Health Care Reform Legislation: Senate Update

VHCA (10/23/09)

On October 19, 2009, Senate Finance Committee Chairman Max Baucus (D-MT) introduced the America’s Healthy Future Act of 2009 (S. 1796) to reflect the bill reported out of the Committee.  The American Health Care Association (AHCA) has prepared a document that highlights only those issues expected specifically to impact skilled nursing facilities (SNFs) and assisted living (AL). This analysis is an update to the previously issued document dated October 12, 2009. 

In addition to $14.6 billion in cuts to SNF Medicare payments, AHCA has concerns with other provisions of the bill.  Primary among those concerns are the establishment of an independent Medicare Commission to make proposals aimed at extending the solvency of Medicare and slowing Medicare cost growth. If Congress fails to take action on the recommendations they would automatically go into effect.

Additionally, AHCA had focused on a provision of the proposal that would expand the information publicly available on the Nursing Home Compare website to include summary information on number, type, severity and outcome of substantiated complaints and the number of civil monetary penalties levied against the facility, employees, contractors and other agents. The bill also would require information on SNF/NFs’ officers and disclosure of all SNF/NF owners and entities equal to or exceeding five percent of the total property.  

Senate Majority Leader Harry Reid (D-NV) is continuing negotiations to reconcile the Finance Committee bill with the bill passed by the Senate Health, Education, Labor and Pensions Committee (HELP). Likewise, on the House side, Democratic leaders are continuing the process of merging the three bills that different House committees produced. It is not clear when either the Senate or the House will finish this process and move a bill to the floor. Updates will be provided to VHCA/VCAL members as these proposals are modified or advanced in Washington.