Earlier
this year, the National Consumer Voice for Quality Long-Term Care
(Consumer Voice) and California Advocates for Nursing Home Reform
(CANHR) filed with the assistance of counsel AARP Foundation and
Constantine Cannon LLP a lawsuit challenging a Centers for Medicare and
Medicaid Services (CMS) 2017 directive that weakened the enforcement
standards of the Nursing Home Reform Act and put residents at risk of
harm. Last week, CMS reversed course, rescinding the directive and reinstituting stronger penalties for nursing home violations.
The
guidance at the center of the lawsuit restricted the use of civil money
penalties for past non-compliance to a “per instance” maximum fine
rather than allowing fines for each day of noncompliance. This policy
significantly reduced the penalties imposed for violations that placed
residents at risk of harm and removed incentives for nursing homes to
detect and fix serious problems quickly.
“This action by CMS
will provide incentive for nursing homes to identify and correct
problems in a timely manner, as required by the Nursing Home Reform
Act,” said Lori Smetanka, Executive Director of the Consumer Voice. “A
strong enforcement system is necessary to protect residents from harm.
The Consumer Voice commends CMS for this important action.”
In rescinding the guidance, CMS stated
“upon further consideration … the agency should retain the discretion
at this time to impose a per-day penalty where appropriate to address
specific circumstances of prior noncompliance.”
For more information, contact Lori Smetanka, lsmetanka@theconsumervoice.org.
Read the article on the topic in the New York Times.
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