Schakowsky Leads Group of 32 Members of Congress Urging Federal Nursing Home Regulators to Strengthen Proposed Rules

Letter to CMS Calls for Fixes to Ensure Safety of Seniors and Accountability for Neglect

Washington, DC – Proposed updates to federal nursing home standards must be strengthened before they are finalized in order to ensure seniors are safe, a group of 32 Representatives said today in a letter (attached) to Andrew Slavitt, acting administrator of the Centers for Medicare and Medicaid Services (CMS).

“The stories of abuse and neglect in nursing home are heartbreaking. With regulators updating the standards for the first time in decades, they must put stronger safeguards in place,” said Congresswoman Jan Schakowsky. “CMS’s proposed rule makes several positive reforms, but we believe there are serious issues left unaddressed. The agency should strengthen its rule to protect seniors and ensure nursing homes are accountable for the quality of care they provide.”

Last year, CMS proposed updated standards for nursing homes that receive Medicare and Medicaid funding, the first major update of the rules in 25 years. The agency has indicated that it intends to finalize the rule in September.

“While the rule includes many positive provisions, we wish to highlight critical issues that must be resolved in the final rule to truly ensure the care and safety of this vulnerable population,” the letter says.

The letter calls on CMS to include in its final rule provisions that:

· Require nursing homes to have a registered nurse on staff 24 hours a day, 7 days a week, and mandated staff-resident ratios for direct care nurses;

· Prohibit the use of pre-dispute arbitration clauses, in which residents sign away their legal rights at the time of admission and before a dispute has even arisen;

· Meaningfully address the pervasive misuse of antipsychotics and other types of psychotropic drugs, including requiring informed consent; and

· Allow residents who have been denied readmission to a facility to appeal.

The letter was signed by Representatives Jan Schakowsky (IL-9), John Conyers, Jr. (MI-13), Earl Blumenauer (OR-3), Jerrold Nadler, (NY-10), Paul Tonko (NY-20), Jim McDermott (WA-7), Eleanor Holmes Norton (DC), Diana DeGette (CO-1), Donald Payne, Jr. (NJ-10), Ann Kirkpatrick (AZ-1), Henry C. “Hank” Johnson (GA-4), Pete Visclosky (IN-1), Dave Loebsack (IA-2), José E. Serrano (NY-15), Mark Pocan (WI-2), Barbara Lee (CA-13), William R. Keating (MA-9), Matt Cartwright (PA-17), Judy Chu (CA-27), Sheila Jackson Lee (TX-18), Chis Van Hollen (MD-8), Michael E. Capuano (MA-7), Suzanne Bonamici (OR-1), Eliot Engel (NY-16), Steve Cohen (TN-9), André Carson (IN-7), John Lewis (GA-5), Theodore E. Deutch (FL-21), Gerald E. Connolly (VA-11), Grace F. Napolitano (CA-32), Ruben Gallego (AZ-7), and Keith Ellison (MN-5).