Showing posts with label Medicare. Show all posts
Showing posts with label Medicare. Show all posts

Sunday, April 28, 2024

Use of antipsychotic meds for older adults drops after warning letter from Medicare

By Dennis Thompson

Letters sent to heavy prescribers of quetiapine (Seroquel), the most popular antipsychotic in the United States, led to a significant decline in drugs handed out to seniors, researchers reported. Photo by Adobe Stock/HealthDay News

Warning letters sent by Medicare officials can prompt a decline in antipsychotic prescriptions for seniors with dementia, a new study finds.

Letters sent to heavy prescribers of quetiapine (Seroquel), the most popular antipsychotic in the United States, led to a significant decline in drugs handed out to seniors, researchers reported Thursday in the journal JAMA Network Open

"People with dementia living in nursing homes and in the community were prescribed less and we did not detect negative health impacts for these groups," said lead study author Michelle Harnisch, a research student at the London School of Economics in the U.K.

Antipsychotics like quetiapine are often used in dementia care to manage behavioral symptoms like anxiety, agitation and delusions or hallucinations. 

About one in every seven nursing home residents has been prescribed an antipsychotic, researchers said in background notes.

However, the drugs come with well-known health risks that have started raising concerns.

Dementia patients taking antipsychotics have an increased risk of a wide range of potentially fatal conditions, including a more than doubled risk of pneumonia, found a study published on April 17 in the BMJ.

The drugs were also associated with a 72% increased risk of kidney injury, a 62% increased risk of blood clots, a 61% increased risk of stroke, a 43% increased risk of bone fractures, a 28% increased risk of heart attack and a 27% increased risk of heart failure, the study found. 

The U.S. Centers for Medicare and Medicaid Services is currently investigating the overuse of antipsychotic drugs in nursing homes.

This new study sought to evaluate the effectiveness of a clinical trial in which Medicare sent warning letters to health providers who frequently prescribed quetiapine.

Letters were sent to 5,055 doctors, who were providing the drug to almost 85,000 nursing home patients and more than 261,000 patients living in the community.

After the letters went out, there was a 7% reduction in quetiapine prescriptions for nursing home patients and a 15% reduction in prescriptions to patients living in the community.

The researchers also found that the patients did not suffer as a result of cutting back prescriptions for these meds.

In fact, there were signs of improved mental health among the patients, and the risk of death for patients living out in the community fell slightly.

"These results show that this intervention and others like it could be leveraged to make prescribing safer and improve dementia care," researcher Adam Sacarny, an assistant professor of health policy and management at Columbia University, said in a university news release. "Similar interventions could also be adapted to other contexts to promote high-quality care." 

More information

The Alzheimer's Society has more on antipsychotics and dementia.

Full Article & Source:
Use of antipsychotic meds for older adults drops after warning letter from Medicare

Wednesday, February 28, 2024

Her air-ambulance ride wasn't covered by Medicare. It will cost her family $81,739

By Tony Leys, Emily Siner 

The $81,739.40 bill for her mother's air-ambulance ride arrived less than two weeks after she died, Alicia Wieberg said.

Lisa Krantz/KFF Health News

Debra Prichard was a retired factory worker who was careful with her money, including what she spent on medical care, said her daughter, Alicia Wieberg. "She was the kind of person who didn't go to the doctor for anything."

That ended last year, when the rural Tennessee resident suffered a devastating stroke and several aneurysms. She twice was rushed from her local hospital to Vanderbilt University Medical Center in Nashville, 79 miles away, where she was treated by brain specialists. She died Oct. 31 at age 70.

One of Prichard's trips to the Nashville hospital was via helicopter ambulance. Wieberg said she had heard such flights could be pricey, but she didn't realize how extraordinary the charge would be — or how her mother's skimping on Medicare coverage could leave the family on the hook.

Then the bill came.

The patient: Debra Prichard, who had Medicare Part A insurance before she died.

Medical service: An air-ambulance flight to Vanderbilt University Medical Center.

Service provider: Med-Trans Corp., a medical transportation service that is part of Global Medical Response, an industry giant backed by private equity investors. The larger company operates in all 50 states and says it has a total of 498 helicopters and airplanes.

Total bill: $81,739.40, none of which was covered by insurance.

What gives: Sky-high bills from air-ambulance providers have sparked complaints and federal action in recent years.

For patients with private insurance coverage, the 2020 No Surprises Act bars air-ambulance companies from billing people more than they would pay if the service were considered "in-network" with their health insurers. For patients with public coverage, such as Medicare or Medicaid, the government sets payment rates at much lower levels than the companies charge.

But Prichard had opted out of the portion of Medicare that covers ambulance services.

That meant when the bill arrived less than two weeks after her death, her estate was expected to pay the full air-ambulance fee of nearly $82,000. The main assets are 12 acres of land and her home in Decherd, Tenn., where she lived 48 years and raised two children. The bill for a single helicopter ride could eat up roughly a third of the estate's value, said Wieberg, who is executor.

The family's predicament stems from the complicated nature of Medicare coverage.

Prichard was enrolled only in Medicare Part A, which is free to most Americans 65 or older. That section of the federal insurance program covers inpatient care, and it paid most of her hospital bills, her daughter said.

But Prichard declined other Medicare coverage, including Part B, which handles such things as doctor visits, outpatient treatment, and ambulance rides. Her daughter suspects she skipped that coverage to avoid the premiums most recipients pay, which currently are about $175 a month.

Loren Adler, a health economist for the Brookings Institution who studies ambulance bills, estimated the maximum charge that Medicare would have allowed for Prichard's flight would have been less than $10,000 if she'd signed up for Part B. The patient's share of that would have been less than $2,000. Her estate might have owed nothing if she'd also purchased supplemental "Medigap" coverage, as many Medicare members do to cover things like co-insurance, he said.

Nicole Michel, a spokesperson for Global Medical Response, the ambulance provider, agreed with Adler's estimate that Medicare would have limited the charge for the flight to less than $10,000. But she said the federal program's payment rates don't cover the cost of providing air ambulance services.

"Our patient advocacy team is actively engaged with Ms. Wieberg's attorney to determine if there was any other applicable medical coverage on the date of service that we could bill to," Michel wrote in an email to KFF Health News. "If not, we are fully committed to working with Ms. Wieberg, as we do with all our patients, to find an equitable solution."

The resolution: In mid-February, Wieberg said the company had not offered to reduce the bill.

Wieberg said she and the attorney handling her mother's estate both contacted the company, seeking a reduction in the bill. She said she also contacted Medicare officials, filled out a form on the No Surprises Act website, and filed a complaint with Tennessee regulators who oversee ambulance services. She said she was notified Feb. 12 that the company filed a legal claim against the estate for the entire amount.

Wieberg said other health care providers, including ground ambulance services and the Vanderbilt hospital, wound up waiving several thousand dollars in unpaid fees for services they provided to Prichard that are normally covered by Medicare Part B.

But as it stands, Prichard's estate owes about $81,740 to the air-ambulance company.

The takeaway: People who are eligible for Medicare are encouraged to sign up for Part B, unless they have private health insurance through an employer or spouse.

"If someone with Medicare finds that they are having difficulty paying the Medicare Part B premiums, there are resources available to help compare Medicare coverage choices and learn about options to help pay for Medicare costs," Meena Seshamani, director of the federal Center for Medicare, said in an email to KFF Health News.

She noted that every state offers free counseling to help people navigate Medicare.

In Tennessee, that counseling is offered by the State Health Insurance Assistance Program. Its director, Lori Galbreath, told KFF Health News she wishes more seniors would discuss their health coverage options with trained counselors like hers.

"Every Medicare recipient's experience is different," she said. "We can look at their different situations and give them an unbiased view of what their next best steps could be."

Counselors advise that many people with modest incomes enroll in a Medicare Savings Program, which can cover their Part B premiums. In 2023, Tennessee residents could qualify for such assistance if they made less than $1,660 monthly as a single person or $2,239 as a married couple. Many people also could obtain help with other out-of-pocket expenses, such as copays for medical services.

Wieberg, who lives in Missouri, has been preparing the family home for sale.

She said the struggle over her mother's air-ambulance bill makes her wonder why Medicare is split into pieces, with free coverage for inpatient care under Part A, but premiums for coverage of other crucial services under Part B.

"Anybody past the age of 70 is likely going to need both," she said. "And so why make it a decision of what you can afford or not afford, or what you think you're going to use or not use?"

KFF Health News, formerly known as Kaiser Health News (KHN), is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF — the independent source for health policy research, polling, and journalism.

Emmarie Huetteman of KFF Health News edited the digital story, and Taunya English of KFF Health News edited the audio story. NPR's Will Stone edited the audio and digital story.

Full Article & Source:
Her air-ambulance ride wasn't covered by Medicare. It will cost her family $81,739

Wednesday, September 27, 2023

Flushing doctor settles health care fraud claims for $1.3 million after over-billing nursing home patients: Feds

By Bill Parry

U.S. Attorney Breon Peace reached a $ 1.3 million settlement agreement with a Flushing doctor after he allegedly over-billed Medicare for services provided to residents of Queens nursing homes.
File photo courtesy of the EDNY

A Flushing-based pulmonologist will have to pay $1.3 million in restitution as part of a settlement agreement with the U.S. Justice Department after he over-billed nursing home residents for years, U.S. Attorney Breon Peace announced last week.

The deal addresses allegations that Dr. Arun Arora violated the federal False Claims Act by billing Medicare for critical care services to residents of nursing homes in Queens when he provided only routine care, such as regular medical checkups.

Critical care services involve imminent life-threatening deterioration of a patient’s condition and Medicare reimburses health care providers at a higher rate for critical care services than for routine care, according to federal prosecutors. By billing for critical care services when he provided only routine care, as the government contends, Dr. Arora received extra payment for care that he did not provide.

Under the terms of the agreement with the U.S., Dr. Arora will pay the $1.3 million for conduct that took place in the years 2019 to 2023. In addition to the payment to resolve the government’s fraud claim, Dr. Arorahas entered into a separate “integrity agreement” with the U.S. Department of Health and Human Services, Office of Inspector General, which imposes a number of obligations meant to ensure he complies with Medicare rules and regulations going forward.

“Our Medicare program, which provides health care services to the elderly, works only if its funds are expended properly,” U.S. Attorney Breon Peace said. “When health care providers over-bill the program, Medicare cannot ensure that services are going to the people who need them most.”

He added that the claims resolved by the settlement are allegations only and there has been no admission of or determination of liability.

Full Article & Source:
Flushing doctor settles health care fraud claims for $1.3 million after over-billing nursing home patients: Feds

Wednesday, May 24, 2023

Dayton nursing home where woman went missing had been fined more than $140K by Medicare

by: Carlos Mathis

DAYTON, Ohio (WDTN) — The nursing home where the late Penny Boddie lived had been fined and cited by the government numerous times prior to her going missing.

2 NEWS received a statement from the Ohio Department of Health (ODH), that said the case of Boddie, the woman with dementia who went missing from CareCore at Mary Scott, is currently under investigation. She was last seen at the facility on Sunday, May 14, at 9:30 p.m. Just days later, on Wednesday, May 17, the Dayton Police Department said Boddie had been found dead.

DPD says they believe no foul play is suspected.

“Any loss of life is always tragic,” ODH said. “The incident is being thoroughly investigated by the Ohio Department of Health (ODH) and pending the outcome of the investigation, the Centers for Medicare and Medicaid Services (CMS) will issue their decision and may impose penalties.”

The nursing facility was given two out of five stars for an overall rating on medicare.gov.  

Inspections conducted by the state of Ohio show the overall health rating for the nursing home is one star, which is described as ‘Much Below Average.’ Staffing at the facility received a one-star rating as well.

On July 21, 2022, the facility received its latest noted health inspection, according to the full report. During the inspection, a total of 20 citations were given, well above both the state and national average. In Ohio, the average is 10.2 health citations, while the national average is 8.7.

Medicare also reports nine complaints over the past three years that resulted in a citation for the location. One citation came from an infection control inspection, which took place sometime in the past 3 years, Medicare said.

The facility also was subject to 5 federal fines totaling $141,806 over the past 3 years, including one for $110,885 in July 2022, Medicare reports.

The quality measures rating at Mary Scott is ranked five stars, which is considered as ‘Much Above Average.’ There is limited data for short-term stays at the facility as recorded by the government. Medicare gives out the rankings based on data from chosen clinical data measures. For quality measures, Medicare says the more stars a facility has means the performance is better.

“The quality measures star rating measures parts of nursing home performance in certain areas of care, like if residents have gotten their flu shots, are in pain, or are losing weight,” according to Medicare.

2 NEWS looked through the Ohio Department of Health and complaint surveys that have been completed by the state. Three survey results are shown to have been completed in 2023, with the most recent being from March 10.

We reached out to CareCore at Mary Scott on Tuesday, May 16 for comment. The facility told 2 NEWS they had no comment and would not answer any questions at that time.


Full Article & Source:
Dayton nursing home where woman went missing had been fined more than $140K by Medicare

Wednesday, September 28, 2022

Grady files $670K lien in name of woman violently attacked, killed in hospital parking garage

By Justin Gray


ATLANTA — After his mother died in a violent attack, a metro Atlanta man was surprised to find a lien by Grady hospital filed in her name for more than $670,000 in hospital bills for her treatment. He learned the hospital never submitted the bill to Medicare or supplemental insurance.

Channel 2 Investigates found that Grady does this frequently, particularly if the hospital stay was related to an auto accident.

We checked clerk records and found Grady has filed more than 13,000 of these hospital liens the past 5 years in Fulton County, whether the patient has insurance or not.

“Who decides to do something like this? it’s just unethical. That’s what Medicare is for. That’s what she paid every month for,” the woman’s son Charles Kimsey said.

78-year-old Jacqueline Mixon spent 10 days at Grady before dying last spring from injuries sustained in a violent attack at the Piedmont hospital parking garage.

As Channel 2 Action news reported before, Mixon was allegedly tackled from behind by 68-year-old Gloria Franklin, then run over by an SUV.

Kimsey says Grady never billed his mother, Medicare or her supplemental insurance before filing the lien.

“I have not gotten one bill for Grady, not one” Kimsey said.

Personal injury attorney Susan Witt says hospitals file the liens, looking for a piece of potential settlements.

“It’s a predatory practice that we see over and over again, and consumers are unaware of what their rights are,” Witt said.

Witt says hospitals file liens for their full retail price. That’s significantly higher than what they charge insurance companies or Medicare through negotiated pricing.

“They would prefer not to deal with your insurance company because they are going get paid less than if they charge you the retail rate and scare and intimidate you that it’s the rate you have to pay,” Witt said.

Grady tells us in a statement quote:

“We never place liens on property or an estate. Hospitals routinely place liens on insurance claims and settlements. For services related to an accident or injury, the no-fault or liability insurance pays first and Medicare pays second, consistent with state and federal law.”

It just adds insult to injury, and I don’t know what to do. this is unbelievable, its crushing me,” Kimsey said.

Hospitals can not go after your personal property like a house or car with a hospital lien like with a traditional lien.

Susan Witt tells clients that if the hospital won’t submit the claim to insurance or Medicare, you should do it yourself.

“The hospitals don’t like it. They don’t want you to know you can do that on your own but that is what you have the right and ability to do,” Witt said.

Full Article & Source:
Grady files $670K lien in name of woman violently attacked, killed in hospital parking garage

Sunday, May 30, 2021

Senate Advances Protections, Quality of Life for Elder New Yorkers

Senate Majority Advances Legislation to Protect Elder New Yorkers

New legislation to support and protect the rights of elder New Yorkers has passed the New York State Senate. The new protections will prohibit termination of tenancy in certain senior housing facilities, establish an elder abuse aftercare program, require elder abuse training for senior service providers and will raise the income eligibility limit for rent increase exemptions. A newly-created State Office of the Utility Consumer Advocate will also help protect elder consumers.

In addition to safeguarding living arrangements, new quality-of-life legislation expands Medicare eligibility, establishes the public posting of a senior trail guide, and encourages entrepreneurship and workforce opportunities through a new Office of Older Adult Workforce Development.

“Our state’s seniors deserve to age in dignity and have their rights protected,” Senate Majority Leader Andrea Stewart-Cousins said. “Elder abuse, neglect, or exploitation cannot be tolerated, we must do everything we can to raise awareness and educate the public.  I am proud to sponsor legislation to better protect aging New Yorkers, and I thank my colleagues in the Senate Majority for their dedication to ensure the senior community has access to the services and support they need to prosper.”

Bill Sponsor, and Chair of the Senate Committee on Aging, Senator Rachel May, said, “As Chair of the Committee on Aging, I am very grateful to my colleagues for their work to protect older New Yorkers’ health and safety and help them stay active longer. This package of bills supports affordable senior housing, expands access to affordable prescription drugs, recognizes the need to prevent elder abuse, and creates opportunities for work and recreation. My bills acknowledge that more people are staying in the workforce longer, often starting new businesses late in life, and they may need assistance in navigating the new realities of commerce and employment.”

Read the Senate Majority Press Release.

Full Article & Source:
 

Monday, May 24, 2021

SavaSeniorCare LLC Agrees to Pay $11.2 Million to Resolve False Claims Act Allegations


Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, May 21, 2021
 

SavaSeniorCare LLC Agrees to Pay $11.2 Million to Resolve False Claims Act Allegations

 

Allegations Include Medically Unnecessary Rehabilitation Therapy Services and Grossly Substandard Skilled Nursing Services

SavaSeniorCare LLC and related entities (Sava), based in Georgia, have agreed to pay $11.2 million, plus additional amounts if certain financial contingencies occur, to resolve allegations that Sava violated the False Claims Act by causing its skilled nursing facilities (SNFs) to bill the Medicare program for rehabilitation therapy services that were not reasonable, necessary or skilled, and to resolve allegations that Sava billed the Medicare and Medicaid programs for grossly substandard skilled nursing services. Sava currently owns and operates SNFs across the country.

“Nursing home operators will be held accountable when they engage in fraudulent schemes and put their own financial gain ahead of the needs of their vulnerable residents,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “To ensure the integrity of our public health care programs, the department will pursue operators who bill Medicare and Medicaid for unnecessary or grossly substandard services and who fail to provide adequate care.”  

In 2015, the government filed a consolidated False Claims Act complaint against Sava, alleging that between October 2008 and September 2012, Sava knowingly submitted false claims for rehabilitation therapy services as a result of a systematic effort to increase its Medicare billings. The United States’ complaint alleged that, through corporate-wide policies and practices, Sava exerted significant pressure on its SNFs to meet unrealistic financial goals, resulting in the provision of medically unreasonable, unnecessary or unskilled services to Medicare patients. Sava allegedly set these aggressive, prospective corporate targets for the highest Medicare reimbursement rates without regard for its patients’ actual clinical needs and then pressured its staff to meet those targets. Sava also allegedly sought to increase its Medicare payments by delaying the discharge of patients from its facilities, even though the patients were medically ready to be discharged.

This settlement also resolves allegations that between October 2008 and September 2012, Sava knowingly submitted false claims to Medicaid for coinsurance amounts for rehabilitation therapy services for beneficiaries eligible for both Medicare and Medicaid and for whom Sava also allegedly submitted or caused the submission of false claims to Medicare for those services.

In addition, this settlement resolves allegations that between January 2008 and December 2018, Sava knowingly submitted false claims for payment to Medicare and Medicaid for grossly and materially substandard and/or worthless skilled nursing services. The government alleged that some of the nursing services provided by Sava failed to meet federal standards of care and federal statutory and regulatory requirements, including failing to have sufficient staffing in certain facilities to meet certain residents’ needs. The government also alleged that in certain skilled nursing facilities, Sava failed to follow appropriate pressure ulcer protocols and appropriate falls protocols, and failed to appropriately administer medications to some of the residents. 

“When corporate greed rises to the level of defrauding federal health care programs, while subjecting one of our most vulnerable populations to grossly substandard care and unnecessary medical services, we must hold the companies accountable,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “Any fraud that undermines the care being provided to elderly nursing home residents cannot continue and will be exposed and rooted out. We are grateful to the courageous whistleblowers who reported this egregious conduct.”

“Nursing home residents should not be at the mercy of nursing home operators that put their own economic gain ahead of the needs of the residents, and we will continue to aggressively pursue those operators who bill Medicare and Medicaid for substandard care,” said Acting U.S. Attorney Jennifer Arbittier Williams for the Eastern District of Pennsylvania. “This settlement holds Sava accountable, and the resulting Corporate Integrity Agreement should ensure that Sava provides seniors with quality care and treats its residents with dignity and respect.”

“Too many unscrupulous nursing homes operators seek maximum profit by routinely inflating bills while providing grossly substandard care,” said Special Agent in Charge Derrick L. Jackson for the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Medicare and Medicaid patients deserve so much better. With our law enforcement partners, we will continue to investigate and hold accountable those who place profits over patients.”

Under the settlement with the United States, and separate settlements with participating states, Sava has agreed to pay a total of approximately $11.2 million, plus additional amounts if certain financial contingencies occur. The settlement was based on the company’s ability to pay.

In connection with the settlement, Sava entered into a five-year chain-wide Corporate Integrity Agreement (CIA) with HHS-OIG that requires an independent review organization to annually review patient stays and associated paid claims by Medicare for those stays. In addition, Sava is required to engage an Independent Monitor to review the quality of resident care. CIAs promote compliance and protect vulnerable nursing home residents.

The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act against Sava by Relators Rita Hayward, Trammel Kukoyi, Terrence Scott, James Thornton and Barbara Roberts. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam cases are captioned United States ex rel. Hayward v. SavaSeniorCare, LLC, et al., No. 3:11-cv-0821 (M.D. Tenn.); United States ex rel. Scott v. SavaSeniorCare Administrative Services, LLC, 3:15-cv-0404 (M.D. Tenn.); United States ex rel. Kukoyi v. Sava Senior Care, L.L.C., et al., No. 3:15-cv-1102 (M.D. Tenn.); and United States, et al. ex rel. Thornton, et al. v. SavaSeniorCare, Inc., et al., Civil Action No. 16-CV-0840 (E.D. Pa.). 

The resolutions obtained in these matters were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section, and the U.S. Attorneys’ Offices for the Middle District of Tennessee and the Eastern District of Pennsylvania, with assistance from the U.S. Attorneys’ Offices for the Southern District of Texas and the Western District of Texas, as well as from HHS-OIG and the National Association of Medicaid Fraud Control Units. The quality of care investigation was supported by the Justice Department’s Elder Justice Initiative, which helps to coordinate the department’s law enforcement and programmatic efforts to combat elder abuse, neglect, and financial exploitation. Learn more about the Elder Justice Initiative and the department’s elder justice efforts at www.elderjustice.gov.

The investigation and resolution of these matters illustrates the government’s emphasis on combating healthcare fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse and mismanagement can be reported to the U.S. Department of Health and Human Services at 800-HHS-TIPS (800-447-8477).

These matters were handled by Fraud Section attorneys Alison Rousseau, Susan Lynch, Seth Greene, Breanna Peterson, Christopher Terranova, and Laura Hill; Assistant U.S. Attorney Mark Wildasin of the Middle District of Tennessee; and Assistant U.S. Attorneys Charlene Fullmer, David Degnan, and Gerald Sullivan of the Eastern District of Pennsylvania.

The claims resolved by the settlement are allegations only and there has been no determination of liability.

Source: 

Tuesday, November 10, 2020

Coronavirus-laden nursing home loses federal Medicare funding

By Kayla Rivas

A Kansas nursing home has lost its federal Medicare funding after an investigation revealed faulty practices led to widespread coronavirus infection and 10 deaths.

An onsite investigation at Andbe Home, Inc. in Norton, Kansas, revealed noncompliance with federal requirements for long-term care facilities, according to Centers for Medicare and Medicaid Services (CMS) documents obtained by Fox News. 

The survey investigation by the Kansas Department for Aging and Disability Services cited “widespread immediate jeopardy” to resident health and safety, according to the documents. The facility was also slammed with a $14,860 federal civil money penalty while it worked to correct noncompliance back in May.

A Kansas nursing home has lost its federal Medicare funding after a state investigation revealed faulty practices led to widespread coronavirus infection and 10 deaths. 

A Kansas nursing home has lost its federal Medicare funding after a state investigation revealed faulty practices led to widespread coronavirus infection and 10 deaths.  (iStock)

tephen Crystal, director of the Center for Health Services Research at the Rutgers Institute for Health, told Fox News that the move marks CMS’ “ultimate penalty; decertifying a facility.”

“Most of the time, they try very hard do other things before they go to that step [like civil monetary penalties],” he said, adding “CMS actually doesn’t do this very often, and one could argue that they haven't moved quickly enough on other facilities that had out of control spread,” referencing New Jersey and New York as examples.

In the case of the Kansas facility, staff identified two symptomatic patients on Oct. 5 and confirmed positive test results two days later but failed to separate them from the rest of the residents.

“During this time, COVID-19 positive residents cohorted with COVID-19 negative residents, with only a curtain between them, against [Centers for Disease and Prevention Control] guidelines and best practice to prevent the spread of highly contagious COVID-19,” said the documents obtained by Fox News. The facility also allowed communal dining for two days after they discovered the symptomatic patients.

These failures, among others described in the report, ultimately exposed all 61 residents to the virus, every single one testing positive, which led to one hospitalization and 10 deaths. By Oct. 19, 37 staff members tested positive.

Crystal wasn’t privy to all the details but upon a brief account said, "It sounds pretty egregious.” 

The facility’s administrator, Megan Mapes, received a notice of a 23-day involuntary termination of the Medicare provider agreement: “We have determined that Andbe Home, Inc. no longer meets the requirements for participation as a skilled nursing facility in the Medicare program under Title XVIII of the Social Security Act.”

These failures, among others described in the report, ultimately exposed all 61 residents to the virus. 

These failures, among others described in the report, ultimately exposed all 61 residents to the virus.  (iStock)

The termination will go into effect Nov. 18, 2020.

CMS informed Mapes that the Medicare program won’t pay for covered services to patients admitted to the facility on or after Oct. 27, 2020. Medicare will cover patients admitted before that date for up to 30 days “to ensure residents are successfully relocated.”

The facility was also notified that the Kansas Department for Aging and Disability Services would assign management to Mission Health Communities to temporarily manage staff, funds and facility procedures, among other tasks, which went into effect Oct. 28.

If the facility decides to re-enter the Medicare program, it has to assure its capabilities to comply with certification, due to the “serious nature and circumstances of the involuntary termination.”

Further review of the documents revealed the facility actually had a detailed plan for potential coronavirus infection, but failed to follow it.

“My sense is that too much has been left up to the operators. The states need to go in, CMS needs to go in,” Crystal said.

Peter Pitts, former Food and Drug Administration associate commissioner and president and co-founder of Center for Medicine in the Public Interest, said to Fox News: “At best, it’s an oversight in recognizing where sources need to be directed. At worst, it’s negligence.” 

While nursing homes operate on different sources of revenue, federal funding is clearly a large one, Pitts explained.

“Any facility that loses federal funding is going to be seriously impacted on the care that it can provide," Pitts said. 

“The issue is that federal funding hasn’t trickled down to support staff in nursing facilities and senior centers more broadly,” Pitts said. “When you don’t properly compensate aides, versus physicians and nurses and pharmacists, it’s not surprising that that’s where the problems begin to arise.

"Hopefully these types of things can be corrected before they result in massive wildfire of COVID-19 infection in senior centers, as we had in New York early in the pandemic...Shame on us if we wait for people to die before we address the problem."

 
Full Article & Source:

Friday, October 2, 2020

Nursing homes are evicting unwanted patients

by Caitlin Owens 

Nursing home workers hold a vigil outside of the Downtown Brooklyn Nursing and Rehabilitation Center. Photo by Stephanie Keith/Getty Images

Nursing homes are finding ways to evict their most expensive patients — often by claiming those patients have psychiatric problems, the New York Times reports.

How it works: Nursing homes send patients to emergency rooms or psychiatric hospitals, claiming they need psychiatric care, and then refuse to let the patient return.

  • The nursing homes pounce "on minor outbursts to justify evicting them," NYT writes. The practice is sometimes in violation of federal law.
  • Officials in 16 states told the Times that nursing homes have continued dumping patients during the pandemic, with some saying the problem has gotten worse.

Between the lines: Most nursing homes are for-profit, and make the least money caring for the poorest and sickest patients.

  • They make the most from short-term patients who are privately insured or on Medicare. Poor people who are at the nursing home long-term are covered by Medicaid, which pays a significantly lower rate than Medicare or private insurance.
  • When Medicaid patients with conditions like dementia require extra care, that further exacerbates the financial imbalance between patients.

The bottom line: "Even before the pandemic, there was tremendous pressure to get rid of Medicaid patients, especially those that need high levels of staffing," Mike Wasserman, a former chief executive of Rockport Healthcare Services, told NYT. "The pandemic has basically supercharged that."

 
Full Article & Source:

Wednesday, August 12, 2020

Investigation finds massive fraud in Indiana nursing home industry

The FBI, treasury and other law enforcement officers conduct an investigation at the Carmel home of then-American Senior Communities CEO James Burkhart in 2015. (IndyStar Photo Charlie Nye)
A secret internal investigation of fraud at Indiana’s largest nursing home system alleges more schemes, more conspirators and far greater financial losses than anything previously disclosed.

After the FBI raided the office and Carmel home of then-American Senior Communities CEO James Burkhart in 2015, Burkhart and four associates were charged. They pleaded guilty in 2017.

Federal prosecutors said the five men set up shell companies to inflate costs and pay themselves kickbacks on vendor contracts for landscaping, food, medical supplies and more. In all, $19 million was stolen, prosecutors said.

Health & Hospital Corp. of Marion County, the county’s public health agency and owner of the homes managed by ASC, recovered $15.5 million and says it was “made whole.”

But there’s more to the story. Here’s what you need to know:

Company launched secret investigation

After the FBI raided Burkhart’s office and home, American Senior Communities quietly hired a team of Chicago attorneys that included former federal prosecutors.

What the public never knew was that ASC’s internal investigation turned up far more fraud allegations. IndyStar obtained a copy of the company’s confidential 277-page presentation to federal prosecutors, which was produced in 2016. It describes more than half a dozen schemes that were not included in the criminal case and identifies 20 alleged conspirators or “key players” who were never prosecuted. It also estimates far greater losses of at least $35 million.

ASC would not comment on its investigation. The office of U.S. Attorney Josh Minkler also declined to comment.

Alleged participants included Indiana Attorney General’s relative

Among those identified in ASC’s internal investigation was Rob New, a former Fishers businessman who coached boys basketball at Scecina Memorial High School. The company’s analysis claimed he participated in alleged schemes that resulted in millions of dollars in losses. And in court filings last year in its civil lawsuit against Burkhart, the company again accused New of participating in fraud schemes with Burkhart. New is not a defendant in the case.

New has never been charged with a crime. He denies any wrongdoing and his attorney called the allegations in the lawsuit against Burkhart “meritless and spurious.” Last year, New sold his Fishers mansion for $3 million to NBA star Gordon Hayward and now lives in a luxury high-rise condo near the beach in Naples, Florida.

Another person named in the company’s investigation is Gretchen Zoeller, the cousin of then-Indiana Attorney General Greg Zoeller. His agency was part of the criminal investigation and he accompanied prosecutors when charges against Burkhart and others were announced. He told IndyStar he was unaware his cousin was involved in the nursing home scandal at the time.

ASC is now suing Gretchen Zoeller for her alleged role in the schemes. She, too, has not been charged with a crime, and denies participating in any fraud.

Public agency quietly settled fraud claims

Although the nursing home buildings are privately owned, and managed under contract by ASC, the businesses are technically owned by Marion County’s public health agency and funded mostly with Medicaid and Medicare tax dollars.

The leader of that agency, the Health & Hospital Corp. of Marion County, is Matthew Gutwein. He knew about the findings from ASC’s internal investigation but quietly signed an agreement with the company in 2017 that allowed it to keep operating the homes.

The agreement, which was never publicly announced, recovered only $15.5 million — far short of the estimated losses identified in ASC’s own investigation. It also contains several secrecy provisions that helped keep a lid on the suspected scope of the fraud, IndyStar found.

A lawyer for HHC defended the deal, arguing that it made the government whole and outweighed the cost and uncertainty of additional litigation. HHC said ASC’s secret report was preliminary and the estimated losses it claimed were inflated because not every allegation could be substantiated.

Concerns about federal money loomed over fraud case

Gutwein’s decision to quickly settle the fraud allegations came at a time when he was deeply concerned that the scandal could threaten a much larger source of money for his agency.

As IndyStar reported in March, HHC and more than 20 other county hospitals across Indiana have bought up nearly every nursing home in the state, at least on paper, to take advantage of a program that provides extra Medicaid funds to government-owned facilities. The money is intended to provide care for vulnerable nursing home residents, but HHC and others exploited rules that allowed them to legally divert much of it to their hospitals instead, leaving Indiana with the worst elder care system in America, according to AARP.

The fraud case represented a major threat to the program, which provides about $180 million a year for HHC. In a victim impact statement, Gutwein wrote, “just as fraud and abuse erode the public’s trust, they can also affect the views of legislators and policymakers who, in response, could choose to cut back or even eliminate the federal supplemental program.”

HHC said its decision to settle with ASC had nothing to do with protecting the lucrative Medicaid funds. “Any suggestion that HHC chose to settle with ASC to avoid scrutiny is both offensive and meritless,” HHC said in a statement.

Public left in the dark

ASC has settled outside of court with at least five individuals or companies it suspected of fraud. But because of its agreement with the county agency, those settlement agreements — including the amount of money recovered — remain a secret.

As a result, the public may never know how much taxpayer money was recovered.

Meanwhile, HHC continues to do business with at least one of the people identified in ASC’s investigation. The agency pays New about $5.5 million a year to lease nine nursing homes and an assisted living facility.

Full Article & Source:
Investigation finds massive fraud in Indiana nursing home industry

Tuesday, May 5, 2020

The Grim Post-COVID-19 Future For Nursing Homes

by Howard Gleckman

Someday, most of us will return to life before COVID-19. Nursing homes will not.

The deaths of more than 16,000 of their residents from COVID-19 has profoundly disrupted senior living facilities—especially nursing homes— and will drive historic change in the industry. Robert Kramer, president of the consulting firm Nexus Insights and a long-time observer of nursing home finances, told me, “There never will come a time when we will return to the old normal.”

Operators are being crushed by higher costs and shrinking revenues. The values of publicly-traded nursing home firms have collapsed. The share price of nursing home Genesis Healthcare  fell from $1.77 in late February to $0.82 on May 4.  Share prices of real estate investment trusts that lease senior facilities to operators have similarly plunged by half.

A dual business model

To understand the future of nursing homes, it is helpful to understand their unusual business model. Like defense contractors, nearly all of their revenue comes from government and is highly sensitive to changes in payment rates.  And most operate two vastly different businesses in the same building—skilled nursing facilities (SNFs) and long-term care.

Short-stay skilled nursing is mostly paid by Medicare. For many facilities—though not all—it is quite profitable. Traditional fee-for-service Medicare pays about $500-a-day,   although Medicare managed care—a growing share of the business—pays closer to $400. Overall, average Medicare margins in 2017 were about 11 percent, according to the Medicare Payment Advisory Commission (MedPAC), a group that advises Congress.

By contrast, Medicaid pays at least some costs for about 80 percent of long-term care residents of nursing homes. Medicaid payments vary widely by state but average about $200-a-day—often less than the cost of care. On average, Medicaid margins are negative. Nursing homes often make up the difference by providing a wide range of ancillary services, such as medications.

Assisted living, by contrast, is almost entirely private pay.

Using Medicare to subsidize Medicaid

Even before COVID-19, the mixed business model of nursing homes was extremely challenging for all but the most efficient providers. It was becoming tougher to use excess Medicare payments to offset insufficient Medicaid rates. Facilities were filling fewer beds with lucrative traditional Medicare patients, and more beds with Medicare managed care and Medicaid residents. Overall occupancy was about 83 percent and has been falling since 2015, according to the National Investment Center for Seniors Housing and Care (NIC). At 80 percent or lower occupancy, nursing homes are in financial trouble.

Then came COVID-19. Now, eight in ten senior living executives report that residents are moving out faster than others are moving in.  Consumers likely are responding to at least three trends: the risk of COVID-19 in facilities, the inability of family members to visit patients during a lock-down likely to last for months, and high costs at a time of widespread economic distress.

Some of those short-term challenges may fade over time. But some will not.

Costs:  Expenses are exploding. Many facilities will have to redesign interior space to maximize infection control. They may lose beds if they must close shared rooms. Labor costs, already under pressure, could increase substantially as facilities have to both increase staffing and raise pay.

Increasingly, nursing aides are unwilling to do this difficult and now dangerous work at the current average wage of about $13/hr.

Balancing Safety and risks of social isolation: Of course, facilities have an obligation to keep their residents as safe as possible. But after the pandemic, they will be under enormous regulatory and consumer pressure to maximize infection control. So far, facilities have been doing that by effectively keeping residents in their rooms—no visitors, few activities, no community dining. The challenge: No one wants to live like that. And social isolation is itself dangerous. Facilities must find a way to strike a balance between safety and a comfortable, engaging, and social community. It will not be easy.

Revenues: Even as costs increase, overall per patient revenues from current sources are likely to continue to fall. Financially-stressed states will cut Medicaid payments to nursing homes, even as politicians decry the facilities’ inability to control COVID-19. Rehab increasingly will be done with less-costly outpatient physical therapy. For those who still require a SNF stay, traditional Medicare payments are likely to shrink, as federal budget deficits skyrocket. And Medicare Advantage managed care plans will continue to squeeze payments.
 
Marketing:  Nursing homes struggle to sell a product that few consumers want. Even before COVID-19 older adults strongly preferred at age at home. Whenever possible, they’ll be even more motivated to stay home now. And their adult children may be increasingly reluctant to move them into a facility. A resident of one facility says of the lockdown and the uncertainty, “I feel like I am on death row.”

Unless they can fundamentally change the way they deliver care, facilities will have a hard time marketing around those attitudes. And they can’t survive with just Medicaid residents, who are there only because nursing homes are the only setting where Medicaid pays room and board.   

Legal liability: Unless Congress grants them some waiver of legal liability, nursing homes and assisted living facilities are facing a massive wave of lawsuits from families of residents who became sick or died. And even with a waiver, which the facilities are lobbying hard for, it is uncertain whether insurance companies will be willing to cover them for future pandemics.

These enormous pressures are likely to result in significant losses for facilities unable to adapt, and a massive ownership shakeout. Some analysts predict that as many half the current operators may go out of business, unable to find the capital they need to keep going. Industry analysts disagree on whether this will result in ownership consolidation or a net decline in beds—or both.

But Kramer is right. For nursing homes, things never will be the same.

Full Article & Source:
The Grim Post-COVID-19 Future For Nursing Homes

Wednesday, March 18, 2020

Parent company of Carlisle nursing facility to pay $15.4 million to settle overbilling allegations

Forest Park Healthcare and Rehabilitation Center is located at 700 Walnut Bottom Road, Carlisle.
Guardian Elder Care Holdings, the owner of Forest Park Healthcare and Rehabilitation Center in Carlisle, has agreed to pay $15,466,278 to resolve allegations that it over-billed patients.

The Department of Justice announced the settlement in a news release last week.

Guardian operates more than 50 nursing facilities throughout Pennsylvania, Ohio and West Virginia.

According to the news release, Guardian facilities allegedly billed patients at the highest level of Medicare reimbursement from January 2011 through December 2017. Services at that level were not medically necessary, and were influenced by financial considerations.

“Seniors rely on the Medicare program to provide them with appropriate care, and to ensure that they are treated with dignity and respect,” said Assistant Attorney General Jody Hunt of the Department of Justice’s Civil Division. “The department will not tolerate nursing home operators that put their own economic gain ahead of the needs of their residents, and will continue to hold accountable those operators who bill Medicare for unnecessary rehabilitation services.”

The allegations were originally introduced by two former Guardian employees, Phillipa Krause and Julie White, under the whistleblower provisions of the False Claims Act, which allow private parties to sue on behalf of the government for false claims and to share in any recovery. The whistleblowers in this case will receive approximately $2.8 million.

The settlement also resolves allegations voluntarily disclosed by Guardian that it had employed two people who were excluded from federal health care programs. As a result of its employment of those two people, Guardian inappropriately received payment for ineligible services.

Contemporaneous with the civil settlement, Guardian agreed to enter into a chainwide Corporate Integrity Agreement with the U.S. Department of Health and Human Services Office of Inspector General. The agreements are intended to promote compliance and protect nursing home residents.

Full Article & Source:
Parent company of Carlisle nursing facility to pay $15.4 million to settle overbilling allegations

Sunday, August 18, 2019

More Than 300 Hospice Centers Get Failing Grade From Inspector General

According to a new federal report, nearly 80% of hospice care centers had deficiencies in care, some which were serious acts of abuse or resulted in life threatening injury.


The U.S. Department of Health and Human Services Office of the Inspector General has released two reports, which outline serious deficiencies conducted at more than 300 hospice care facilities in the U.S. that participated in Medicare.

The 2019: Vulnerabilities in Hospice Care reports also warns about the large number of facilities considered poor performers, and indicates that more than 80% of the facilities had at least one deficiency.

Nearly every hospice center in the United States that provided hospice care to patients through Medicare was included in the study. The report focused on patient care from 2012 to 2016.

In some cases, patients were seriously hurt by the poor care provided by facilities. In other cases, facilities failed to act in cases of abuse conducted by employees.

Severe complaints were lodged that focued on unsanitary conditions within the facilities. This included wounds that were badly treated or not treated at all. For example, wounds were left untreated and turned gangrene, eventually requiring amputation of the limb. In other instances, maggots were allowed to develop around a patient’s feeding tube.

More than 80% of hospice facilities had at least one deficiency, while most facilities had multiple deficiencies, and 1 in 5 had at least one serious deficiency.

Other deficiencies included failure to recognize signs of sexual assault of a patient and allowing a patient’s wound to remain untreated for two years.

In some cases, the facilities owners and employees faced criminal charges. In one facility in Texas, nurses admitted to overmedicating patients to quicken patients’ deaths and receive higher payments from Medicare. This resulted in several overdose deaths.

Other facilities admitted patients who weren’t terminally ill and altered their medical records to make them appear more ill.

Hospice care is typically offered to patients who are terminally ill with a life expectancy of six months or less and who often require palliative care to help ease severe pain. Medicare spent $17.8 billion for hospice care for nearly 1.5 million patients in 2017.

Offending centers were located in states across the country. The worst offending facilities were in California, South Carolina and Texas.

The reports offered recommendations to strengthen safeguards to protect Medicare hospice patients form harm. They called for the Centers for Medicare and Medicaid (CMS), the agency responsible for administering the Medicare program, to improve oversight of hospice facilities.

The recommendations also call for CMS to focus on enforcement tools as well as collection and analysis of deficiency data.

This year CMS issued new guidelines to inspectors of hospice facilities to help them identify issues quickly and prevent patients from experiencing safety and health issues.

Anyone who has experienced or witnessed abuse, neglect, poor care, or financial discrepancies in a hospice should contact the hospice administrator, the state department of health, or the Medicare hotline at 1-800-Medicare. If a potential crime has been committed the police should be contacted immediately.

Full Article & Source:
More Than 300 Hospice Centers Get Failing Grade From Inspector General

Saturday, July 13, 2019

The Strange Political Silence On Elder Care

Millions of middle-aged women struggle to care for ailing older relatives, and the crisis is only getting worse. So why is no one talking about it?


Labors of love: It took a long time for Alexis Baden-Mayer (right) to view the uncompensated care she provides her ailing mother as a political issue. (Pete Marovich)
For Alexis Baden-Mayer, who lives with and cares for her two elderly parents, the audiobook of Marcel Proust’s six-volume novel, In Search of Lost Time, has two distinct benefits. First, it provides 150 hours of literary distraction. Second, it features a character who jokes about excrement. 
 
“Play it in the car as you drive your loved-ones to doctors appointments,” she wrote in a blog post about her caregiving experience. “Play it each morning as you strip soiled linens from the mattresses, make beds and fold laundry. Play it, as I have, to try to calm and distract yourself as you bark commands to your dementia-addled mother to wipe her butt and drop the toilet paper in the toilet.”

Baden-Mayer, a freckled forty-five-year-old, put her house on Airbnb three years ago and moved with her husband and two kids into her parents’ home in Alexandria, Virginia. Her mom, who has Alzheimer’s disease, was no longer able to take care of her dad, who had suffered from heart failure. “I didn’t really have a good idea of what I was getting into, quite honestly,” she said, reflecting on what a truly frank conversation with her husband would have sounded like: “What do you think of living with my parents for about ten years while their health declines and they die?” 

When I went to visit one morning in May, her day had started at five a.m. Hair still wet from her shower, she steered her mother through a morning routine. She told her where to put her hands to wash herself, then placed her mom’s feet through the leg holes of her adult diaper. Without Baden-Mayer’s kind but firm instructions, her mother would start staring into space, seemingly happy but unsure of where to go next. More than once, when her mother was smiling at me, perplexed, Baden-Mayer explained my presence. (“She’s a journalist. She’s working on a story about family caregiving.”) The long dining room table was a laundry-folding assembly line, piled with six people’s clothes. 

Baden-Mayer is one of about thirty-four million Americans providing unpaid care to an older adult, often a family member. Most of these caregivers are middle-aged, and most are women. They are individually bearing most of the burden of one of America’s most pressing societal challenges: how to care for a population of frail elders that is ballooning in size.

Most people assume that Medicare will cover the type of long-term personal care older people often need; it does not. Neither does standard private health insurance. And the average Social Security check can only make a medium-sized dent in the cost of this care, which can easily exceed $100,000 a year if provided in a nursing home. Medicaid, unlike Medicare, does cover long-term care, but only for patients who have exhausted their savings, and coverage, which varies from state to state, can be extremely limited. So the safety net you thought would catch you in old age is less like a net and more like a staircase you get pushed down, bumping along until you’ve impoverished yourself enough to hit Medicaid at the bottom.

Private long-term care insurance exists, but it’s the designer bikini of insurance: too expensive, skimpy coverage. Since people tend to buy it only when they know they’ll soon be making a claim, there are never enough healthy people paying into the plans to keep them affordable. Insurance companies have realized this and jacked up premiums—or stopped selling policies altogether. 

Meanwhile, the cost of hiring a home health aide to take care of a frail parent can add up to $50,000 or more per year. So tens of millions of individual women across the United States wind up providing the care themselves for free, and bearing its cost in the form of stress, lost wages, and lost opportunities to nourish their other needs, and their families’. When we talked on the phone, Baden-Mayer wondered aloud, “Why is it that we don’t have a good system that we can plug into when our parents need care?” 

Why indeed? You might expect that a problem that affects so many people so profoundly would become a major political issue. Recent years have seen other issues, including ones that disproportionately affect women in their personal lives, become highly politically salient—from sexual harassment and pay equity to the push for universal pre-K education and improved access to child care. Yet even though American women today are politically organized and running for office in record numbers, elder care remains widely viewed as a purely personal matter. You could be a news junkie, following the 2020 race closely, and have heard nothing about it. 

Why is that? And could long-term care go from being a sleeper issue to one that boosts a candidate out of the 2020 pack? 

Demographic trends have prodded and pulled America’s long-term care problem into a long-term care crisis. A driving factor is the increasing risk of reaching a point in our lives when we can no longer perform some of the essential activities of daily life, from getting dressed to using the toilet. Approximately half of us will need some form of long-term care, and an estimated 15 percent will face related medical bills exceeding $250,000. 

Paradoxically, this is partly due to advances in medicine. Since the 1940s, for example, antibiotics have dramatically reduced the numbers of Americans dying of pneumonia, which was once a leading cause of death among older Americans. But advances like those mean more people are living long enough to contract debilitating chronic conditions like Alzheimer’s. 

On the flip side are broad public health trends like obesity and the spread of sedentary lifestyles. These have led to an epidemic of chronic diseases like diabetes that, while not necessarily fatal, leave more and more people struggling with disabling conditions for decades.

Then there’s the looming impact of Baby Boomers hitting retirement, so massive that it’s often referred to in the terminology of natural disasters, like “the gray tsunami.” If you look at a chart of the ratio of middle-aged adults (potential caregivers) to people over eighty (the people most likely to need care), it’s like the steep downhill of a roller coaster, starting at seven to one in 2010, and plummeting to four to one by 2030. In addition, average family size has shrunk significantly since the 1970s. With smaller families now the norm, the strain on individual caregivers within families has increased enormously. The imbalance will become even more acute if America cuts back on the flow of immigrants, who make up a large portion of professional caregivers.  

This was easy to see coming, by the way. As far back as 1971, Congress held hearings on the impending crisis in long-term care, and throughout the 1980s and ’90s, think tanks and blue-ribbon commissions issued a stream of reports on what to do about it, predicting catastrophic consequences by the 2020s if the problem went unaddressed. But it did go unaddressed, perhaps because, like climate change, it was both unpleasant to contemplate and seemingly far off in the future. Meanwhile, other countries with aging populations, including Japan, Canada, and most European nations, took action, offering a range of substantial benefits to family care providers, from directly compensating their work to subsidizing professional home care. But in the United States, public attention to long-term care faded even as the problem grew increasingly acute. 

Sandra Levitsky has a theory about why long-term care has not yet gained traction as a political issue. A sociologist at the University of Michigan, she’s the author of Caring for Our Own: Why There Is No Political Demand for New American Social Welfare Rights, a book she researched in part by schlepping between adult day care centers, nursing homes, and a hospital in Los Angeles, interviewing caregivers and scribbling notes at the back of support group meetings. 

Levitsky found that the lack of public outcry for long-term care didn’t reflect an absence of need. Instead, it was driven by a widely held belief that caregiving is a family responsibility, tied up with what it means to be a good son or daughter. And because it’s so time intensive and takes place in the home, caregiving is often extremely isolating, making it hard to see it as a systemic issue. One woman who was caring for her husband told Levitsky that when she went to a support group for the first time, “I just started to cry. I just thought, ‘My god! I’m not in this alone!’ ”

Rachel McCullough, an organizer affiliated with Caring Across Generations, a national campaign, noticed this while canvassing door to door in the Bronx. She found that asking people whether they were a caregiver didn’t really work; people didn’t identify themselves that way. Instead, she found that to get a conversation going, she had to ask more descriptive questions—“Have you taken care of your parents?”—or share her own stories. 

The fact that people don’t identify as “caregivers” helps to explain why even women who are otherwise politically engaged don’t view the care they provide to their aging parents as a political issue. Baden-Mayer is a good example. A former women’s studies major, her laptop is as layered with stickers as a college student’s—“Vote YES on Prop 37”—and she works full time as a political director for a nonprofit advocacy group for organic food consumers. In the foyer of her house hangs a photo of a man throwing up a peace sign in front of the U.S. Capitol. If anyone were to connect their own experience to a systemic problem, you’d expect it to be someone like her. But she admits that, for a long time, she really didn’t. And she definitely didn’t question the relative silence from lawmakers on the issue. 

Another barrier to politicizing the long-term care crisis is the fact that there’s no clear bad guy. As McCullough put it: environmentalists have the fossil fuel industry, gun control activists have the NRA, and consumer advocates have the big banks. Who, exactly, are caregivers fighting? Instead of feeling anger, which research shows is linked to political activation, people struggling with providing for their parents tend to feel guilt and shame, directing the blame inward. Once the stressful experience is over, most people want to put it behind them. Still, Levitsky found that some people come out of it wanting to improve the system, particularly middle-aged women. “It was a subset of the group, but they were really politicized,” she said. “And that’s the constituency that I do believe could be mobilized.”

But someone is going to have to mobilize them. Even when participants in Levitsky’s study were directly asked about whether their experience had changed their attitude about the government’s responsibility for helping, a common response was that they simply hadn’t thought of the government’s role. Levitsky said, “When you believe something is so natural, you can’t imagine things being another way.” 

In fact, when it comes to long-term care, it is possible for things to be another way. In mid-May, for example, Washington State Governor and long-shot presidential candidate Jay Inslee signed off on the country’s most sweeping long-term care bill. The law provides eligible residents with a lifetime benefit of up to $36,500 to pay for things like meal delivery, nursing home fees, and home help, including paying a family member who is providing care. 

Passing the bill required a diverse coalition—including the nursing home industry, home health worker unions, disability rights advocates, and the Alzheimer’s Association—to put aside their differences and get on the same page when talking to legislators. It helped that one of the law’s champions, State Representative Laurie Jinkins, had both professional public health experience—she works for a county health department—and a personal connection to the issue. In a speech on the state house floor in support of the bill, Jinkins explained how her mother-in-law ended up having to spend herself into poverty to qualify for Medicaid when she could no longer live alone. 

A crucial factor in getting the bill passed was a study, conducted by the national actuarial firm Milliman, showing that it would soon save hundreds of millions per year in Medicaid costs. “What we found was that it was critically important that legislators could have confidence in the numbers,” said Sterling Harders, president of a regional SEIU union that represents care workers, who advocated for the bill. 

The law is financed by a .58 percent state payroll tax. How can the state finance such a large new benefit with such a modest tax hike? The key is that everyone contributes, including people who are still young and healthy, and to reap the benefit, you have to pay into the system. 

This solves the problem of adverse selection that makes the private provision of long-term care ruinously expensive. Rather than trying to buy insurance only when they’re old and frail enough to expect to make a claim in the near future, Washington residents are now in effect compelled to spread out the cost of their insurance over their entire adult lives, making it much more affordable.

Washington’s approach is also much more efficient than expecting people to save up a nest egg to cover the cost of their own long-term care. Roughly half of us will never need it; among those of us who do, some will need it only for a short time, while others will consume hundreds of thousands of dollars of care over several years. And yet for most of our lives we can’t really know which group we belong to. That makes long-term care a logical candidate for financing collectively through insurance, so long as paying into the system is mandatory. When plans aren’t mandatory, not enough healthy, young people self-select to buy them, and they tank. That’s one of the reasons that the Obama administration ultimately had to pull the plug on its attempt to address long-term care; because the program was voluntary, not enough people enrolled, making premiums far too expensive.

That’s not to say that providing universal long-term care insurance wouldn’t cause sticker shock when it shows up in government budgets. But the fact is that, one way or another, society is already bearing these costs—mostly in the form of care provided by stressed-out, uncompensated women who have the misfortune of having a family member who needs care and can’t afford to pay for it. What we need is a way to distribute that burden more equitably. 

You can divide the world of politicians into two groups,” said Howard Gleckman, a senior fellow at the Tax Policy Center. “It’s not Democrats and Republicans, it’s people who have been caregivers and people who haven’t.” When he’s talking to members of Congress who recognize the problem, it’s far more likely that their understanding comes from personal experience than from an outpouring of calls from constituents. Gleckman himself started working on the issue after he and his wife struggled to care for their own parents. “Don’t underestimate the importance of policy by anecdote,” he said. 

It’s a point that several other advocates and policy experts echoed. One organizer working on caregiving issues in Michigan found an ally in a Republican legislator with a prime perch on a budget committee. That legislator’s mother, the organizer found out, had qualified for Medicaid and was placed in a nursing home because there was a long waiting list for home services. 

One lawmaker who feels strongly about an issue could be worth twenty who merely support it. A prominent example came in 2008, when Congress voted on a bill requiring insurers to cover mental illnesses at the same level as physical ones. It was the result of over a decade of determined lobbying from Senator Pete Domenici, a senior Republican, fiscal hawk, and chairman of the powerful Senate Budget Committee. Otherwise an unlikely champion, Domenici was propelled by his daughter’s experience with schizophrenia. He joined forces with one of the most liberal senators at the time, Minnesota Democrat Paul Wellstone, whose brother had suffered from mental illness, and together they built alliances with a number of other legislators who had likewise been personally affected. 

The prospects for long-term care coverage at the national level got a boost this past April, when Bernie Sanders added it to his single-payer health care plan. But if support for family caregivers is to become a priority in the coming election cycle, it may be because some of the other candidates have had their own brushes with long-term care. Amy Klobuchar, the 2020 candidate with perhaps the longest legislative history of working on issues that affect seniors, has talked about her father’s struggle with alcoholism. Cory Booker has been vocal about Parkinson’s disease, which his father suffered from, and is proposing an expansion of the Earned Income Tax Credit that would give caregivers more money. “I watched my mother be his primary caretaker, and it affected her physical health,” he told a small crowd at a campaign event in February. “The personal pain I saw it causing my mom was devastating to me.” He added, “This is a common problem in our country. We are weak in America when we let people struggle and suffer in isolation.” 

Rachel McCullough, the organizer in New York, said her group is already thinking about how to bring this issue to the forefront of the 2020 presidential campaign. They already have organizers and volunteers working on a state campaign in Iowa, which is dense with national press and where it’s relatively easy to get face time with candidates. In televised town hall meetings, their Iowa counterparts may try to force candidates to articulate a position on caregiving. McCullough said, “A case we’re trying to make, and that we will be making to the presidential candidates, is if their goal in the face of Trump and Trumpism is to speak to and unite the vast majority of Americans, with a focus on women—this is the issue.”

Full Article & Source:
The Strange Political Silence On Elder Care