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___________________
Center for Medicare Advocacy Special
Report
Special Focus Nursing
Facilities that “Have Not Improved:”
Poor Care for
Residents, Overall Ratings Artificially Boosted
by 5-Star Ratings in
Self-Reported Quality Measures
The Centers for Medicare
& Medicaid Services (CMS) identifies some of the most poorly performing
nursing facilities in the country as Special Focus Facilities
(SFFs). In this Second Report on SFFs, the Center for Medicare
Advocacy looks at one of four categories of SFFs – those that “have not improved”
– and how they game and manipulate CMS’s Five-Star Quality Rating System
and boost their overall scores to two stars by having five stars in the
self-reported quality measures domain.
The July 19, 2018 list of
SFFs that have not improved includes 33 nursing facilities in 22 states.
The Center looked at the federal website Nursing Home Compare to identify
how many jeopardy-level and harm-level deficiencies the 33 SFFs had in the
current and prior survey cycles (and in 2018), whether any Civil Money Penalties
or Denials of Payment for New Admissions were imposed in the prior three
years, whether the SFFs lacked mandated RN coverage or had other problems
in staffing data, and their quality measure ratings.
The most striking finding
is that 13 of the 33 SFFs (39%) that had not improved had five stars in
their self-reported quality measures domain, leading to an upward
adjustment from one star to two stars for their overall ratings. Such high
scores on quality measures are implausible for SFFs that have not improved.
Although these 33 SFFs were
cited with the highest levels of deficiencies (131 jeopardy-level
deficiencies and 94 harm-level deficiencies since 2016), Civil Money
Penalties (CMPs) were minimal. Although 29 of the 33 SFFs had at least one
CMP imposed over the prior three years, total CMPs for these 29 facilities
averaged $68,577 per facility per year over the three-year period. With the
Trump Administration’s shift from per-day to per -nstance CMPs, total CMPs
will continue to drastically decline in the future.
The failure to impose
meaningful enforcement actions against even the most poorly performing
facilities in the country reflects an environment of ever-diminishing
oversight and raises serious concerns for the safety and welfare of nursing
home residents.
The Center’s full report is
available at: http://www.medicareadvocacy.org/special-focus-nursing-facilities-that-have-not-improved/.
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Center for Medicare Advocacy,
Inc. • www.MedicareAdvocacy.org
PO Box 350, Willimantic, CT 06226 • 1025 CT Ave.
NW, Washington, DC 20036
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