Lawmakers Seek CMS Revision of Long-Term Care Requirements

With “Phase 2” of the new requirements of participation for long-term care providers set to go into effect on November 28th, 120 members of Congress have submitted a letter to the Centers for Medicare & Medicaid Services (CMS) urging them to reconsider these conditions. These lawmakers believe that the new requirements will be a substantial financial burden on skilled nursing facilities, and want CMS to either delay or reevaluate the new provider requirements. Most recently, the American Health Care Association (AHCA) has backed these lawmakers in order to place more pressure on CMS to change the requirements that are poised to go into effect.

In anticipation of the changes, some facilities have gone ahead and begun initiating new practices and programs so as to comply with the rules. According to CMS, the new requirements update standards of practice for long-term care providers, distinguish the level of care needed in a facility with different types of residents, and changes in the quality of care for residents. On the other hand, providers claim that despite the compliance guidance given to them by CMS in June, there has been an insufficient period of time for providers to respond to and comply with the regulations. Plus, providers point out the substantial financial burdens on them that will occur with implementation of the rule; even CMS admits that the estimated costs of a facility’s compliance will be $62,900 and $55,000 for subsequent years. So far, CMS has agreed to delay implementation of the penalties for violating the new rules. However, CMS has taken no action to reevaluate or stop the launch of the new requirements.

If your loved one has suffered abuse or neglect at the hands of a caretaker, whether in a home health care setting, nursing home, or other long-term care facility, you may have a valid personal injury claim. This type of situation makes it essential to contact an experienced Wisconsin neglect and abuse attorney in order to protect your rights and obtain the financial relief that you deserve. Certain individuals have an obligation under the law to report suspected abuse or neglect of an elderly individual or nursing home or other facility resident. Those who fail to do so must face the consequences of their actions. Hold negligent Wisconsin care providers responsible for their actions. Contact Boller & Vaughan today and learn how we can help you.


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