Bill > A2606

Introduced Session

This bill revises the requirements to take action against low-performing nursing homes. Specifically, the bill requires the Department of Health (DOH) to develop standards in three categories encompassing the physical well-being of residents, the mental well-being of residents, and the nursing home's operational metrics. The DHS and DOH will annually review standards to determine their efficacy in evaluating health, safety, and operations in nursing homes, as well as the effectiveness of sanctions, corrective action plans, and other measures used to respond to a low-performing nursing home. In the event a nursing home receives a one-star rating from the federal Centers for Medicare and Medicaid Services (CMS) or fails to meet at least two of the DOH's standards in each of the three categories, the Division of Medical Assistance and Health Services in the Department of Human Services (DHS) will be required to take a series of scaling actions against the nursing home, with the penalties and sanctions increasing in each additional quarter in which the nursing home has a one-star CMS rating or fails to meet the DOH standards. When evaluating whether to impose sanctions against a nursing home, the division will be required to consult with the DOH and review the information concerning the nursing home that is available on the DOH's nursing home data dashboard. In the event the division does not take action against a nursing home, the division will be required to document the reason why action was not taken. Under the bill, the division is to require a nursing home that receives a one-star CMS rating or fails to meet the DOH standards in any three of the preceding four quarters to submit an improvement plan. A nursing home that fails to comply with the requirements concerning the submission and implementation of an improvement plan will be ineligible to receive reimbursement under the Medicaid program. The bill specifies that nothing in its provisions is to be construed to diminish the authority of the DHS, DOH, or any other department or agency overseeing nursing homes, and that actions taken against a nursing home under the bill will be in addition to any other penalties that may be imposed against the nursing home for health or safety violations. The DOH and DHS will be required to prepare and submit a joint annual report to the Governor and the Legislature outlining the implementation of the bill and an evaluation of the effectiveness of the provisions of the bill in fostering improvements in the health, safety, and quality of care provided in nursing homes.

Committee Categories

Robert Karabinchak (D)*,  Gary Schaer (D)*, 

Introduced, Referred to Assembly Aging and Human Services Committee (on 01/09/2024)

Official Document