have low anxiety and more then likely strong enough to ween properly if we could just get my mom home.
I am will to do what ever it takes to do this but I can't find help and the prior hospital amd LTAC has said this isn't possible. Please help because she has made it clear it's home and no where else.
Please help me save my mom if you can. We are on borrowed time already admitting her into another hospital Missouri Baptist in St Louis. Also anywhere within range of Melbourne, Florida outside of Orlando will work to as we were in the middle of moving before she went in for this surgery. We will pay to transport her just need to find a solution.
Open to anywhere in the US if there is no options close to these locations to do in home care. Home is the people you love and family not four walls and a roof.
Thank you so much!
Theresa Shomaker
Beth Witten
Apr 07, 2021 11:15 PM
In case home dialysis is not an option at this time, Kindred Hospital in Melbourne provides care for people who require a vent, and the website indicates that it “may offer dialysis in a designated room or at the bedside.” The contact information for Kindred is:
Kindred Hospital Melbourne
765 West Nasa Boulevard
Melbourne, FL 32901
321.733.5725
https://www.kindredhealthcare.com/locations/transitional-care-hospitals/kindred-hospital-melbourne/types-of-care/additional-types-of-care
Ramsey
Jan 12, 2021 9:15 PM
Beth Witten
Jan 12, 2021 9:58 PM
Marsha Solomon
Sep 30, 2020 12:07 PM
Mona Nelson
Dec 26, 2020 2:10 AM
Beth Witten
Oct 02, 2020 2:02 AM
NOTE: Medicare covers dialysis, but doesn't pay for staff to do dialysis on patients in their home or nursing home/rehab. Other insurance may cover this cost.
Mona Nelson
Jun 29, 2020 8:19 PM
Beth Witten
Jul 10, 2020 6:36 PM
Susan
Mar 05, 2020 6:06 PM
He had pneumonia last November, which turned to sepsis and necessitated his starting HD. Once his condition stabilized he went to an LTAC for further recovery and inhouse dialysis (run by Fresenius), until he needed to be moved to a SNF for rehab to hopefully become ambulatory again.
However when the SNF transported him to an Fresenius clinic which had previously accepted him(and was a "known" patient from the LTAC), he was sent away without dialysis.
I was told that the dialysis clinics are able to turn down whomever they want, and have not offered any their clinics nearby (Northeast Mass.) which may have the respiratory staff to make their treatment more inclusive. It's terrible that such a vital medical treatment is profit-driven by these heartless corporate monopolies. At this time, he is in a hospital, just to receive his dialysis. His life lies in the balance of corporate policy and so I welcome any suggestions (not hospice,please, as lack of access to proper care shouldn't be fatal in this country). I am looking into home HD for him, but need a faster solution. Thank you.
Beth Witten
Mar 05, 2020 10:07 PM