Eighteen attorneys general condemned federal actions Wednesday by the U.S. Department of Health and Human Services and its Centers for Medicare and Medicaid Services that would delay the enforcement of protections for Medicare and Medicaid recipients who receive care in nursing homes.
The actions roll back 2016 CMS regulatory reforms that provide protections against abuse, neglect, and exploitation of seniors. In a letter, the attorney's general objected to a June rulemaking period that will take a look at the requirements that nursing homes think are burdensome.
"It is our duty to be vigilant of the health and safety of our aging loved ones,” said California Attorney General Xavier Becerra. “America’s seniors who reside in skilled nursing facilities deserve quality care from trained and capable staff.”
The Trump Administration is now attempting to strip seniors of crucial protections, said Becerra, calling the action reckless.
In 2016, reforms were adopted to prevent the spread of infections in nursing homes; improve training for staff; provide protections against abuse, neglect, and exploitation of Medicare and Medicaid recipients; and ban arbitration agreements.
The second set of reforms in a three-phase process was scheduled to take effect on November 28, 2017. However, CMS delayed the implementation of some penalties by 18 months and lowered the frequency and amount of penalties for past violations.
Penalties are an essential tool to ensure nursing facilities comply with care standards and protect their residents, he said.
In their letter to HHS, the attorneys general warned that CMS’ recent actions to roll back protections, if allowed to go forward, would not only threaten the mental and physical security of seniors in nursing homes but also would potentially create additional challenges for state fraud units.
Joining Becerra in sending the letter are the attorneys general of Connecticut, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Minnesota, Mississippi, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.
