Monday, December 22, 2008

From the Senate Special Committee on Aging

12-18-08 Excerpts from Statement by Special Committee on Aging Chairman Herb Kohl (D-WI)

“When it comes to nursing home quality and transparency, I firmly believe two things. First, that Americans should have access to as much information about a nursing home as possible. This information should include the results of independent safety inspections; the health status of residents, which is closely tied to the quality of services provided; the number of direct care staff responsible for providing hands-on care; and basic information about a home’s management and ownership. Second, I believe that the federal government has a responsibility to ensure that consumers can readily obtain this information in a clear manner, so that it can be used to help in making the best possible decision about which home is right for their loved one.

“CMS meets the first obligation fairly well, posting much of this data on the government’s website Nursing Home Compare. And with the implementation today of their five-star rating system for nursing homes, they are getting closer to meeting the second.

“Finally, I agree with (CMS) Administrator Weems that it is critical that families understand that the very best way to choose a nursing home is to visit it – more than once, with and without an appointment. Invaluable information can be gleaned by simply speaking with residents, their family members, administrators, and the state long-term care ombudsman’s office.

To view the 5 star rating systems visit www.medicare.gov/NHCompare

Related Legislation

If you are interested in the rating system for nursing homes, you may also be interested in three bills introduced in the 110th Congress regarding nursing home transparency.

The bill introduced in the Senate is S. 2641 sponsored by Sen. Charles Grassley (R-IA)

Highlights of the Nursing Home Transparency and Improvement Act of 2008

Increases Transparency of Nursing Home Ownership and Operations
Enables the residents and the government to know who actually owns the nursing home
Strengthens accountability requirements for individual facilities and nursing home chains including annual independent audits for nursing home chains
Improves Nursing Home Compare by including a nursing home’s ownership information, the identity of homes in the Special Focus Facility program, and links to inspection reports
Provides more transparency on a nursing home’s expenditures by requiring more detail about staffing expenditures in cost reporting
Brings uniformity and structure to the nursing home complaint process by requiring a standardized complaint form and complaint resolution processes that includes complainant notification and response deadlines
Provides for improved reporting of payroll-based nurse staffing information so that apples-to-apples comparisons can be made across nursing homes

Strengthens Enforcement
Equips the Secretary with tools to address corporate-level quality problems in nursing home chains by giving the authority to develop a national independent monitor program specific to multistate and large intrastate nursing home chains
Provides greater protection to residents of nursing homes that close by requiring advance notice of the closure as well as the development of a transfer and relocation plan of residents
Requires a study on the role that financial issues play in poor-performing homes
Requires a study on best practices for the appointment of temporary management for nursing homes
Authorizes demonstration projects for nursing home “culture change” and for improving resident care through health information technology

Improves Staff Training
Improves staff training to include dementia management and abuse prevention training as part of pre-employment training
Requires a study on increased training requirements either in content or hours for nurse aides and supervisory staff

Similar bills were also introduced in the House including H.R.5799 Sponsored by Rep. Eddie Bernice Johnson (D-TX) and H.R. 7128 sponsored by Rep. Pete Stark (D-CA). To view the bills visit http://www.thomas.loc.gov/

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