THIS IS A GOOD OPPORTUNITY TO CATCH MEMBERS WHO ARE RUNNING FOR RE-ELECTION (ALL HOUSE SEATS ARE UP FOR RE-ELECTION, AND ONE-THIRD OF THE SENATE SEATS ARE) AND ASK FOR THEIR SUPPORT.

LEGISLATIVE REPORT, AND CALL FOR ACTION:

1. S 2879 – NURSING HOME STAFF ACCOUNTABILITY ACT.

THIS IS A BILL TO REQUIRE NURSING HOMES TO FILE QUARTERLY REPORTS SHOWING THEIR NURSE STAFFING LEVELS.  IT WAS  INTRODUCED BY SENATORS GRASSLEY (R-IA), BREAUX (D-LA) AND  ROCKEFELLER (D-WV).

THE BILL WOULD ALSO REQUIRE  CMS (THE CENTER FOR MEDICARE/MEDICAID SERVICES) TO ADD A QUALITY MEASURE FOR NURSE STAFFING  TO “NURSING HOME COMPARE” UNDER CMS’S QUALITY INITIATIVE.

UNDER THE PRESENT LAW, EFFECTIVE 1/1/03 NURSING HOMES WILL BE REQUIRED TO BEGIN DAILY POSTING OF THE NUMBER OF LICENSED AND UNLICENSED NURSING STAFF ON DUTY ON EACH SHIFT WHO PROVIDE DIRECT CARE TO RESIDENTS. 

THIS PROPOSED BILL WOULD REQUIRE THEM TO SUBMIT THAT DATA TO CMS AT LEAST QUARTERLY BY 7/03.  THE STATE WOULD AUDIT THE DATA AS PART OF THE REGULAR INSPECTION PROCESS.  THIS  REQUIREMENT IS AN INTERIM MEASURE, AS THE BILL WOULD ALSO REQUIRE CMS TO REPORT BY 10/1/03 ON HOW IT PLANS TO IMPLEMENT RESEARCH  IT IS OTHERWISE CONDUCTING ON HOW TO COLLECT AND AUDIT STAFFING DATA FROM PAYROLL RECORDS AND TEMPORARY AGENCY CONTRACTS.

THE COLLECTED DATA WOULD BE REPORTED ON “NURSING HOME COMPARE”. 

THE BILL WOULD ALSO CREATE A QUALITY MEASURE FOR NURSE STAFFING BY OCTOBER 1, 2003 – SOMETHING CMS HAS RESISTED AS PART OF ITS NURSING HOME QUALITY INITIATIVE BECAUSE IT MAINTAINS THAT ACCURATE STAFFING DATA ARE NOT AVAILABLE TO SUPPORT IT.

THE BILL IS EXPECTED TO BE INCLUDED AS PART OF ANOTHER LEGISLATIVE PACKAGE WHICH IS EXPECTED TO MOVE FORWARD THIS YEAR, POSSIBLY A BILL TO EXTEND SUPPLEMENTAL MEDICARE PAYMENTS THAT ARE PRESENTLY SCHEDULED TO EXPIRE ON OCTOBER 1.

YOU CAN ACCESS THE BILL BY CLICKING ON http://thomas.loc.gov .
THEN TYPE  “S 2879” IN THE “BILL NUMBER” BOX.

COLLECTING THIS DATA SHOULD IMPROVE CONSUMERS’ ACCESS TO ACCURATE INFORMATION ABOUT HOW FACILITIES STAFF.  THE ONLY INFORMATION CURRENTLY AVAILABLE IS UNAUDITED AND SELF-REPORTED, AND CONSISTENTLY SHOWN TO BE INACCURATE.

IF YOU AGREE THAT THIS WOULD BE A GOOD BILL, PLEASE CONTACT YOUR SENATORS IMMEDIATELY, AND ASK THEM TO SUPPORT S 2879.

HOUSE ACTION IS NOT NEEDED IMMEDIATELY – WILL  LET YOU KNOW WHEN IT IS IMPENDING.

2. HR 4715.  NURSING HOME STAFFING IMPROVEMENT ACT.

THIS IS THE BILL THAT WAS INTRODUCED BY REPS.  WAXMAN (D-CA),  SCHAKOWSKY (D-IL), AND CARSON (D-OK).  IT NOW HAS 40 CO-SPONSORS (THANKS TO THE EFFORTS OF MANY OF YOU)  BUT HAS NOT YET  BEEN INTRODUCED IN THE SENATE.   I AM STILL WORKING ON SENATE SUPPORT TO FILE THE REQUISITE COMPANION BILL. 

THIS BILL  WOULD HAVE THE MOST FAR-REACHING EFFECT TO IMPROVE NURSING HOME CARE.  IT WOULD REQUIRE NURSING HOMES TO MEET THE MINIMUM RATIOS RECOMMENDED BY THE RECENT HHS STAFFING STUDY.  IT HAS NOW PROMOTED SUBSTANTIAL CONGRESSIONAL DEBATE ON STAFFING STANDARDS.

IF YOU AGREE THIS WOULD BE A GOOD BILL, PLEASE ACCESS THE BILL BY TYPING “HR 4715” INTO THE “BILL NUMBER” BOX AT http://thomas.loc.gov .   WHEN YOU GET TO THE BILL  CLICK ON “BILL STATUS” WHICH WILL LEAD YOU TO ITS HOUSE CO-SPONSORS.  IF YOUR REPRESENTATIVE IS NOT LISTED AS A CO-SPONSOR, PLEASE CONTACT HIM OR HER AND REQUEST IMMEDIATE SUPPORT.  A SIMILAR REQUEST TO YOUR SENATOR WOULD  HELP, AND CERTAINLY WOULD NOT HURT.