|
October 4, 2016
CMS Releases Revised Nursing Facility Regulations, Includes Prohibition of Pre-Dispute Arbitration Clauses
The Centers for Medicare & Medicaid Services has released a comprehensive revision of federal nursing facility regulations. The regulations and explanatory material are available here. The positives for nursing facility residents include expanded training requirements and a new provision that an initial care plan be developed and implemented within 48 hours. The negatives include a failure to improve nurse staffing standards, and weakening the regulations limiting antipsychotic drug use.
Read a summary prepared by Consumer Voice, along with Justice in Aging and Center for Medicare Advocacy.
One of the most notable requirements included in the revised regulations is the prohibition of pre-dispute arbitration clauses in nursing home contracts. This prohibition is a victory for consumers by preserving their right to seek justice in the court system in the event of abuse, neglect, or serious injury.
For years, long-term care facilities have sought to limit consumer access to the courts by forcing them, at the time of admission, to sign an agreement that they would waive their rights to sue the facility if an adverse event were to occur, and instead submit any disputes to arbitration. The facility generally selects the arbitrator, and the process is usually confidential and secretive.
Calling these agreements “unconscionable,” CMS recognized that these agreements are often made when the resident is “physically and possibly mentally impaired,” and, in some cases, limited in options due to “geographic and financial restrictions.” They recognized the significant difference in bargaining power between a long-term care facility and residents and family members. According to CMS, “...LTC residents should have a right to access the court system if a dispute with a facility arises, and that any agreement to arbitrate a claim should be knowing and voluntary.” For more information, read Consumer Voice's statement here.
Back to Top
CMS Announces New Survey Process
As a part of the new federal nursing home participation rule, CMS announced the debut of a new survey process. The new survey process will begin during the second phase of new requirements, effective in November 2017. The new survey system will be computer-based and will include best practices of both the Quality Indicator Survey and the traditional survey. For more information, read the article in McKnight's.
Back to Top
It's Residents' Rights Month!
This week marks the beginning of a month long celebration of residents' rights. Spend time this month honoring residents living in all long-term care facilities, including nursing homes, sub-acute units, assisted living, board and care and retirement communities. Residents' Rights Month is a time for celebration and recognition offering an opportunity for every facility to focus on and celebrate awareness of dignity, respect, and the value of each individual resident. The theme for Residents' Rights Month 2016 is "My Vote Matters" with the goal of highlighting residents' right to vote and participate in the political process.
This month we'll be featuring entries from our Resident's Voice Challenge. See an entry from Mr. Chuck Glidden, a resident at Barnes-Kasson Hospital Skilled Nursing Unit in Susquehanna, PA below and see all Resident's Voice entries here.
Do you have events planned or was their an article published in your local newspaper about Residents' Rights Month? We'd love to hear about it! Send RRM news and events to info@theconsumervoice.org.
Back to Top
NORC Receives Supplemental Grant from Administration for Community Living
We are excited to share that the National LTC Ombudsman Resource Center (NORC) received a supplemental grant from the Administration for Community Living (ACL) to work on two projects over the next year (October 1, 2016 - September 30, 2017).
The first project will support consumers and ombudsman programs in understanding residents' rights and facility responsibilities under the new Federal Nursing Home Requirements. This project will provide consumer education materials for residents and families and technical assistance, training, and resources for Ombudsman programs to enhance their understanding of what the new rule means for residents’ rights and ensuring quality of care and quality of life.
For the second project, NORC will coordinate and facilitate discussions with Ombudsmen, program representatives, and other stakeholders regarding training requirements for ombudsman programs in order to make recommendations for model standards to ACL. Results from the dialogue will be collected by NORC and compiled in a final report and recommendations for ACL.
Back to Top
Consumer Voice Executive Director On End-of-Life Care
Consumer Voice Executive Director Lori Smetanka was recently featured n Compassion and Choices' website. Lori answered three questions about how to improve end-of-life care. Read her responses here.
Back to Top
National Quality Forum Publishes Report on Measuring HCBS Services Quality Project
The National Quality Forum (NQF) has published its final report for its Measuring Home and Community-Based Services Quality project. NQF, under a contract with the Department of Health and Human Services, developed recommendations to address gaps in home and community-based services quality measurement by prioritizing the measurement opportunities. Read the report here.
Back to Top
Revised FAQs on 2016 Older Americans Act Reauthorization
Revised FAQs are available from the Administration for Community Living on the 2016 Older Americans Act Reauthorization. These FAQs were amended with additional details on September 28, 2016 and include information on the ombudsman program and conflicts of interest. Read the FAQs here.
Back to Top
Justice in Aging Webinar on Section 1557 Civil Rights Protections
Justice in Aging is holding a webinar on Tuesday, October 25th at 2:00pm ET entitled "Sec. 1557 Civil Rights Protections - What Aging Advocates Need to Know." The webinar will explore how the protections of Section 1557 affect the obligations of Medicare and Medicaid programs and providers serving older adults. It will look at which programs and entities are affected and discuss language and disability access obligations, the implications of sex discrimination protections on provision of services to LGBT beneficiaries and other important aspects of the protection. Enforcement options will also be covered. For more information about Section 1557, read the blog post from Justice in Aging. Register for the webinar here.
Back to Top
Spotlight on Educational Resources
The Consumer Voice and the National Ombudsman Resource Center (NORC) 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:
Residents' Rights - Residents’ Rights are guaranteed by the federal 1987 Nursing Home Reform Law. Learn more about this law and residents' rights on the Consumer Voice resource page.
Back to Top
|
In this Issue
CMS Releases Revised Nursing Facility Regulations, Includes Prohibition of Pre-Dispute Arbitration Clauses
CMS Announces New Survey Process
It's Residents' Rights Month!
NORC Receives Supplemental Grant from Administration for Community Living
Consumer Voice Executive Director on End-of-Life Care
National Quality Forum Releases Report on Measuring HCBS Quality Services Project
Revised FAQs on 2016 Older Americans Act Reauthorization
Justice in Aging Webinar on Section 1557 Civil Rights Protections
Spotlight on Educational Resources
Combined Federal Campaign
#10552
Thank you for your support!
Register for the "Piecing Together Long-Term Care" Webinar
Tuesday, October 11, 2:00pm – 3:00pm ET
Most of us will, at some point in our lives, need assistance with the tasks of everyday life. What are the options available? Where can you go for information and assistance? What types of things should be considered? This webinar will walk you through the different pieces you, or your client, need to consider to obtain quality long-term services and supports.
Presenter: Robyn Grant, MSW
Register Now!
Cost: $65. Consumer Voice members receive 10% discount. Email info@theconsumervoice.org for discount code.
Calendar of Events
October: My Vote Matters, Residents' Rights Month 2016
Tuesday, October 11: Piecing Together Quality Long-Term Care, 2:00pm ET, Webinar from Consumer Voice
Tuesday, October 25: Sec. 1557 Civil Rights Protections - What Aging Advocates Need to Know, 2:00pm ET, Webinar from Justice in Aging
November 2-5, 2016: Consumer Voice 40th Annual Conference, Arlington, VA
Join the conversation and follow us on social media!
Last Week's Most Popular Post:
Friday, September 30:
CMS prohibits pre-dispute arbitration agreements in newly released nursing home regulations!
Last Week's Most Popular Tweet:
Tuesday September 27:
Senate Finance Committee - Ron Wyden, D-OR introduced a bill to improve Medicare coverage for seniors & individuals with disabilities
Long-Term Care Resources & News
Read past issues of The Voice here.
Support the Consumer Voice While You Shop Online
.jpg)
|
