Federal Rollback of Nursing Home Neglect Regulations Opposed By 17 State Attorneys General

Leading legal officials from 16 states and the District of Columbia indicate that federal regulators are abdicating their role in preventing nursing home neglect and abuse, through a series of recent actions that freeze rules and rollback regulations designed to protect individuals living in long-term care facilities nationwide. 

A group of 17 state Attorneys General wrote a letter (PDF) to The U.S. Department of Health and Human Services, and the Centers for Medicare and Medicaid Services (CMS) on May 30, complaining about their recent efforts to weaken nursing home regulations.

The letter came from attorneys general from California, Connecticut, Hawai’i, Illinois, Iowa, Maryland, Massachusetts, Minnesota, Mississippi, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia.

The move follows a CMS memorandum issued in November, which told state survey agency directors that it was placing a temporary moratorium on enforcement procedures enacted by the Obama administration.

The memorandum indicated that the moratorium will last for at least 18 months, and will be used to educate facilities about the new standards. However, a number of prominent patient advocacy and watchdog groups, including the Center for Medicare Advocacy, say that the move is part of an effort to roll back Obama-era rules that would have made nursing home residents safer and protected them from abuse, understaffing and other problems.

CMS has already rolled back plans to charge nursing homes for violations per instance, as opposed to the current system which charges them with fines on a per-day basis.

The letter from the Attorneys General expresses their concerns about the direction nursing home regulations are headed. And particularly expresses support for civil money penalties used to punish nursing homes that put residents’ lives at risk.

Rolling back or failing to enforce those fees would affect state programs that recover taxpayer money and protect the state health insurance systems, the officials warn.

“It is our duty to be vigilant of the health and safety of our aging loved ones. America’s seniors who reside in skilled nursing facilities deserve quality care from trained and capable staff,” Attorney General Xavier Becerra, of California, said in a press release. “California has made great strides in holding accountable those who take advantage of vulnerable communities. The Trump Administration is now attempting to strip our seniors of crucial protections that shield them from nursing home abuse, neglect, and exploitation. This is reckless.”

The letter notes that the rollbacks come as the baby boomer population ages and the nursing home population is increasing.

The letter also notes that on May 4, the CMS published a notice in the Federal Register that requested feedback on even more rollbacks, which it refers to as “burden reduction” in nursing home requirements.