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June 18, 2019
OIG Investigation Reveals Failure to Report Abuse: Consumer Voice Calls for Comprehensive CMS Action
A new report from the US Department of Health and Human Services Office of Inspector General (OIG) shows a disturbingly high level of potential abuse and neglect in skilled nursing facilities, and failures at every level of the system designed to protect vulnerable nursing home residents. The report, Incidents of Potential Abuse and Neglect at Skilled Nursing Facilities Were Not Always Reported and Investigated, found that 1in 5 high-risk hospital emergency room Medicare claims for treatment in 2016 were the result of potential abuse or neglect of residents in a skilled nursing facility. Equally disturbing, nursing homes failed to report the majority - 84% -of these claims to state survey agencies as required by federal law and regulation, and state survey agencies failed to report 67 of 69 claims - 97%- to local law enforcement as required. In turn, the Centers for Medicare and Medicaid Services (CMS) did not track these incidents.
Consumer Voice calls on CMS to use its authority to hold nursing homes, the state survey agencies, and itself accountable for doing the job the public entrusts - and pays them - to carry out. There is much more that CMS can and should do to address not just reporting, but also detecting, investigating and preventing abuse and neglect. Protective measures include:
- Ensuring that people with certain criminal convictions are not hired to work in nursing homes
- Requiring surveyors themselves to report potential abuse/neglect to law enforcement when conducting a survey
- Mandating adequate staffing levels so front-line staff are not stretched so thin that it becomes impossible to provide quality care
For more details about Consumer Voice's response to the report, click here.
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New Resources and Materials Available in the Consumer Voice Store
New materials are available in the Consumer Voice Store:
Remember, Consumer Voice members receive 10% off store purchases. (Email info@theconsumervoice.org for the discount code.) Join or renew your membership here.
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World Elder Abuse Awareness Day Observed June 15
On June 11, 2019, the fifth World Elder Abuse Awareness Day (WEAAD) global summit took place in Washington, D.C., celebrating the 15 year anniversary of WEAAD. The theme of this year’s summit was Lifting Up Voices, with the goal of lifting up the voices of survivors, empowering and protecting elders from abuse and financial exploitation. Leaders in aging and elder abuse prevention techniques came together from around the country to share what they are doing to prevent elder abuse. The summit focused on topics including:
- Technology’s Role in Protecting Against Abuse Later in Life
- The Role of Media in Elder Financial Exploitation
- The FINRA Rule: One Year Later
- Suspicious Activity Reports on Elder Financial Exploitation
- Newly Expanded Records Request Form
For more information on World Elder Abuse Awareness Day, click here.
Consumer Voice and the National Long-Term Care Ombudsman Resource Center (NORC) have many available resources on elder abuse. Visit the Consumer Voice and NORC websites for materials on abuse, neglect, exploitation and misappropriation of property.
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New Staff Training Video on Intimacy and Aging
The National Council of Certified Dementia Practioners has released a new staff training video - Intimacy and Aging: Issues and Answers for Long Term Care and Home Care. The topic of sexuality and intimacy is rarely discussed, and very little training is provided on the topic. The video presentation is designed to educate families, front-line staff, health care professionals, state agency staff, association staff, care givers, management company staff and educators who work in all aspects of health care where elder care is provided or supported. This educational resource attempts to dispel myths about intimacy and aging as well as addresses concerns that staff may have related to sexual expression as it relates to health problems, LGBT concerns, and dementia. For more information about the video and to order, click here.
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Materials Available from NORC's Trauma-Informed Care Webinar
Materials are available from NORC's recent webinar - Trauma-Informed Care: Nursing Home Responsibilities and Ombudsman Program Advocacy. Ensuring that residents who are trauma survivors receive culturally competent, trauma-informed care is one of several new federal requirements which will go into effect when Phase 3 of the revised federal nursing home regulations are implemented November 28, 2019. Attendees learned about trauma-informed care, the new federal requirement, how trauma-informed care relates to resident-centered care, and what this means for Ombudsman program advocacy and communication. Presenters included Nancy Kusmaul, Assistant Professor at the University of Maryland Baltimore County, and Patricia Hunter, Washington State LTC Ombudsman. Access materials on NORC's website.
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Social Security Error Puts 250,000 Medicare Beneficiaries' Coverage At Risk
Because of a "processing error" from the Social Security Administration (SSA), at least 250,000 Medicare beneficiaries may receive bills for premiums they already thought they had paid. In January, the SSA mistakenly neglected to deduct premiums from some seniors' Social Security checks and didn't pay the insurance plans. The error applies to private drug policies and Medicare Advantage plans that provide both medical and drug coverage and substitute for traditional government-run Medicare. The error will mean that some Medicare beneficiaries will receive bills for as many as five months of premiums, or they could get cancellation notices. For more information about the error, read the article in Kaiser Health News and the FAQs on the SSA's website.
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Spotlight on Resources
 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 and NORC websites to explore all the available resources. Check out this week's highlighted resource:
Resident-to-Resident Mistreatment Fact Sheet (Large Font)
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In this Issue
OIG Investigation Reveals Failure to Report Abuse: Consumer Voice Calls for Comprehensive CMS Action
New Resources and Materials Available in the Consumer Voice Store
World Elder Abuse Awareness Day Observed June 15
New Staff Training Video on Intimacy and Aging
Materials Available from NORC's Trauma-Informed Care Webinar
Social Security Error Puts 250,000 Medicare Beneficiaries' Coverage At Risk
Spotlight on Resources
Calendar of Events
Wednesday, June 19: Using Technology to Recruit, Train, and Keep Volunteers in the Loop, 3:00pm ET, NORC webinar
Wednesday, June 19: When the Guardian is an Abuser, 2:00pm ET, Webinar from National Center on Law & Elder Rights
Thursday, June 27: Palliative Care in the Continuum of Care, 2:30pm ET, Webinar from Quality Insights Quality Innovation Network
October: Residents' Rights Month
November 3-6, 2019: Consumer Voice Annual Conference, Crystal Gateway Marriott, Arlington, Virginia
Join the conversation and follow us on social media!
Last Week's Most Popular Post:
Friday, June 14:
Ohio State Long-Term Care Ombudsman Beverley Laubert was quoted in an article from ABC6 in Ohio about the recent list of under-performing nursing homes released to the public for the first time by the Centers for Medicare and Medicaid Services.
Last Week's Most Popular Tweet:
Wednesday, June 12:
The Revision of Requirements for Long-Term Care Facilities: Arbitration Agreements has left OMB and could be released at any time.
Long-Term Care Resources & News
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