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July 14, 2015
Proposed Revisions to the Federal Nursing Home Regulations Posted
On Monday, July 13th, the proposed revisions to the federal nursing home regulations, otherwise known as the Requirements of Participation, were filed for public inspection prior to their official publication in the Federal Register on July 16. These regulations, which nursing homes must meet to participate in the Medicare and/or Medicaid programs, have not been revised since their promulgation over twenty years ago. In 2012, CMS announced that it would be revising the Requirements of Participation, and, at that time, Consumer Voice, along with other advocates and stakeholders, submitted detailed recommendations to the agency on ways the current rules could be updated and strengthened.
Although Consumer Voice is still analyzing the proposed regulations, we are pleased that an initial review indicates a number of provisions that would maintain and strengthen residents’ rights in certain areas; enhance individualized, person-centered care; and improve resident quality of life and care. Improvements include the elimination of distinct parts based on payment source, new rules concerning bed rail safety, language disallowing arbitration agreements to be used as a condition of admission into a facility, clarification on the role of resident representatives in resident decision-making, and more.
However, Consumer Voice along with other advocates are disappointed and concerned over CMS's failure to adequately address understaffing in nursing homes - the greatest issue affecting quality of care and the concern most often voiced by nursing home residents and their loved ones. Instead of implementing a minimum staffing standard and requiring at least one registered nurse around the clock, the agency is proposing to continue to allow facilities to determine their own staffing levels – an approach that, far too often and for far too long, results in residents not getting even the most basic care.
The pre-publication copy of the proposed regulations can be read here. We will provide a link to the proposed regulations when they appear in the Federal Register. The comment period for the proposed rules is 60 days. Consumer Voice will be preparing a comparison of the proposed and current regulations, a summary of the changes, and sample comments that advocates can edit if desired and submit.
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White House Conference on Aging was Yesterday
A year in planning and development, yesterday brought forth the final event of the once in a decade White House Conference on Aging. Although the Conference had the smallest budget in history, five regional forums, many “listening sessions” and creative use of a web site and electronics enabled thousands of people to connect to the process and provide input on key issues facing an aging America. The Conference focused on four priority issues: healthy aging, long-term services and supports, elder justice and retirement security. Each of these were represented by panels at the Conference plus one more on technology and the future of aging.
An event highlight occurred when President Barack Obama addressed the gathering in the East Room of the White House and touched upon his Administration’s commitment to the Conference’s major themes. Throughout the Conference, Administration participants announced new policy and program developments which are summarized on this fact sheet. If you were not able to attend or participate in one of the hundreds of “watch parties” scheduled by organizations across the U.S., you can view a highlight reel of the event at the WHCOA website.
Consumer Voice and the long-term care advocacy community were well-represented at the Conference as the community had been throughout the lead up to yesterday’s event. Pictured here are Consumer Voice Leadership Council chair Brian Capshaw and Melanie McNeil, Georgia Long-Term Care Ombudsman, as they were about to enter the White House grounds.
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Nominate Your Gems - Deadline Extended to July 24
Are you looking for a way to recognize a long-term care consumer, long-term care ombudsman, family caregiver, citizen advocate, or another individual for their advocacy on behalf of long-term care consumers?
Since this year marks our 40th anniversary and the traditional 40th anniversary gift is a ruby we encourage you to nominate the gems you know that are dedicated to “making quality care matter” and have made significant contributions to improving the lives of long-term care consumers.
Based on your nominations, the National Consumer Voice for Quality Long-Term Care (Consumer Voice) will recognize people who have demonstrated an exceptional commitment to improving the lives of long-term care consumers.
Visit our website for additional information about the awards and nomination process.
There are 3 easy steps to submit a nomination!
1. Review the award categories and criteria.
2. Complete the nomination form via SurveyMonkey.
3. Submit a letter of recommendation.
Individual and group members of the Consumer Voice may nominate people for an award. Awards will be presented at our 39th Annual Conference, November 4-7, 2015, in Arlington, Virginia.
Contact us if you have any questions.
Deadline Extended! Nominations are due by Friday, July 24
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Consumer Voice Signs Onto Letter Supporting the National Care Corps Act
Note: Consumer Voice regularly supports advocacy measures initiated by other organizations that advance long-term care consumer interests. Here is a summary of one measure we endorsed.
Consumer Voice recently signed onto a letter to Representative Lujan Grisham (D-NM) in support of H.R. 2668, the "National Care Corps Act." This timely bill proposes to establish within the Department of Health and Human Services a dedicated program that will establish a corps of volunteers 18 and older trained to assist older adults across the U.S. in a variety of ways, excluding medical and personal care. With the number of family caregivers on track to decline sharply in coming decades – and with the number of Americans over the age of 85 on track to quadruple by 2050 – the National Care Corps Act represents an important and innovative solution to the quality of long-term care challenges that lie ahead.
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Consumer Voice Signs Onto Letter Opposing Bill with Dangerous Class Action Requirements
Note: Consumer Voice regularly supports advocacy measures initiated by other organizations that advance long-term care consumer interests. Here is a summary of one measure we officially endorsed.
Consumer Voice recently signed onto a letter to House Speaker John Boehner and House Leader Nancy Pelosi urging them to oppose H.R. 1927, the "Fairness in Class Action Litigation Act of 2015." This bill contains language that, if made into law, would require all plaintiffs of a class action lawsuit to have “an injury of the same type and scope.” But class members are inherently diverse – individual damages are rarely equal in monetary or emotional value across all members of a class – and so every class member will rarely have an injury of the same “scope.” This is especially true when damages, such as those in the wake of the BP oil spill, are of such magnitude that it is difficult to quantify each individual class member’s “scope of injury.”
The letter urges opposition to H.R. 1927 or, at the very least, removal of the “scope of injury” language. Read the full letter here.
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Briefly Noted...
- Once a month, we post Throwback Thursday (#tbt) photos on Facebook to remember great moments in Consumer Voice history. Check out our most recent #tbt photos and like us on Facebook here.
Spotlight on Giving: 40th Anniversary Special Gifts Campaign
A critical focus of the Consumer Voice board of directors is ensuring that the organization is able to address effectively the long-term care challenges affecting people today and in the years ahead. A key focus is to fully fund Consumer Voice public policy and advocacy initiatives which are critical at a time like now when new rules are being written and when cost pressures further threaten the commitment to quality, person-centered care and the rights of long-term care consumers. The board has started the year with its own fundraising campaign seeking double the level of annual contributions from each member and now it is reaching out to all members of the Consumer Voice constituency to ask that each person consider making a special contribution to the organization this year. Contributions can be made online here, monthly, as a gift of stock, in recognition of an individual, organization, or in other ways. To discuss your gift and how you would like it recognized, please contact Richard Gelula at rgelula@theconsumervoice.org or (202) 332-2275 x209. And for more information about the 40th Anniversary Campaign, click here.
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Spotlight on Educational Resources
The Consumer Voice and the National Ombudsman Resource Center have a multitude of resources available online covering a wide range of long-term care topics. Visit the Consumer Voice website and the NORC website to explore all the available resources. Take a look at this week's highlighted resource:
Side-by-side of the Long-Term Care Ombudsman Program Final Rule with the Pertinent Preamble Language (July 10, 2015) - This document lists each section of the Final Rule alongside the pertinent response to comments from AoA found in the preamble.
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In this Issue
Proposed Revisions to the Federal Nursing Home Regulations Posted
White House Conference on Aging was Yesterday
Nominate Your Gems - Deadline Extended to July 24
Consumer Voice Signs Onto Letter Supporting the National Care Corps Act
Consumer Voice Signs Onto Letter Opposing Bill with Dangerous Class Action Requirements
Briefly Noted...
Spotlight on Giving: 40th Anniversary Special Gifts Campaign
Spotlight on Educational Resources
4.1 It CAN Be Done!
As part of our nursing home staffing campaign, Better Staffing: The Key to Better Care, Consumer Voice is advocating for a minimum of 4.1 hours of nursing care per resident per day. To show your support of this campaign, individuals can send us a photo with the slogan "4.1 - It CAN Be Done" by tweeting us pictures @ConsumerVoices, posting on our Facebook or emailing your photos to info@theconsumervoice.org. Get the word out and encourage consumers to participate by sending in their photos too!
Calendar of Events
Tuesday, July 28: Identifying, Preventing and Responding to Bullying in Long-Term Care Facilities, 3:00pm ET, Webinar from NORC
Thursday, August 27: How to Grow, Support, and Activate Your Network, Advocacy skills training webinar from the Consumer Voice
October: Residents' Rights Month, CARE Matters
November 4-7, 2015: Consumer Voice 39th Annual Conference, Crystal City, Virginia
Register Now for the Consumer Voice Annual Conference November 4-7, 2015
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Last Week's Most Popular Post:
Thursday, July 9:
#tbt Ephraim Miller and Eileen Bennett, Program Manager, Montgomery County Department of Health and Human Services, MD, at the 2005 White House Conference on Aging.
Last Week's Most Popular Tweet:
Monday, July 13:
#WHCOA 4 kinds of people: people who need/will need care, people who are/will be caregivers
Long-Term Care Resources & News
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