Trump administration ups COVID-19 enforcement against nursing homes

CMS is increasing enforcement, including civil penalties, against nursing homes with persistent infection control violations for COVID-19. The actions come after the agency and the Trump administration have begun conducting infection control inspections on nursing homes as the country begins to reopen during the COVID-10 pandemic.

According to CMS, the new measures are data driven and based on new trends of incidence of COVID-19 in nursing homes, as well as based on CMS’ targeted infection control inspections. CMS began requiring nursing homes to inform residents, families and representatives of COID-19 cases in their facilities since April 19, and facilities are required to report cases and deaths directly to the CDC as of May 1.

As of May 24, about 80% of the 15,400 Medicare and Medicaid nursing home had reported the required data to the CDC, according to CMS, including 60,000 COVID-19 cases and nearly 26,000 deaths. Of the reporting facilities, about 1 in 4 reported at least one COVID-19 case, with 1 in 5 reporting at least one COVID-19 related death. The data will be posted on Nursing Home Compare on June 4, 2020.

“While many nursing homes have performed well and demonstrated that it’s entirely possible to keep nursing homes patients safe, we are outlining new instructions for state survey agencies and enforcement actions for nursing homes that are not following federal safety requirements,” CMS Administrator Seema Verma said in a statement.

CMS was awarded funding in the CARES Act, including $80 million in new resources for states to increase nursing home surveys, to conduct necessary survey and certification work related to COVID-19. Funding will be allocated to states by CMS based on performance-based metrics.

States are required to submit a corrective action plan to complete surveys within 30 days if they have not completed 100% of focused infection control surveys of their nursing home by July 31, 2020. If states have not completely the surveys in 100% of nursing homes after the 30-day period, their 2020 CARES Act funding may be reduced 10%, followed by subsequent 5% reductions if more 30-day extensions are required. Those reduce funds will go to states that have completely their surveys by July 31.

Amy Baxter

Amy joined TriMed Media as a Senior Writer for HealthExec after covering home care for three years. When not writing about all things healthcare, she fulfills her lifelong dream of becoming a pirate by sailing in regattas and enjoying rum. Fun fact: she sailed 333 miles across Lake Michigan in the Chicago Yacht Club "Race to Mackinac."

Trimed Popup
Trimed Popup