Low Fine for Careless Violations

North Carolina's  Department of Health and Human Services issued a recommendation for $20,000 in penalties against Britthaven of Chapel Hill nursing home where a nurse is accused of murder and patient abuse related to morphine overdoses. Incredibly $20,000 represents the federal maximum the two centers can legally fine the facility for the violations that occurred.

The violations are connected to the activities by Angela Almore. Almore was a registered nurse at the facility charged with second-degree murder and patient-abuse surrounding Rachel Holliday’s death.  Holliday died of pneumonia from asphyxiation; the morphine levels in her body were believed to have contributed to her death.  Injuries involving morphine and six other patients are also involved.  Prosecutors say Almore drugged patients to make them more manageable.  Of note, none of the patients were prescribed the potent pain reliever.

See articles here and here.


 

Increase in Reimbursement

The Centers for Medicare & Medicaid Services posted payment updates for skilled nursing and inpatient rehabilitation facilities' prospective payment systems for fiscal 2011. Nursing homes will realize a 1.7% increase in its market basket rate.  The nursing home increase was actually 2.3%, but federal regulators noted that an automatic click down of 0.6% was put into effect because overpayments were made at that rate in fiscal 2009. The net nationwide gain in Medicare payments to skilled nursing facilities will be $542 million in fiscal 2011.

CMS would be putting MDS 3.0 into effect on Oct. 1, which will modify resident assessment tool. As previously indicated, the RUGs-IV refined payment system will begin at the same time but will be recalibrated in the future, after CMS devises an appropriate way to recalibrate payments.

The SNF and IRF payment updates for fiscal 2011 will be officially published in the Federal Register. 

Proposal to Reduce Civil Monetary Penalties

This is a good follow up to this morning entry about the failure of nursing homes to report incidents and the failure of regulatory authorities to investigate and prosecute most incidents.  McKnight's had an article about a new proposal that would cut penalties by 50%.  Ridiculous.

The newly proposed rule from the Centers for Medicare & Medicaid Services would reduce civil monetary penalties (CMP) issued against nursing homes by as much as 50%. To qualify for the reduced CMP under the rule, a nursing home would have to report a deficiency before it is discovered by either CMS or a state agency, and correct the deficiency within 10 days.

The penalty reduction would not apply in cases of immediate jeopardy, or in cases that are part of a recurring pattern of harm, according to the proposal. The new rule also would establish an escrow account where CMP would be held during any appeals process. In the event of a successful appeal, CMS would return the money with interest.

Currently, CMPs range from $50 to $10,000 per day of noncompliance, according to background information in the proposed rule. The rule was created in accordance with section 6111 of the Patient Protection and Affordable Care Act. CMS is asking for feedback on the rule, which was published Monday in the Federal Register. Comments are due by August 11.

 

Finding the Right Nursing Home

This guest post is contributed by Kitty Holman, who writes on the topics of Nursing Degrees . She welcomes your comments at her email Id: kitty.holman20@gmail.com.

The New York Times had an article about the process of choosing a nursing home for your loved one. This can be a long and difficult process for people, and there are certain things to remember as you work to find a home that fits your needs.

1. Collect the data. The Centers for Medicare and Medicaid Services collect data annually on nursing homes across the country, assembling information about everything from health inspection rankings to staffing reports on more than 15,000 institutions. A great way to get started in this is by using the Nursing Home Compare tool at Medicare.gov.  However, it's important to remember that federally issued rankings of nursing homes only reflect the home's performance during a very brief period, so the quality might have changed since the report was issued. Additionally, Medicare's grading system stipulates that only 10 percent of a state's nursing homes can receive the top rating of five stars, so a high-quality home might get four stars for no reason other than that it missed the arbitrary cutoff point.

2. Visit repeatedly. It's impossible to get a sense of what a nursing home is like from just one visit. In order to better understand life at a particular home, it pays to visit several times, over different days and at different times of the day. This way, you can get an overall feel for the place. Medicare.gov also provides a helpful PDF checklist  you can take on visits to record what you see, hear, and smell. For instance, are staff and residents busy interacting, or is the place quiet and reserved? Does it smell like food, or cleaning supplies? Are there noticeable stains or broken fixtures? This is also your chance to talk directly with the nursing home's management, including the head physicians. If they can't make time to speak with you, it might be a good idea to move on and look at another home.

3. Ask the right questions. If you're placing a loved one in a nursing home, make sure to ask the facility's staff about "person-centered care" and "consistent assignment." The former is a term that means residents will be able to set their own schedules, including meal times and when they wake up. The latter means that the same team of physicians and assistants will deal with the same patients in each shift. This provides a feeling of continuity for residents and allows them to develop relationships with their caregivers.

4. Check their reputation. Every state in the country has a federally funded ombudsman overseeing long-term care who works as an advocate for nursing home patients. Your state's ombudsman will be able to help you find out more about nursing homes in your area and whether there is additional survey information on the facility in question. They can also tell you if any complaints have been filed against the nursing home. The National Long-Term Care Ombudsman Resource Center can help you learn more about your local ombudsman.

 

Ranking nursing homes

U.S. News & World Report issues the best and worst nursing homes every year based on federal and state inspections, surveys, and required data on staffing.  Here is the most recent article.  The rankings are only as good as the investigators which in most cases is poor.  On a given day, 1.5 million people are living in the nation's 16,000-plus nursing homes, and in a typical year more than 3.2 million Americans will spend at least some time in one. 

 

The U.S. News rankings rely on Nursing Home Compare, a program run by the federal Centers for Medicare and Medicaid Services. CMS analyzes information on all homes enrolled in Medicare or Medicaid.  The homes also receive ratings of one to five stars in each of three areas: health inspections, nurse staffing, and measures of care.

At Nursing Home Compare, you can search for a specific home or for all homes in a particular state or within a certain distance of your city or ZIP code. But you can't assume that all five-star homes, or those with three or four stars, are of the same quality. There are so many homes in each rating—1,855 in the five-star and 3,661 in the four-star categories alone—that the range of performance is bound to be very wide. Nor can search terms be combined if, say, you want only five-star homes within 50 miles of a specific city.

America's Best Nursing Homes addresses these and other issues. Homes are presented in tiers within each star category, based on their total stars in all three of the major areas. The topmost tier, for example, consists only of five-star homes that got 15 stars. The next tier down is five-star homes with 14 total stars, and so on.

Here are more details about the measures that go into the CMS ratings.

Health inspections. Because almost all nursing homes accept Medicare or Medicaid residents, they are regulated by the federal government as well as by the states in which they operate. State survey teams conduct health inspections on behalf of CMS about every 12 to 15 months. They also investigate health-related complaints from residents, their families, and other members of the public. "Health" is broadly defined, as is evident in the 180-some items on the checklist. Besides such matters as safety of food preparation and adequacy of infection control, the list covers such issues as medication management, residents' rights and quality of life, and proper skin care. A home's rating is based on the number of deficiencies, their seriousness, and their scope, meaning the relative number of residents who were or could have been affected. Deficiencies are counted that were identified during the three most recent health inspections and in investigations of public complaints in that time frame. State inspectors also check for compliance with fire safety rules, although their findings do not factor into the CMS ratings.

Nurse staffing. Even the best nursing care is not enough if there are too few nurses to spend much time with residents, so CMS determines average nursing time per patient per day. Homes report the average number of registered nurses, licensed practical nurses, licensed vocational nurses, and certified nurse aides who were on the payroll during the two weeks prior to the most recent health inspection and their number of hours worked. The information is compared with the average number of residents during the same period and crunched to determine the average number of minutes of nursing time residents got per day. 

Quality measures. Nursing homes have to furnish the latest three quarters of clinical data showing the status of each individual Medicare and Medicaid resident in 19 indicators, such as the percentage of residents who had urinary tract infections or who were physically restrained to keep from falling from a bed or a chair. The Best Nursing Homes rankings and Nursing Home Compare display data for each home on all 19. The ratings, however, are based on 10 that are considered the most valid and reliable, such as the two above and measures related to pain, bedsores, and mobility.

 

CMS issues new guidelines

U.S. News & World Report had a great article summarizing the spirit and intent of the new federal regulations for nursing homes. The article states "A warm, welcoming environment where residents are free to make choices regarding their care."  These recommendations or standards are long overdue and need to be enforced right away.

The CMS guidance aim to "transform nursing homes into environments that are more like [residents'] homes through both environmental changes and resident-centered caregiving," CMS wrote in an agency news release.  The guidance will serve as an outline that CMS nursing home inspectors will use to make sure a particular facility is reaching federal regulations on good quality care.

Included in the new proposals:

A call to "de-institutionalize" the nursing home's physical environment by doing away with things such as meals served on "institutional" trays, blaring noise from overhead paging speakers, and large nursing stations.

Efforts to individualize and personalize care, stressing the importance of personal one-on-one relationships between residents and staff, and a warm, welcoming environment.

Giving residents real choice over daily routines, including the scheduling of waking, bathing, mealtimes and bedtimes.



 

New addition to CMS website

Mcknight's had a recent article about the changes to the CMS ranking website.  The Centers for Medicare & Medicaid Services has announced a number of updates to its Web site. These include new information about the Five-Star rating system for nursing homes, which became available Thursday, May 28.

Five-Star provider preview reports were released May 20. Nursing home providers can access that information through the Minimum Data Set (MDS) State Welcome pages that are available at the state servers for the submission of MDS data, according to CMS.

May's Five-Star data was added to the Nursing Home Compare Web site on May 28. For more information, visit www.medicare.gov/NHcompare.

CMS has also updated the information under its FAQ section of the Recovery Audit Contractor (RAC) portion of its Web site. On May 19, CMS added answers to questions such as "Why is CMS using recovery audit contractors?" and "Who should providers contact with questions concerning recovery audit contractor communications?" For more information, visit www.cms.hhs.gov/RAC.

 

CMS's new pay for performance program

MedPageToday.com had a short summary of a new Centers for Medicare & Medicaid Services (CMS) plans to test a pay-for-performance program to improve the quality of care in nursing homes.  All Medicare-certified nursing homes in Arizona, Mississippi, New York, and Wisconsin will be invited to join the Nursing Home Value-Based Purchasing demonstration project, which will run for three years starting in July.  CMS expects to enroll at least 100 homes from each state.

Under the program, participating institutions will be awarded points on the basis of staffing measures, avoidable hospitalizations, resident outcomes, and deficiencies identified during inspections.   Homes that score the highest and that show the greatest improvements over time will receive payments.  CMS expects to pay for the program with the money saved by reducing avoidable hospitalizations through improved performance. The funds will be placed into state pools from which incentive payments will be drawn.

I think this is a good idea but shouldn't nursing homes provide quality care and adequate staffing anyway for the billions of tax payer dollars they get every year?
 

Poliakoff & Associates, P.A., is one of South Carolina’s most respected and distinguished law firms. The Poliakoff firm began nearly 60 years ago by three attorney brothers: Matthew, J. Manning, and Bernard. With a history of believing the justice system...More...