Enhanced Enforcement for Nursing Homes with Infection Control Violations Announced by CMS

Strategic Insights -

As the nation continues to battle coronavirus disease 2019 (COVID-19), the Centers for Medicare & Medicaid Services (CMS) has taken decisive action to ensure the safety and security of America's nursing homes under the leadership of President Trump. Enhanced enforcement measures have been unveiled to target nursing homes with violations of longstanding infection control practices. This move builds on previous actions taken by CMS to protect vulnerable populations and comes as a key step in the Trump Administration's Guidelines for Opening Up America Again. "The Trump Administration is taking consistent action to protect the vulnerable," said CMS Administrator Seema Verma. "While many nursing homes have performed well and demonstrated that it's entirely possible to keep nursing home patients safe, we are outlining new instructions for state survey agencies and enforcement actions for nursing homes that are not following federal safety requirements."

Key Takeaways:

  • CMS has increased enforcement measures for nursing homes with persistent infection control violations, including civil money penalties (CMPs).
  • Lower level infection control deficiencies will be addressed with increased gravity.
  • The CARES Act has provided $80 million in new resources for states to increase surveys.
  • States will be required to perform on-site surveys of nursing homes with previous COVID-19 outbreaks.
  • CMS will provide technical assistance through Quality Improvement Organizations (QIOs) to help nursing homes implement infection control best practices.
  • Since April 19, 2020, CMS has required nursing homes to inform residents, their families, and representatives of COVID-19 cases in their facilities.
  • The data does not include COVID-19 cases from assisted living facilities, which are not regulated at the federal level.

Statistics:

  • As of May 24, 2020, about 12,500 nursing homes (approximately 80% of the 15,400 Medicare and Medicaid nursing homes) had reported required data to the CDC.
  • These facilities reported over 60,000 confirmed COVID-19 cases and almost 26,000 deaths.
  • Approximately one in four facilities had at least one COVID-19 case, and approximately one in five facilities had at least one COVID-19 related death.
  • The CARES Act funding will be allocated based on performance-based metrics.
  • States that have not completed 100% of focused infection control surveys by July 31, 2020, will be required to submit a corrective action plan.

Sources:

  • Centers for Medicare & Medicaid Services. (2020). CMS Unveils Enhanced Enforcement for Nursing Homes with Violations of Infection Control Practices.
  • Administration for Community Living. (2020). Coronavirus Prevention & Response Information for Nursing Homes and Assisted Living Providers.
  • Medicare.gov. (2020). Nursing Home Compare: COVID-19 Data.