Settlement in Maryland Class Action

Several media outlets have reported the $16 million settlement between Maryland and the nursing home industry including Consumer Affairs, The Baltimore Sun and the Washington Post.  Nursing homes sued Maryland for more money.  The average monthyl rate Medicaid pays for nursing home care is over $6,000.  The class action lawsuit, filed in August 2005, claimed that the state's Department of Health and Mental Hygiene erroneously concluded that nursing home residents could afford co-payments for their care. That determination failed to take into account the debt that patients accrued while waiting to be approved for Medicaid coverage, according to the suit. Federal and state law requires states to consider patients' debt when calculating their income.

Maryland taxpayers will provide $8 million of the settlement funds, with the federal government paying the other half. Nursing homes claimed that the state owed $64 million for incorrect calculations made since 2002.

The settlement could serve as precedent for other states that fail to take patients' old debt into account when determining their Medicaid eligibility. In order to qualify for Medicaid, the federal-state program for the poor, an individual must deplete his or her assets to reach a $2,000 threshold. Often, that patient needs care before reaching that limit and can accumulate thousands of dollars in nursing home bills.

Consumers can obtain information at the official settlement website

 


 

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. 

Profits Soar in Nursing Home Industry

Many corporations provide insufficient staffing, training, and substandard care to pad their books and make outrageous profits.  Kindred Healthcare, Inc. recently announced its operating results for the first quarter ended March 31, 2010.

First Quarter Highlights:
Consolidated revenues rose 2% to $1.1 billion
⎯ Each operating division reported revenue growth compared to last year
• Reported diluted earnings per share totaled $0.38, including $0.06 of certain charges
⎯ Excluding the charges, first quarter earnings were at the high end of the Company’s guidance
range of $0.35 to $0.45 per diluted share
• Hospital volumes continued to improve
Reported admissions grew 3% from last year
⎯ Same-facility aggregate admissions grew 3%; same-facility commercial admissions grew 12%
⎯ Volume growth in the quarter was partially offset by softer Medicare and commercial pricing
• Nursing and rehabilitation center admissions grew 5% in the first quarter compared to last year
Reimbursement rates were generally in line with expectations
• Peoplefirst Rehabilitation continued to demonstrate consistent operating results
⎯ Division signed 28 net additional unaffiliated contracts compared to a loss of three contracts in the first quarter last year

See report here.   But the nursing home industry will insist they can't make any money because of alleged cuts in Medicaid and Medicare reimbursements, and, of course, on "frivolous" lawsuits.  Ridiculous.

I hope all of our loved ones are safe on this Mother's Day.
 

 

Long Term Care Hospitals

The New York Times had an interesting article about the growing industry of long term care hospitals.  The greedy owners manipulate the Medicare and Medicaid regulations on reimbursement to make even more money and profit.

Fewer than 10 hospitals dedicated to long-term care existed in the early 1980s, according to Medicare officials.  More than 400 long term care hospitals have opened nationally in the last 25 years.   These hospitals have sprouted driven by Medicare rules that offer high payments for hospitals that treat patients for an average of 25 days or more.  Long-term care hospitals now treat about 200,000 patients a year, including 130,000 Medicare patients — at a projected cost of $4.8 billion to the government this year, up from $400 million in 1993. 

Among the more peculiar aspects of long-term care hospitals is that nearly half of them, and almost all of Select’s, are actually “hospitals within hospitals.” They do not have their own buildings and instead occupy a floor or two of an existing hospital. They contract most services from the host hospital, so they can be opened quickly and cheaply.

Yet under Medicare rules, because they have different owners, the two hospitals are considered separate for payment purposes. This means there can be a second reimbursement when a patient is simply transferred between floors.  Under Medicare payment rules, traditional hospitals often lose money on patients who stay for long periods. So they have a financial incentive to discharge patients to long-term hospitals, which then receive new Medicare payments for admitting the patients. Both hospitals benefit financially.  The industry’s growth is an example of how health care companies can exploit the $450 billion Medicare program.

 

Few long term care hospitals have doctors on staff. Select, which has 23,000 employees and provided care to 42,000 patients in 2009, has no physicians on its board or in management. In 2007, it hired a physician for a new position, national medical director. The physician, Dr. David Jarvis, does not work at Select’s headquarters in Mechanicsburg, Pa., and has no management responsibilities. He estimated he spent only 10 hours a week working for Select Medical. Select Medical Corporation is a publicly traded Pennsylvania company that runs 89 long-term hospitals, more than any other company.

Lawsuits, state inspection reports and statistics deep in federal reports paint a troubling picture of the care offered at some Select hospitals, and at long-term care hospitals in general. For-profit long-term hospitals generally spend less on patients and have higher margins than comparable nonprofits, according to data from the Medicare Payment Advisory Commission, a Congressional research agency. In 2007, for-profit long-term care hospitals had margins of 6 percent on Medicare patients, while regular hospitals lost an average of 6 percent on Medicare patients, according to the commission. In a presentation to investors last month, Select Medical reported that it improved its margins by lowering staffing levels and supply costs. Medicare inspection reports, however, describe preventable patient injuries and deaths, and they portray Select’s hospitals as understaffed and with high turnover.

In 2007 and 2008, Select’s hospitals were cited at a rate almost four times that of regular hospitals for serious violations of Medicare rules. Other long-term care hospitals were cited at a rate about twice that of regular hospitals. Long-term care hospitals also had a higher incidence of bedsores and infections than regular hospitals in 2006, the most recent year for which federal data is available.

Unlike other specialized hospitals, like psychiatric or children’s hospitals, long-term care hospitals do not treat specific types of patients or offer services unavailable in regular hospitals. They are defined solely by the fact that they keep patients longer than other hospitals. They are also smaller than a typical hospital, averaging about 60 beds.

Despite the rapid expansion of long-term care hospitals, Medicare has never closely examined their care. Unlike traditional hospitals, Medicare does not penalize them financially if they fail to submit quality data.

Select also manipulates how long patients stay, to maximize its profits. A hospital is certified as a long-term care hospital and receives high Medicare reimbursements if most patients stay at least 25 days. But Medicare pays the hospital a set amount for each patient, meaning that patients who stay longer than that become less profitable. Therefore, long-term care hospitals are most profitable if most patients are discharged at or just after their 25th day, with a few discharged earlier. Select adheres closely to this formula, with an average length of stay at its hospitals of about 24 days, according to public filings. At some Select hospitals, the 25th day is called the “magic day,” ex-employees say.

Partly owned by a private equity firm, Select Medical sold shares to the public in September. Its top two executives, a father and son named Rocco and Robert Ortenzio, have made about $200 million from salary, benefits and share sales since founding Select in November 1996. The Ortenzios, who are veterans of the for-profit hospital industry, still own about 10 percent of the company, worth about $200 million.
 

Staffing and Fall Prevention

Another great Star-Tribune article about the inadequate staffing levels in nursing homes.   John Doll and Sharon Erickson Ropes wrote the article.  They are state senators and policymakers in Minnesota.  They focused on two important themes that ran through the entire prior series: inadequate staffing and staff training at Minnesota nursing homes.  Both relate to funding of Medicaid reimbursements and the greed of the for profit national chains.

State funding for nursing homes has been a highly charged issue at the State Capitol under the Pawlenty administration. The governor has repeatedly thwarted efforts to raise funding for nursing homes despite protests from senior advocacy organizations and the ardent efforts of legislators on both sides of the aisle. Just this past year the governor unalloted an increase in reimbursements that would have helped nursing homes keep up with the cost of providing quality care to their residents.  However, safety and quality care should never be compromised. Failing to properly fund these services for our elders leads to tragic outcomes.  Budget cuts are forcing caregivers to be responsible for more and more vulnerable adults without adequate supervision, resources or proper training.

Nursing homes depend on state and federal dollars to keep their doors open. As funding has been stripped away, these facilities have been forced to reduce staff, freeze wages, delay needed upgrades and repairs, and sometimes cut corners when it comes to providing quality care, as was shown by the Star Tribune series. Inadequate staffing leads to poor working conditions for caregivers, which in turn significantly increases the risk of serious mistakes.

Our goal is to supply nursing homes with the tools and resources they need to provide quality care to their residents, and to ensure that when accidents occur, every step is taken to prevent future mishaps and to provide seniors and their families with the answers they deserve.

 

 

Overpayments to Nursing Homes

Center for Medicare Advocacy issued a bulletin about overpayments to nursing homes.  The bulletin explains the long history of nursing homes collecting more money than they deserve or are entitled to for services especially for nonexistent rehabilitation.  Changes have recently been made to rein in wasteful spending and overpayments.

In March 2009, as in previous years, Medicare Payment Advisory Commission (MedPAC) recommended that Congress not increase Medicare nursing home rates.   MedPAC reported that "the aggregate Medicare margin for freestanding" nursing homes was 14.5% in 2007; that for the seventh consecutive year, the aggregate Medicare margins exceeded 10%; and a one quarter of SNFs show profit margins of at least 24.8%.   That is a big profit margin paid for by taxpayers.

 

How overpayments occur:

SNFs are paid for services they do not provide. PPS pays SNFs a daily rate based on the assessed needs of the resident.  Although getting paid based on the assessment, most residents were not provided the therapy they required in order to be placed into those assessment categories.  SNFs did not provide the amount of rehabilitation services they were paid to provide and rehabilitation services actually provided to residents under PPS decreased.  Now it will pay only for services that are actually provided in the SNF. Billions of dollars in overpayments have been wasted.  CMS is not recouping the billions of dollars of overpayments from the previous four years.
 

The falsity of "concurrent" therapy.  SNFs shifted from one-on-one therapy to "concurrent" therapy, a method by which one professional therapist works with multiple residents on different therapy tasks at the same time, but SNFs still bill Medicare as if each resident received 100% of the therapist's attention. For example, SNF Medicare reimbursement rules have allowed a therapist treating four patients concurrently during the course of one hour to bill Medicare for four full hours of therapy. CMS reports that more than a quarter (28.26%) of therapy provided in SNFs is now concurrent. CMS will close this loophole when it implements revisions to Medicare by requiring allocation of concurrent therapy time and by limiting concurrent therapy to two residents.  CMS is not recouping overpayments for the many past years of "concurrent therapy."

Greed.  When several large multi-state nursing home chains filed for bankruptcy protection in the late 1990s, Congress responded by increasing Medicare reimbursement rates for SNFs in multiple ways. Although Congress increased the nursing component of all SNF rates by 16.66%, SNFs did not spend the billion-dollar rate increase on nurse staffing, as Congress intended. The GAO found, "in the aggregate, SNFs' nurse staffing ratios changed little after the increase in the nursing component of the Medicare payment rate took effect. Overall, SNFs' average nursing time increased by 1.9 minutes per patient day."  The national for profit chains took the increase and put it in profits to increase their stock instead of using the money to increase staffing to provide proper and adequate care.

CMS has taken strong steps to eliminate some of the waste and overpayments to SNFs that have been well-documented by MedPAC and the GAO for many years. In the final regulations published in August, CMS eliminated the look-back period; recalibrated the rates to maintain budget neutrality; revised the rules for concurrent therapy; and is considering development of a SNF-specific wage index. These changes and the changes included in H.R. 3200 should not result in reduced staffing and quality of care, as suggested by the nursing home industry. Instead, they will improve the integrity of the Medicare program by ensuring that SNFS are reimbursed accurately and fairly for the services they actually provide.

 

 

Texas Medicaid funding places residents at risk

The Dallas Morning News had an article about the amount of money Texas provides to nursing home residents who are on Medicaid.  The article emphasizes that the amount of money is directly related to the quality of care and shows how Texas treats its most vulnerable citizens.

Texas' Medicaid program only reimburses nursing homes an average of $112.79 per patient per day – less than 48 other states.  Texas remains 30 percent below the national average of $163.27 per day.  Patient advocates and industry experts say Texas' 49th-place ranking means that nursing homes can't pay employees competitive wages. That in turn leads to high staff turnover, which hurts residents' care.  It is no surprise that 28 percent of Texas' 1,100 nursing homes received the worst rating and only 10 percent scored the best when Medicare announced its new nursing home ratings late last year.

The reimbursements now don't even cover nursing homes' actual costs and would need to increase to at least $125 a day for facilities to break even.  Skilled nursing care costs tens of thousands of dollars a year, so many nursing home residents eventually exhaust their personal assets and qualify for Medicaid, the federal-state health care program for the poor.

Nursing homes have tried to hold the line on their labor costs, but that leads to high staff turnover. It's difficult to compete with hospitals, which pay better, so nursing homes routinely lose registered nurses, licensed vocational nurses and nurses' aides.  "The average annual turnover rate is 87 percent for certified nurses' aides," said Pearl Merritt, who leads a center task force on long-term care. "It's a challenge to maintain high-quality care in a revolving-door environment."

Nurses' aides can work at a McDonald's for more than what Texas nursing homes are willing to pay them.

 

 

Obama's budget and nursing homes.

McKnight's had an article about President Obama's budget and how it will affect nursing homes.  It may be too early to tell but it looks like nursing home reimbursements will increase under the new budget.  Many nursing home operators are praising President Obama's proposed 2010 budget for provisions that would help educate and train nurses.   The budget also proposes “bundling” of some Medicare funding for post-acute care.  The goal of bundled payments is to lower hospital readmission rates and decrease the overall cost of health care.

Larry Minnix, the CEO of the American Association of Homes and Services for the Aging, highlighted another part of the budget: a proposal to allocate $1 billion “to capitalize and launch the Affordable Housing Trust Fund to develop, rehabilitate and preserve affordable housing and increased funding for the project-based rental assistance program to preserve 1.3 million affordable rental units will help moderate income elders find and keep a place to call home.

 

S.C. to post Medicaid payments online

S.C. to post Medicaid payments to doctors, nursing homes online 

South Carolina is now posting how much the local nursing home or doctor gets in Mediciad reimbursements.

"We are pleased to be able to offer the public a way to track how their money is spent in the Medicaid program," Emma Forkner, director of the state Department of Health and Human Services, said in a statement. "This kind of spending transparency is key to ensuring accountability from government agencies and those who get paid by them."

The move by DHHS, which administers the $5.4 billion Medicaid program, will help DHHS locate "unusual billing patterns"  and hopefully detect fraud.  

The site also provides information about dentists, hospitals and any of the other nearly 30,000 health care providers in South Carolina who participate in the Medicaid program. It includes their reimbursements as well as the number of patients they saw. More than 800,000 South Carolinians receive Medicaid, the health insurance program for the poor and disabled.

To access the data, go to http://www.dhhs.state.sc.us/dhhsnew/Transparency.asp and click on Medicaid Transparency Database.

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Corporations take assets from bankrupt nursing homes

Interesting article from the Courant.com about a deal to sell the bankrupt Haven Healthcare nursing-home chain.  Attorney General Richard Blumenthal said that Formation Capital, which owns Genesis HealthCare, notified the state that it was pulling out of an $85 million deal to take over 14 of Haven's homes in Connecticut and 10 in other New England states, without giving a reason.

Formation announced June 12 that it had signed a purchase agreement for the homes, but the company had two weeks to reconsider before the deal was to be finalized in bankruptcy court Thursday.

Many nursing homes across the country are owned by real-estate investment firms and managed by other entities — a form of ownership called a REIT, or a real-estate investment trust. By law, a REIT cannot operate a nursing home, but must hire a licensed provider to do so.

"The former management of Haven is history. We are all committed to a new day for these nursing homes, their residents and their dedicated employees," Blumenthal said.

Blumenthal and officials of the state Department of Social Services said they and the health department will be closely monitoring operations of the Haven homes while the future of the chain remains in limbo.   Occupancy in some Haven homes has fallen off dramatically since the chain declared bankruptcy seven months ago.

Haven — one of the largest chains in the state, with more than 1,800 beds — declared bankruptcy last November in the wake of a series in The Courant detailing its financial troubles and repeated citations for patient-care deficiencies. The company defaulted on millions of dollars in bills for supplies and utilities while its CEO used corporate assets to launch a Nashville recording company and make other personal purchases.

The Department of Social Services had offered Genesis sizable Medicaid rate increases and other incentives to take over the chain, but also had required that Genesis agree to provide detailed financial reports and meet certain staffing standards once it took over operations. 

Blumenthal said Thursday that a wide-ranging investigation of Haven's financial dealings will continue, regardless of the outcome of the sale of the chain.



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...