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Nursing home enforcement under scrutiny amid rising citations

August 26, 2024 | Robert G. (Bob) Bethell Joint Committee on Home and Community Based Services and KanCare Oversight, Joint, Committees, Legislative, Kansas


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Nursing home enforcement under scrutiny amid rising citations
During a recent government meeting, discussions centered on the qualifications and enforcement measures for nursing home administrators and facilities. Currently, only six states in the U.S. require a bachelor's degree for nursing home administrators, while eleven states, including neighboring states, require only an associate's degree. This has raised concerns among legislators about the potential impact on staffing and vacancies in nursing home administration. However, officials reported no current vacancies, as regulations mandate that each facility must have a licensed administrator at all times.

The meeting also delved into nursing facility enforcement actions, highlighting the various remedies available under state and federal statutes. Enforcement measures include correction orders, civil monetary penalties, and potential bans on admissions. The Centers for Medicare and Medicaid Services (CMS) oversees federal enforcement, which can impose severe penalties, including termination of facility licenses in cases of immediate jeopardy to resident health or safety.

A significant point of contention arose regarding the increased use of immediate jeopardy citations, which some nursing home operators feel have become more frequent and stringent. Officials clarified that the state operates under federal guidelines and that their citation practices have been closely monitored, achieving a perfect score in compliance evaluations. The discussion emphasized the importance of maintaining safety standards while also addressing concerns from nursing home operators about the potential for excessive penalties leading to financial strain.

The meeting concluded with a focus on the need for transparency and communication between regulators and nursing home operators, as well as the ongoing challenges of staffing shortages among inspectors, which can impact the frequency and thoroughness of facility inspections.

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Scribe from Workplace AI
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