Sec. 8. Upgrading nursing home compare and the Five-Star rating system
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/bill/116/s/4182/is/section-8A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Sections 1819 and 1919 of the Social Security Act ( 42 U.S.C. 1395i–3 , 1396r) are each amended— by redesignating subsection
(j)as subsection (k); and by inserting after subsection
(i)the following new subsection: The Secretary shall conduct a comprehensive review of the system maintained by the Secretary to measure and publicly report the quality of skilled nursing facilities and nursing facilities (commonly referred to as the Five-Star Quality Rating System ). The Secretary shall conduct such review not later than 1 year after the end of the COVID–19 public health emergency period and shall implement modifications to the Five-Star Quality Rating System (or its successor system) not later than 180 days after the release of the report that is required under paragraph (4). The review of the system under this subsection shall include an evaluation of the relative weight accorded to each of the following: The adequacy of the facility’s procedures for preventing and reporting infection. The adequacy of the facility’s procedures for preventing and reporting incidents of abuse, neglect, mistreatment, or exploitation of residents of the facility. Deficiencies identified in the facility’s most recent standard survey and the extent to which the facility corrected such deficiencies since the date of the most recent survey. The number, type, severity, and outcome of substantiated complaints. The number of adjudicated instances of criminal violations by a facility or the employees of a facility. The number of civil monetary penalties levied against the facility, employees, contractors, and other agents of the facility. Selected quality measures (such as the percentages of long-stay residents who experience pressure ulcers, are physically restrained, experience falls with major injury, or received antipsychotic medication). Whether a facility is connected to an assisted living facility and whether such facilities should be rated separately from facilities that are standalone skilled nursing facilities or nursing facilities. Other items determined appropriate by the Secretary. Not later than 180 days after the completion of the review under paragraph (1), the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a final report that includes such findings and recommendations as the Secretary considers appropriate based on the review, including recommended actions to be taken to implement the specific recommendations in such report. In conducting such review and implementing modifications of the system, the Secretary shall consult with each of the following: State long-term care ombudsman programs. Adult protective services agencies. Consumer advocacy and other nonprofit organizations whose mission is to promote the health, safety, and well being of older Americans. Provider stakeholder groups. Statewide provider agencies and advocacy groups with relevant expertise. Any other representatives of programs or groups the Secretary determines appropriate. In this subsection, the term COVID–19 public health emergency period means the period beginning on the first day of the emergency period defined in paragraph (1)(B) of section 1135(g) and ending on the last day of the calendar quarter in which the last day of such emergency period occurs. . The Secretary shall publicly report data, at least quarterly, regarding each State’s enforcement actions with respect to deficiencies or statutory violations that have been reported to the Centers for Medicare & Medicaid Services, corrective actions, if any, that were recommended to resolve such deficiencies or statutory violations, and the status of implementation of each such recommended corrective action by the participating provider involved. The Secretary shall transfer to the Centers for Medicare & Medicaid Services Program Management Account, from the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act ( 42 U.S.C. 1395i ) a one-time allocation of $20,000,000, to be used to carry out sections 1819(j) and 1919(j) of the Social Security Act ( 42 U.S.C. 1395i–3 , 1396r) (as added by subsection
(a)and subsection (b)). The amount shall be available on the date of the enactment of this Act and shall remain available until expended.
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- 42 USC 1395i–3
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