Category Archives for Congress

Senators Seek to Identify Subpar Nursing Homes

Published in the Woonsocket Call on July 14, 2019

Last month, U.S. Senators Bob Casey (D-PA) and Pat Toomey (R-PA) succeeded in prodding the Centers for Medicare and Medicaid Services (CMS) to publicly release the April listing of underperforming nursing homes across the nation that require closer regulatory scrutiny but are not receiving any. Before CMS released the listing of candidates to the Special Focus Facility (SFF) program, the federal agency, charged with overseeing the care and quality in nursing homes, had not publicly identified these troubled facilities.

Less than 6 percent (88 facilities) out of more than 15,700 nursing homes nationwide are participants of the SFF program. CMS publicly identifies these facilities to the public. But an additional 2.5 percent (or approximately 400 facilities) qualify as candidates for the program because of having a “persistent record of poor care” but are not selected because of limited resources at CMS, according to a 26-page report, “Families’ and Resident’s Right to Know: Uncovering poor care in America’s Nursing Homes,” released in June 2019 by Pennsylvania’s two U. S. senators.

Nursing homes that are part of the SFF program have 12 to 18 months to correct any deficiencies and have two clean CMS surveys. If a facility fails to meet that target, it is are subject to increased regulatory enforcement, including being dropped from the Medicare and Medicaid programs.

Calls for Transparency

On March 4, 2019, Casey and Toomey wrote to CMS requesting information on its oversight of nursing homes in the SFF program. In that letter, the Senators requested the federal agency to provide the names of the 400 SFF candidates, calling for details about programs operations, scope and overall effectiveness. On May 3, 2019, CMS provided a written response and two weeks later, on May 14, the Senators received the listing of SFF candidates for April 2019. The names of these SFF candidates were not made public until Cassy and Toomey forced the issue by releasing this information in their report on June 5.

In CMS administrator Seema Verna’s May 14 letter to the two senators, Rhode Island-based participants and candidates in the SFF program were identified. They are: Charlesgate Nursing Center (SFF Candidate); Hebert Nursing Home (SFF Candidate); Oak Hill & Rehabilitation Center (SFF); St. Elizabeth Manor East Bay (SFF Candidate); and Tockwotton on the Waterfront (SFF Candidate).

In responding to the senators, Verma said that regardless of whether a nursing home is part of the SFF program, “any facility that performs poorly on surveys and continues to jeopardize residents’ health and safety will be subject to CMS enforcement,” which includes civil money penalties, denial of payment for new admissions or termination from the Medicare and Medicaid programs. Verma also stressed that in addition to her agency’s regulatory oversight, its Nursing Home Compare website has been improved to include “new, more reliable sources for obtaining staffing and resident census data, as well as including more claims-based quality measures.”

“Regardless of participation in the SFF program, any facility that performs poorly on surveys and continues to jeopardize residents’ health and safety will be subject to CMS enforcement remedies, such as civil money penalties, denial of payment f-or new admissions, or termination,” adds Verma.

Casey and Toomey believe that the list of SFF candidates is information that must be publicly available to individuals and families seeking nursing care for their loved ones. For that reason, the Senators have released the April 2019 list of SFF candidates and are continuing to work with CMS to make future lists public.

Through the release of the SFF candidate list and the Senate report, which details preliminary findings from surveys and public information about these candidate facilities, the Senators aim to provide Americans and their families with the transparency and information needed to choose a nursing home that would provide quality care to a loved one.

CMS Inquiry Identifies Issues

Casey and Toomey’s CMS inquiry into the SFF program put the spotlight on several issues. It became apparent to the two senators that a nursing home’s participation in the SFF program was not easily understandable to the public or would-be residents and their families. It became clear that CMS’s Nursing Home Compare, the agency’s online website, was not consistently updated to reflect any changes in the SFF program. “For example, in March 2019, the small icon used to indicate that a facility is an SFF participant was not on the webpage of five of the 17 newly-added SFF participants,” noted the Senate report. Most important, CMS’ website did not identify SFF candidates.

According to the released Senate report, only CMS and the state regulatory agency in which the nursing home is located and the facility itself, had knowledge of who is an SFF candidate. While CMS requires every nursing home to notify residents and its community of its regulatory SFF participant designation, these requirements do not apply to SFF candidates.

Aside from CMS recently updating its Nursing Home Compare webpage to more clearly indicate which nursing homes are SFF participants, it lacks details about the SFF program. There is no information explaining the reason for a facility’s participation in the program, the length of time it has been in the program or whether it has fixed the care issue. Most important, CMS does not include information on facilities that routinely cycle in and out of the SFF program, says the Senate report.

“There are few decisions more serious or life-altering than that of choosing a nursing home. I am pleased that CMS has taken the work that I have done with Senator Toomey seriously and is heeding our call to release the list of nursing facilities that are nominated to the Special Focus Facility program,” said Casey. “Our bipartisan work will ensure that families have all the information at their fingertips when choosing a nursing home. Now we must work in a bipartisan fashion to ensure the SFF program is working properly and that CMS has the funding it needs to improve underperforming nursing homes nationwide,” he says.

Adds, Toomey, “Ensuring that families have all the information they need about a nursing home will improve the quality of care at facilities across the country.”

GAO Report, Congress, Urge Better Disaster Response to Seniors and Disabled

Published in the Woonsocket Call on June 23, 2019

Following a newly released 75-page report on the nation’s disaster response from the nonpartisan Government Accountability Office (GAO), and after an outbreak of destructive tornadoes in the Midwest and the start of the 2019 hurricane season, U.S. Senators Bob Casey (D-PA) and Susan Collins (R-ME), Ranking Member and Chairman of the Special Committee on Aging, throw a bill into the legislative hopper to assist seniors and disabled persons before, during and after natural disasters strike.

The Casey-Collins legislation, S. 1755, titled the “Real Emergency Access for Aging and Disability Inclusion (REAADI) for Disasters Act” would support the development of preparedness, response, recovery and mitigation plans that are inclusive of seniors and people with disabilities. The legislation would also ensure that these individuals would have a voice in creating emergency plans that directly affect them. Senators cosponsoring the bill include Doug Jones (D-AL), Richard Blumenthal (D-CT), Tammy Duckworth (D-IL), Kamala Harris (D-CA), Maggie Hassan (D-NH) and Kirsten Gillibrand (D-NY).

Another bill, S.1754, titled the “Disaster Relief Medicaid Act” (DRMA), sponsored by Cassey, would ensure Medicaid services are consistently available for individuals forced to relocate to another state due to disaster or emergency. It would protect those residing in an area covered under a presidential disaster declaration as a “Relief-Eligible Survivor,” and grant them the support needed to easily access or apply for Medicaid services in their host state. Senators Sherrod Brown (D-OH), Kamala Harris (D-CA), Richard Blumenthal (D-CT) and Kirsten Gillibrand (D-NY) are cosponsoring this bill.

Congressman Jim Langevin (D-RI) and Chris Smith (R-NJ) plan to introduce the House companion measure of REAADI Act. Congresswoman Donna Shalala (D-FL) will introduce DRMA in the House chamber.

Inadequate Disaster Planning Can Result in Death

“Inadequate planning for disasters can mean life or death, so it is critically important that every
community is prepared to meet the needs of all citizens—including older adults and people with disabilities—before, during and after a disaster strikes,” says Casey in a June 11 statement announcing the introduction of REAADI, calling for seniors and people with disabilities to be actively involved in developing emergency preparedness plans that will keep them safe.

In this statement, Collins adds, “As we have learned from natural disasters such as Hurricanes Irma and Harvey, some of our neighbors – especially seniors and individuals with disabilities – face many obstacles during a crisis. We must focus on the attention they may need. The bipartisan legislation improves training and coordination to help ensure that local, state, and federal officials are adequately equipped to care for the most vulnerable in their communities during a natural disaster.”

“As someone who lives with a disability, I take this issue to heart. The REAADI for Disasters Act will help eliminate barriers faced by people with disabilities and older adults during disasters by providing them a greater role in the policymaking process,” says Langevin, co-chair of the Bipartisan Disabilities Caucus, stressing the importance of passing the DRMA to continue Medicaid support services to America’s disabled and seniors.

GAO Report Gives Roadmap to Integrating Assistance During Natural Disasters

Released June 5, GAO’s Report, titled FEMA Action Needed to Better Support Individuals to Better Support Individuals Who Are Older or Have Disabilities, examines the Federal Emergency Management Agency’s (FEMA) disaster response to three sequential hurricanes – Harvey, Irma and Maria – that affected more than 28 million people in 2017. According to FEMA, seniors and persons with disabilities faced challenges in these natural disasters when evacuated to safe shelter, accessing medicine and obtaining recovery assistance. In June 2018, FEMA began implementing a new approach to assist individuals with disabilities.

GAO’s report addressed the challenges FEMA partners reported in providing assistance to seniors and the disabled and took a look at the challenges such individuals faced accessing assistance from the federal agency and the actions FEMA took to address these challenges. The federal study also examined the FAMA’s new strategy to assist persons with disability.

Here are GAO’s seven recommendations to FEMA:

The federal agency, charged with providing auditing, evaluation and investigated services to Congress, called on the FEMA Administrator to develop and publicize guidance for partners, during the data sharing process, who are requesting individual assistance data from seniors and persons with disabilities during natural disasters.

The GAO report also called on the FEMA Administrator to implement new registration-intake questions to improve FEMA’s ability to identify and address survivors’ disability-related needs, by directly soliciting survivors’ accommodation requests.

GAO also suggested that the FEMA Administrator improve communication of registrants’ disability-related information across FEMA programs, by developing an alert within survivor files that indicates an accommodation request.

As to the federal agency’s new strategy to specifically assist persons with disability, GAO urged the FEMA Administrator to establish and disseminate a set of objectives for the federal agency’s new disability integration approach.

The GAO report also recommended that the FEMA Administrator provide a written plan for implementing its new disability integration staffing approach to Regional Administrators and Regional Disability Integration Specialists. The plan would be consistent with the new objectives established for disability integration. It would also include an implementation timeline and details on staff responsibilities, which regions could use to evaluate staff performance.

Additionally, the GAO report recommends that the FEMA Administrator should develop a plan for delivering training to FEMA staff that promotes their competency in disability awareness. The plan should include milestones and performance measures, and outline how performance will be monitored.

Finally, the GAO report suggests that the FEMA Administrator develop a timeline for completing the development of new disability-related training that the federal agency can offer to its partners that incorporates the needs of individuals with disabilities into disaster preparedness, response and recovery operations.

For a copy of the GAO report, go to http://www.aging.senate.gov/imo/media/doc/GAO%2019-318%206-3-19.pdf.

Senators Collins, Casey, Pushing for Reauthorization of Older Americans Act

Published in Woonsocket Call on May 19, 2019

With the Older Americans Act (OAA) scheduled to expire on September 30, 2019, the U.S. Special Senate Committee on Aging puts the spotlight on the importance of this critical law to older American’s, calling for its reauthorization.

Enacted in 1965, the OAA helps more than 11 million seniors age in their communities by funding programs that support grandparents raising grandchildren, reduce social isolation, provide congregate or home-delivered meals and offer respite care among other services.
OAA was last reauthorized in 2016 for a period of three years.

Bipartisan Push in Senate to Reauthorize OAA

While the Senate Aging Committee does not have legislative jurisdiction over OAA, the panel traditionally has put attention on the OAA by holding hearings or special events at the start of any reauthorization process. And the Chair and Ranking Member of the Senate Aging Committee – Senators Susan Collins (R-Maine) and Robert Casey (D-Pa.)—have taken an especially keen interest in this year’s OAA reauthorization process. The Senators are leading a bipartisan coalition of Senators pushing for reauthorization, which includes Senate HELP Committee Chairman Lamar Alexander (R-Tenn.) and Ranking Member Patty Murray (D-Wa) as well as Senators Mike Enlzi (R-Wyo.) and Bernie Sanders (I-Vt.).

In Collin’s opening statement, she pledged to “get across the finish line, on time, a robust and bipartisan Older Americans Act that will strengthen support for its bread and butter programs, while providing more flexibility for states to meet local needs.”

At the Senate Aging hearing, Collins says she plans to focus on five priority areas in the reauthorization of OOA, specifically family caregivers, nutrition, social isolation, transportation and elder justice. “By enriching the lives of seniors, the Older Americans Act improves the lives of all Americans,” says the Maine Senator, kicking off the two hour and 26-minute hearing, aptly titled, “The Older Americans Act: Protecting and Supporting Seniors as they Age.”

“The Older Americans Act is a shining example of a federal policy that works. Every $1 invested into the Older Americans Act generates $3 to help seniors stay at home through low cost, community-based services,” says Collins.

“The Older Americans Act reminds us who we are as a country. It represents our commitment to the generations who made us who we are today. And, it lifts up the seniors who need our help the most, added Casey in his opening statement.

Before the May 18 hearing, Casey noted that he had reached out to 34 Area Agencies on Aging, representing 60 percent of the counties in his home state, for their feedback about OAA’s effectiveness in delivering services to older Pennsylvanians. He asked these two questions: “How is the OAA currently working?” and “How should this important law be strengthened?”

“In every city and every town, the aging network said that there is no match for the high-quality services that senior centers and Area Agencies on Aging provide to older Pennsylvanians. The OAA programs support Pennsylvanians and their caregivers by providing meals, respite and protection from fraud and abuse. And importantly, the OAA also helps seniors age in the location of their choice, which of course is most often their homes and communities.”

Senate Panel Witnesses Give Thumbs-up to OAA

Larry Gross, the chief executive officer of the Southern Maine Agency on Aging shared with the attending Senators his more than four decades of experience serving seniors in both urban and rural areas. He explained how OAA bolsters nutrition programs, supports family caregivers, reduces social isolation and addresses elder justice. He highlighted a partnership with Maine Medical Center showing that home-delivered meals reduce hospital readmissions, and discussed innovations that he has led to improve senior nutrition and build community.

Faith Lewis, a great-grandparent from Simpson, Pennsylvania, shared her personal experience raising her 5-year-old great-granddaughter and the importance of OAA program support that assist grand families like hers. She receives support through the National Family Caregiver Support Program and regularly attends a support group for grandparents raising grandchildren that is hosted by her local Area Agency on Aging.

Lance Robertson, the Administrator & Assistant Secretary for Aging at the administration for Community Living, gave an overview of OAA, including its history, sustainability, and variability across states and communities. He shared background and data on how OAA has helped millions of seniors to age in their local communities. He also discussed his agency’s mission to connect people to resources, protect rights and prevent abuse, expand employment opportunities, support family caregivers and strengthen aging networks.

Finally, Richard Prudom, the Secretary of Florida’s Department of Elder Affairs, Mr. Prudom talked about his work with his state’s 11 Area Agencies on Aging. He offered a state perspective on interfacing both with the administration for Community Living as well as with the Area Agencies on Aging to develop programs that meet the needs of communities. He focused on priorities in supporting family caregivers, advancing senior nutrition, combating elder abuse and addressing disaster preparedness.

AARP Talks About Impact of OAA Programs

Wendy Fox-Grage, Senior Strategic Policy adviser at the Washington, DC-based AARP, in a Feb 19 blog posting, says that despite “woeful inadequacy of current funding, OAA enables 11 million older Americans to live independently. Recent evaluations confirm the positive impact on the Act’s nutrition and family caregiver program, she says.

As to evaluating the impact of OAA’s nutrition programs, Grage says that forty-two percent of congregate meal participants and 61 percent of home delivered meal participants would skip meals or eat less in the absence of these programs. Congregate meal participants are also less likely to be admitted to nursing homes, and congregate meal participants who live alone are less likely to be admitted to hospital than nonparticipant, she says.

As to caregiving, Grage noted that family caregivers received four hours or more of respite care per week reported a decline in burden over time and those who received at least one education/training, counseling, or support group session experienced an increase in self-reported confidence over time.

AARP joins Senators Collins and Casey’s call on Congress to reauthorize the Older Americans Act before the end of September. OAA’s 11 million beneficiaries, 700,000 caregivers, and providers in the nation’s aging network — consisting of the federal Administration on Aging, State Units on Aging, local Area Agencies on Aging, and local service providers – also wait for Congress to make its move and reauthorize the Act.