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January 3, 2017

Second Summary of Key Changes in Revised Federal Nursing Home Regulations Now Available

Consumer Voice is pleased to provide you with this new resource, Summary of Key Changes in the Rule - Part II.
This summary presents an overview of key changes in the revised federal nursing home regulations for the sections on Resident Assessment (§483.20) – Training Requirements (§483.95).  It is designed to highlight what is different between the prior rule and the final rule and includes only those parts of the rule that went into effect in Phase 1 on November 28, 2016.

Part II, combined with Part I, cover all sections of the regulations.

For more information about the nursing home requirements and to access Summary of Key Changes - Part I, click here.

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MD Attorney General Files Suit Against Nursing Home Operator For "Dumping" Residents to Increase Profits

The Maryland Attorney General's Office has filed suit against nursing home operator Neiswanger Management Services (NMS) for unsafe and unlawful "dumping" of residents to homeless shelters and unlicensed facilities, and also for submission of false claims to Medicaid. These are serious allegations of harm to vulnerable individuals, and of putting profits before people.  The lawsuit from the attorney general asserts that NMS discharges patients without consent once their Medicare coverage runs out so they can fill their beds with new Medicare patients, who yield more than $500/day in reimbursements, compared to about half that for Medicaid patients.  It also alleges that NMS does not perform the state required planning for placing patients in a "safe and secure environment."  The complaint says that NMS discharges and leaves residents at facilities that do not have the capacity to provide care for individuals with complex medical needs and are far away from the residents' home communities.  Read more in the Washington Post article and in the press release from the Maryland Attorney General.

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Webinar on Study of Sexual Abuse of Vulnerable Adults in Institutions

Save the date for Tuesday, February 7th at 2:00pm ET for a webinar entitled "The Sexual Abuse of Vulnerable Adults in Institutions: Key Findings and Implications for Practice".  The webinar will provide an overview of the National Institute on Aging-funded study “The Sexual Abuse of Vulnerable Adults in Institutions” (SAVAI), its key findings with regard to case factors that predicted substantiation of the sexual abuse allegation, and implications for practice.  The SAVAI study collected data on over 400 new allegations of sexual abuse that were investigated by Adult Protective Services and/or regulatory agencies in Oregon, New Hampshire, Tennessee, Texas, and Wisconsin during a six-month period.  Register for the webinar here.

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CMS Resources on Use of CMP Funds

The Centers for Medicare & Medicaid Services has established a webpage to house general information on the reinvestment of State Civil Monetary Penalty (CMP) funds.  This web page serves as a location to house pertinent information for entities interested in applying for State CMP funds, States and Regional Offices, and other stakeholders. This web page contains a frequently asked questions document, an example application for the use of CMP funds, examples of CMP funded projects, and CMP contacts by State. For more information, read the memo from CMS.  CMS also created a "Summary of State Use of CMP Funds - 2012-2016" for Region IV.  The document provides year-by-year information of how CMP funds were used and in which state.

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Information from CMS about the Special Focus Facility Initiative

CMS has provided information regarding the Special Focus Facility (SFF) Initiative. The SFF Initative addresses nursing homes that have more problems than other nursing homes, more serious problems than other nursing homes, or have a pattern of serious problems that have persisted over time.  These facilities have a "yo-yo" compliance history, rarely addressing the underlying systemic problems that are causing the cycles of serious deficiencies.  CMS requires that SFF nursing homes be visited by survey teams twice as frequently as other nursing homes.  If problems persist, more stringent enforcement actions are taken such as civil monetary penalties or termination from Medicare and Medicaid.  CMS has provided a document with more detail about the SFF Intiative including how it works and how you can use the information.  

Consumers and others can easily find out if a home is an SFF by looking on the nursing home compare website. Homes designated as SFF will have a yellow caution sign with an "!" next to their name.

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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:

Successful Transitions: Reducing the Negative Impact of Nursing Home Closures - This report, released in November 2016 by Consumer Voice, found that major obstacles to a successful transition include lack of appropriate and nearby placements or providers who do not want to take a specific resident; poor discharge planning; and lack of communication and time to find new placements for residents.

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In this Issue

Second Summary of Key Changes in Revised Federal Nursing Home Regulations Now Available

MD Attorney General Files Suit Against Nursing Home Operator for "Dumping" Residents to Increase Profits

Webinar on Study of Sexual Abuse of Vulnerable Adults in Institutions

CMS Resources on Use of CMP Funds

Information from CMS about the Special Focus Facilities Initiative

Spotlight on Educational Resources

Combined Federal Campaign


Thank you for your support!

Action Alert

Congressional Leaders have promised, as a first order of business in January, to repeal the Affordable Care Act (ACA).   This could harm nursing home residents and other long-term care consumers, their families, the workers who care for them and many others. Tell your Senators and Representative NO!

Ask your Senators and Representative to oppose repealing the ACA without replacing it by clicking here.

Calendar of Events

Wednesday, January 11: Strategies & Promising Practices for Addressing Dementia Care and Wandering Behaviors in HCBS Settings, 1:00pm ET, Webinar from Justice in Aging

Wednesday, January 11: Medicaid 101 for State and Local Ombudsman, 3:00pm ET, Webinar from the National Association of States United for Aging and Disabilities (NASUAD)

Tuesday, February 7: The Sexual Abuse of Vulnerable Adults in Institutions: Key Findings and Implications for Practice, 2:00pm ET

November 8-11, 2017: Consumer Voice 41st Annual Conference, Arlington, VA

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Wednesday, December 28:
Residents at Rockville Nursing Home were excited to receive their certificates for participating in the 2016 Resident's Voice Challenge

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Wednesday, December 28
Residents like Sally Richardson were excited to get 2016 Resident's Voice Challenge certificates.

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The Voice is a weekly e-newsletter, published by the National Consumer Voice for Quality Long-Term Care. If you do not wish to continue receiving this publication, please unsubscribe below. Your contributions and comments are welcome and should be sent to info@theconsumervoice.org. Copyright © 2017.

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Consumer Voice is the leading national voice representing consumers in issues related to long-term care, helping to ensure that consumers are empowered to advocate for themselves. We are a primary source of information and tools for consumers, families, caregivers, advocates and ombudsmen to help ensure quality care for the individual. Consumer Voice's mission is to represent consumers at the national level for quality long-term care, services and supports.

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