Inside Health Policy: Beneficiary Groups Concerned CMS’ Nursing Home Guidance Could Lower Penalties [Article unavailable online] (8/23/17) New nursing home guidance issued by CMS in July includes two major penalty exceptions that concern beneficiary advocates. The exceptions sanction per-instance, instead of per-day, penalties for facilities with good compliance histories and situations where a single isolated incident causes harm to a resident. According to Justice in Aging’s Eric Carlson, per-day penalties provide erring nursing home with incentive to correct compliance issues and reduce noncompliance issues. He expects that nursing homes, under the new guidance, will face more per-instance penalties, instead of large, accumulating per-day penalties. “I’ve certainly seen situations in the past where a facility is willing to pay the penalty as a fee for doing business,” Carlson said.
California Healthline: California Lawsuit Aims To Protect Spouses Of Disabled From Financial Ruin (7/10/2017) Justice in Aging, along with partner advocacy groups, filed a lawsuit against the State of California for failing to implement a Medicaid federal spousal impoverishment law meant to protect patients and their partners from becoming impoverished while paying for in-home care. Plaintiffs seek to compel the State of California to implement the law back to January 1, 2014, to notify individuals who potentially were eligible for the protections of their rights, and to reimburse them for any out-of-pocket expenses they paid that should have been free.
Governing.com: As Demand for At-Home Care Grows, States Debate How to Pay for It (7/2017) Justice in Aging’s Kevin Prindiville discusses the increasing funding need for at home and in-community-based programs as older Americans opt to stay home. “The trend is shifting at every level to care at home and in community-based settings. People are increasingly asking for and expecting this.”
Associated Press: Nursing homes turn to eviction to drop difficult patients (5/08/2016) Rates of nursing home evictions are increasing, despite the decline in the number of nursing homes and nursing home residents in the U.S. Resident advocates argue that evictions, or involuntary transfers, are carried out without proper justification and target residents who are poor and suffering from dementia. Nursing homes that have no legal cause for eviction sometimes “try and take the easy way out and refuse to let the person back in (from hospitalization),” said Justice in Aging’s Attorney Eric Carlson.
John should not have to worry about a nursing facility neglecting Jack due to his sexual orientation. As an 83 year-old caregiver, John should not face the additional burden of replacing Jack’s neglected care. Read More
Many common nursing home practices are, in fact, illegal. In order to receive the best possible quality of care, a resident or resident’s family member should be familiar with the protections of the federal Nursing Home Reform Law, and understand how to use the law effectively.
REPORT - ISSUE BRIEF
The Problem: Can You Spot the Legal Violations in this Job Announcement?
California’s assisted living policy is surprisingly behind-the-times. 30 years ago, the assisted living system was created in California for residents without significant health needs. Today, assisted living residents are much sicker than they used to be, but there’s no solid quality of care standards for the facilities to follow to meet this need within the law. This leaves facilities in the precarious position of trying to meet residents’ health care needs, like for medication administration, sometimes by finagling their own solution like hiring a “med tech” or “med aide” –terms not defined in California law and without state education and testing standards.
Read the full issue brief here, including a quick quiz on the surprising legal violations found in many assisted living job announcements.