The California State Legislature approved California Assembly Bill 215 on September 10, 2009. AB 215, which was introduced by Assembly Members Mike Feuer and Cameron Smyth, requires long-term health care facilities that accept Medicare and Medicaid to post the federal Centers for Medicare and Medicaid (CMS) star rating in a visible and public location.
The significance of this bill is that it would enable families who are seeking a nursing home for their loved ones to have greater information about nursing facilities. Posting these federal ratings in prominent locations also increase the chances of families being able to make informed decisions about which nursing home to select.
CMS has a five-star quality rating system to assist consumers, families, and caregivers in deciding on the appropriate nursing home facility. A nursing home with five stars is considered to be of above-average quality, while a nursing home with one star is considered to be of below-average quality. There is one overall rating for each nursing home and separate ratings for each of the following:
- Health Inspections: This rating consists of information from the last three years of onsite inspections, where inspectors determine whether the nursing home has met Medicare's minimum quality requirements.
- Staffing: This rating contains information regarding the number of hours of care on average that is provided to each nursing home resident each day by nursing staff.
- Quality Measures: The quality measures rating has information on how well the nursing homes are caring for their residents' physical and medical needs.
Other sources of information that individuals have for information on the quality of care at nursing homes include California Nursing Home Search, Medicare, and California Advocates for Nursing Home Reform.
Federal Nursing Home Bill
A federal bill that is being considered by Congress is the Fairness in Nursing Home Arbitration Act of 2009, which was reintroduced by Representative Linda Sanchez and Senators Mel Martinez and Herb Kohl. This bill would invalidate mandatory arbitration agreements that nursing homes and assisted living facilities usually have residents sign upon admission. These arbitration clauses, however, are usually buried amidst several pages of admission papers, which make it difficult for residents to see and understand. Further, these arbitration clauses leave residents no other choice but to agree to the arbitration clause or seek another facility.
Arbitration is distinct from trials in that it is an out-of-court method of resolving disputes. It is a form of alternative dispute resolution, where an impartial third party, an "arbitrator," hears the evidence brought by the parties. After hearing the evidence, the arbitrator makes a decision that can be binding or non-binding, depending on the type of arbitration the parties agree upon. This bill would not prohibit the use of arbitration to resolve disputes by nursing homes, but it would enable residents and their representative to voluntarily select arbitration as an option, and not as a mandate.
Laws concerning nursing homes and nursing home residents' rights are constantly changing both on a state and federal level. It is important to have an experienced and knowledgeable lawyer represent you or your family member if you suspect nursing home abuse or neglect.
For an experienced and skilled lawyer who can safeguard your rights, contact The Law Offices of James R. Gillen for a confidential consultation.
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