Nursing Home Transparency Act – What is Included?

Written By: Kenneth LaBore | Published On: 25th November 2012
Nursing Home Transparency Act

Nursing Home Transparency Act

What is – Nursing Home Transparency Act & Improvement – Title VI?

The nursing home transparency act provisions, to be implemented in three years, will provide consumers and their advocates substantial new information about individual facilities and chain operations.  For years nursing homes made getting some of the most basic information, such as the ownership and management organizations until the much needed Nursing Home Transparency Act.

The Nursing Home Transparency Act – Its disclosure provisions include:

Nursing Home Transparency Act – Public disclosure of nursing home owners, operators, and other entities and individuals that provide management, financing, and services to nursing homes;
Problem:

  • In the last decade there has been an ever increasing degree of sophisticated corporate organizations (such as Residential Investment Trusts ‘REITS’) designed ownership and control difficult to track. In light of recent extremely nursing home verdicts the trend is likely to continue ($677M in August 2010);
  • There have name changes of bad facilities and this information is necessary for the public to track a facility who’s corporate owner(s) have a negative track record;
  • Establishing a methodology for categorizing and public reporting of facilities’ expenditures for direct care, indirect care, capital assets and administration;
  • There are established connections between the staffing level of a nursing home and the number of injuries and deaths to residents. Minn. Stat. Sec. 144A.04, Subd.7(2209) holds “the minimum number of hours of nursing personnel to be provided in a nursing home is greater of the two hours per resident per 24 hours or 0.95 per standardized resident day”;
  • Risk also created from lack of training or supervision;
  • Lack of Adequate Equipment (Hoyer Lift) and supplies (linens and bandages);
  • Staffing data collected electronically from payroll records, public reporting of care hours per resident day, turnover and retention rates;
  • Obtaining the data necessary to determine if the nursing home is in compliance with the minimum staffing levels at any one time. Presently, this information is only available through discovery usually after motion practice;
  • Requirement for nursing homes to make survey and complaint investigations available for three years with a posted notice of availability;
  • Many facilities have had a history of deficiencies and substantiated complaints, presently this information is not always readily available for the resident and their family members. The surveys and complaints establish areas of concern, and often the nursing home’s “Plan of Correction” and may foster a higher degree of interaction from family and others;
  • Look for CMS Deficiencies and Plans of Corrections at these facilities;
  • States must maintain websites with information on all nursing homes and their compliance records;
  • Minnesota already provides online access to two years of surveys and some complaints at: www.health.state.mn.us.

To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).

In addition to the nursing home transparency act requirements, a nursing home must conduct an initial comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR § 483.20). The facility must further develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. (42 CFR § 483.20 (k)) and Minnesota Rule 4658.0405, Subp. 1.

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to klabore@mnnursinghomeneglect.com, or call Ken at 612-743-9048.

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Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

Free Consultation on Issues of Elder Abuse and Neglect Serving all of Minnesota Toll Free 1-888-452-6589

 

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