Increased Scrutiny on Nursing Homes Amid COVID-19 Crisis

Strategic Insights -

Nursing homes have been at the forefront of the COVID-19 pandemic, with many facilities serving as hotspots for the virus due to the close living quarters and vulnerable population. In response to the crisis, federal and state governments have implemented measures to provide liability protections to nursing homes while also increasing oversight and enforcement. The Department of Justice, the Office of Inspector General, and the Centers for Medicare and Medicaid Services are just a few of the agencies taking action to investigate and scrutinize nursing homes.

Key Takeaways:

  • The Department of Justice has launched a National Nursing Home Initiative to coordinate and enhance civil and criminal efforts to pursue nursing homes that provide grossly substandard care to their residents.
  • The Office of Inspector General has updated its Work Plan to include "Medicaid Nursing Home Life Safety and Emergency Preparedness Reviews" as a priority, focusing on nursing home compliance with life safety and emergency preparedness protocols.
  • The Centers for Medicare and Medicaid Services has developed a "COVID-19 Focused Survey for Nursing Homes" to be used by federal and state inspectors when conducting targeted infection control surveys of long-term care facilities.
  • New York and New Jersey have extended liability protections to healthcare facilities responding to their respective state's healthcare crisis while increasing their investigatory and enforcement activities.
  • New York's Department of Health is partnering with the Office of Attorney General to investigate nursing home violations, including compliance with COVID-19 related laws, regulations, and guidance.
  • New Jersey's Attorney General's investigation of nursing home violations has been widened to include all long-term care facilities that have experienced a disproportionate number of deaths.

Statistics:

  • The COVID-19 Focused Survey for Nursing Homes suggests that inspectors focus their attention on resident care and placement, infection prevention and control standards, infection surveillance, visitor entry, and education, monitoring, and screening of staff.
  • New York's Department of Health plans to focus on separation and isolation policies, staffing policies, and the proper use and sufficiency of personal protective equipment during its investigation of nursing homes.
  • A $10,000 fine per violation or the potential loss of operating license is within the discretion of New York's Department of Health for facilities found to be out of compliance.

Sources:

  • [Sheppard Mullin, May 2020](www.sheppardmullin.com)
  • [Mondaq Ltd, 2020](http://www.mondaq.com)
  • [Centers for Medicare and Medicaid Services, March 20, 2020](https://www.cms.gov/nowryan/newsroom)
  • [Department of Justice, March 3, 2020](https://www.justice.gov/opa/pr/department-justice-announces-national-nursing-home-initiative)
  • [Office of Inspector General, March 3, 2020](https://oig.hhs.gov/index.asp)
  • [New York Department of Health, April 23, 2020](https://www.health.ny.gov/)
  • [New Jersey Attorney General's Office, April 16, 2020](https://www.njconsumeraffairs.gov/)

Please note that the article is intended to provide a general guide to the subject matter, and specialist advice should be sought about specific circumstances.