U.S. easing of nursing home penalties could imperil Minnesota’s crackdown on elder abuse
In recent months, the federal
"This absolutely takes us down the wrong path," said
The policy shift represents a major victory for the nursing home industry, which has long denounced federal fines as inconsistent and too burdensome. In
Yet advocates for elderly residents worry that, without daily penalties for recurring violations, nursing homes will have less incentive to correct serious deficiencies in care. The federal move also comes as Gov.
A five-part
Responding to the series, Dayton appointed a working group to review state oversight of senior care homes and transferred some enforcement authority from the
Still, as elder care advocates point out, monetary penalties are just one tool in the regulatory toolbox, and states still have other ways to hold nursing homes accountable. States can, for instance, increase the frequency of regulatory surveys and impose non-monetary sanctions. The new directives also only apply to federally regulated nursing homes, not the state's roughly 1,200 assisted-living facilities, which have about twice as many residents as nursing homes.
"This throws a definite wrench in the efforts of states that are really trying to hold these facilities accountable, but there are other remedies available," said
"
Dysfunctional?
Still, the federal system for imposing penalties has long been decried as dysfunctional and inconsistent, even among senior care advocates. States can impose penalties either by incident, capped at about
A
In 2016, for instance, health inspectors faulted the Estates at
A spokesman for
That same year, by contrast,
The fines have also been rising at a time when
"It's unfortunate that while both regulatory compliance and quality measures continue to show improvement, the government appears to be using increased fines as a way to punish providers," said
Under the new policy, CMS is discouraging state agencies from issuing per-day fines for violations that occurred before an inspection. Per-instance penalties, which tend to be much smaller, are now the recommended approach. The new guidance, outlined in a July memo, reversed the policy under the Obama administration, which preferred daily fines.
With little fanfare, CMS issued a second guidance letter in October also aimed at softening penalties. This time, the agency directed state survey directors to consider a number of variables, such as whether a violation was a "one-time mistake or accident" or was an intentional action, before imposing immediate sanctions. The new guidance marked a historic shift away from the automatic imposition of penalties for serious violations.
The Trump administration is also pushing to scrap an Obama-era rule that would have made it easier for nursing home residents to sue nursing homes for injuries caused by poor care and neglect.
Taken together, the policy changes represent a "dismantling of the federal enforcement system," said
"The penalties are now likely to be so small that facilities will see them as little more than the cost of doing business," she said.
___
(c)2018 the Star Tribune (Minneapolis)
Visit the Star Tribune (Minneapolis) at www.startribune.com
Distributed by Tribune Content Agency, LLC.
Combining Home And Auto Insurance – The Discounts Available
Proposed rule would expand insurance opportunities to small businesses
Advisor News
Annuity News
Health/Employee Benefits News
Life Insurance News