Newsletter

June 2008

 

 

1.  Please join us at our next statewide meeting on Saturday, July 12, 2008 from 10:30-2:30 at the Library of Michigan Lake Superior Room, 717 West Allegan, Lansing.  We love to welcome new members and see old friends.  We have a lot of exciting news to share and work to do this month!  If you plan to attend the July meeting, please RSVP to Alison Hirschel at hirschel@umich.edu or 517-324-5754 by July 10, 2007.  Join us!

 

2.  Michigan Represenatives unveil seven bills aimed at improving nursing home accountability and long term consumers’ access to information–After holding hearings around the state to consider how to improve nursing home transparency and accountability, Reps. Kathy Angerer, Robert Jones and other members of the House Health Policy and the House Senior Health, Retirement and Security Committees have introduced seven bills.  These bills include requirements that:

   

■        Facilities post a surety bond to ensure funds are available to care for residents and repay obligations to the state if the facility closes;

 

■      Facilities submit, as a condition of licensure, a statement of financial capacity by an independent financial expert to assure the facility has the resources to own and operate a facility;

 

■        Facilities provide consumers and the Department of Community Health information about who has control and authority over the facility and how to contact them and provide consumers with advance notice of a change in ownership;

■        Facilities maintain a minimum amount of liability insurance;

 

■        Facilities correct all violations before a change of ownership can take place; and

 

■        Creates penalties for nursing home staff who give false information to nursing home surveyors.

 

3. Last chance to support funding for MiChoice Home and Community Based Care.  Call or write today! –As we have reported, the Governor’s FY 2009 budget proposal included a very substantial increase in funding for the MiChoice Home and Community Based Waiver program.  That popular program allows people, who would otherwise have to go to a nursing home, to receive care and services at home.  Currently there are more than 3,000 people on the waiting list for the program across the state; funding increases could help these individuals receive services sooner.  While the Senate voted to eliminate almost all of the additional funding for the program, the House voted to support the Governor’s proposal.  The budget is now being finalized by a Conference Committee comprised of members of the House and Senate and we understand they intend to resolve these issues before they leave for the 4^th of July.  So...there is no time to waste.  Please contact the following members of the Conference Committee and the following Legislative Leaders to let them know how you feel about funding for MiChoice!

 

Members of the Community Health Conference Committee:

 

Senator Roger Kahn, M.D., Chairman     senrkahn@senate.michigan.gov

Senator John Pappageorge                   senjpappageorge@senate.michigan.gov

Senator Deb Cherry                            sendcherry@senate.mi.gov

Representative Gary McDowell            garymcdowell@house.mi.gov

Representative George Cushingberry    gcushingberry@house.mi.gov

Representative Bruce Caswell              brucecaswell@house.mi.gov

 

Legislative Leaders:

                                                         

Senate Majority Leader Mike Bishop      senmbishop@senate.michigan.gov

Senate Minority Leader Mark Schauer  senmschauer@senate.michigan.gov

House Speaker Andy Dillon                   andydillon@house.mi.gov

House Minority Leader Craig DeRoche   craigderoche@house.mi.gov

 

4.  Campaign Counsel Alison Hirschel testifies at a U.S. Senate hearing in support of the Fairness in Nursing Home Arbitration Act– Campaign counsel, Alison Hirschel, testified on June 18 at a joint hearing of the Senate Judiciary Committee and the Senate Aging Committee in Washington in support of the Fairness in Nursing Home Arbitration Act, S. 2838.  The bill would invalidate mandatory arbitration agreements that long term care facilities ask consumers to sign before any dispute arises.  These increasingly common provisions mean that consumers are forced to give up their right to go to court if they are abused or neglected in the facility.  Their only recourse if something goes wrong is to go to arbitration,  a process that frequently significantly favors the provider.  Alison pointed out that residents and families often sign these agreements at times of great stress and when they may not even understand what they are signing. She shared the case of Vunies B. High, the sister of legendary boxer Joe Louis, who was admitted to an assisted living facility after she began to suffer from dementia.  In February of this year, the staff failed to notice when she slipped outside wearing only her pajamas and tragically froze to death right outside her door.  When her family sought to sue the facility, they discovered they had unknowingly signed a mandatory arbitration clause that allowed the provider to require them to go to binding arbitration and gave the provider the right to  choose both the location and the rules for the arbitration.  Moreover, despite the fact that Ms. High’s family was required to give up their right to go to court, the assisted living facility expressly retained its right to go to court if it wanted to file a  lawsuit against Ms. High.  To see Alison’s testimony, go to http://www.nccnhr.org/uploads/File/AlisonHirschelTestimonyJune182008.pdf  

  5.  CMS finally issues rule requiring all nursing facilities to have sprinkler systems throughout the facility by 2013– Fire safety in nursing homes has long been a major advocacy issue for the Campaign.  Michigan has historically had the lowest percentage of facilities in the country -– only about 1 in 3-- that have sprinkler systems throughout the facility even though there is no dispute that sprinklers are the single most important factor in preventing loss of life in facility fires.  In 2005, 4 residents died in two separate fires in Michigan homes and dozens of residents were hospitalized and/or relocated as a result of the fires.  

          The federal Centers for Medicare & Medicaid Services has now announced it will require nursing homes without sprinkler systems to install them in "all areas, such as resident rooms; kitchen, dining, and activity areas; corridors; attics; canopies; overhangs; offices; waiting areas; closets; storage areas for trash and linen; and maintenance areas; etc.,"  by 2013.  This announcement comes five years after fires in Connecticut and Nashville claimed dozens of lives.  In the meantime, the  Government Accountability Office investigated the adequacy of fire safety surveys in nursing homes; CMS required smoke detectors in resident rooms and public areas; and CMS included  fire inspection information on the  Nursing Home Compare website at www.medicare.gov (click on “Compare nursing homes in your area”).

          Nursing facilities had complained that installing sprinkler systems would be too costly in older buildings.  CMS dragged its feet requiring sprinklers and at one time considered permitting facilities as long as 10 years to install the sprinkler systems.  While the Campaign is concerned that residents may continue to be at risk until 2013, we are grateful that our relentless advocacy on this issue has finally paid off.

 

6.  Federal agency also announces five star rating system for the nation’s nursing homes-- CMS officials announced on June 18 that they would develop five star rating system for nursing homes.  The system is “designed to provide patients and their families an easy to understand assessment of nursing home quality, making meaningful distinctions between high performing and low performing homes,” according to the CMS press release. The rating system will be available on the Nursing Home Compare website (www.medicare.gov) beginning in December of this year.   A sample screen shot of the proposed star ratings is available at www.cms.hhs.gov/PressContacts/10_PR_fivestar.asp.  The ratings will be based on information including the facility surveys (inspections), certain “quality measures” facilities are required to report including those concerning bedsores and the use of restraints, and staffing information.  The categories are likely to range from “Much Above Average” to “Much Below Average.”   Although it is certainly useful for consumers to have information that is easy to access and understand, there is some concern about the validity of the information that CMS will use to determine the facility’s ratings.  Currently, both the quality measures and the staffing data are based on self-reported information from facilities that is not audited. CMS will solicit ideas, comments and suggestions during June and July. (Comments can be sent to BetterCare@cms.hhs.gov.).

          At the same time, CMS announced it is considering adding other information to Nursing Home Compare including whether nursing homes specialize in caring for residents with dementia, on ventilators, or needing specialized rehabilitation services, as well as resident and family satisfaction. The release said CMS plans to make similar rating systems available in the future for hospitals, home health agencies, and end-state renal disease facilities.