Nursing Home Transparency & Improvement Bill Introduced

VHCA (2/15/2008)

Late Thursday afternoon, Senators Chuck Grassley (R-IA) and Herb Kohl (D-WI) introduced the Nursing Home Transparency and Improvement Act of 2008.  The American Health Care Association (AHCA) has expressed serious concerns about the legislation in its current form, believing that the bill requires substantial modification to achieve the goal of sustaining the quality care improvements being made in America's nursing homes.   The bill seeks to increase transparency and strengthen enforcement on a number of levels.  The bill would direct the Centers for Medicare & Medicaid Services (CMS) to update the Nursing Home Compare website to reflect greater accountability in terms of who owns and operates facilities, flagging Special Focus Facilities, and providing standardized complaint forms and links to facilities' 2567 inspection reports. Senators Grassley and Kohl also seek to provide transparency by requiring more detailed cost reporting and reporting on nurse staffing.

The Nursing Home Transparency and Improvement Act would impose more stringent penalties for serious quality deficiencies—e.g., civil money penalties (CMPs) as well as collection of fines within 90 days following a hearing.  The bill also proposes studies on how financial issues affect poor-performers, on the impact of temporary management, on barriers to purchasing a facility with a history of poor performance, as well as studying issues related to staff training.

Senator Grassley's statement notes that, "nursing homes are going to remain a critical option for our elderly and disabled populations." The Senator also acknowledges, "In the nursing home industry, most homes provide quality care on a consistent basis."   AHCA agrees that better consumer information is needed—especially timely and accurate and meaningful information. AHCA staff is reviewing the final bill, and working with Senators Kohl, Grassley and all long term care stakeholders to help improve the bill to make certain that the best interests of our residents and caregivers and the quality of care remain of paramount concern.