Nursing Home Reform Act 1987


Goal of legislation

When the Nursing Home Reform Act was passed in 1987, three major goals were established.  The first is to establish nationwide standards for quality of care in nursing homes throughout the U.S.  The second goal is to design a formal program to monitor and assure resident (patient) rights.  The third goal focuses on establishing consistent procedures for the certification process that will determine if nursing homes are meeting the quality goals. 

As one looks at the aging population in our country and specifically considers the impact of the baby boomers as they reach toward their 60s, what is the state of nursing home reform?

 
Nursing Home Initiatives

In 1998, the Senate Committee on Aging held hearings to investigate reports of widespread death and suffering caused by inadequate staffing and quality of care.  Findings of studies conducted in California showed 30% of nursing homes in that state had violations of standards that subjected residents to actual harm or put them in jeopardy of serious injury.  Alarmingly 33% more nursing homes demonstrated substandard conditions during the survey process.  Only 2% actually met quality standards.

A nationwide study by the Centers for Medicare and Medicaid Services (known at that time as Health Care Financing Administration - HCFA) found that resident outcomes had improved somewhat since the Nursing Home Reform Act was passed.  This study was also conducted in 1998 and concluded that enforcement processes were not strenuously activated.

The Clinton administration announced that year (1998) a Nursing Home Initiative.  Goal was to improve enforcement of nursing home quality standards.  The following steps were activated:

  • Inspections will occur at random times, including weekends and evenings
  • Repeat offenders with serious violations will be targeted for frequent follow-up surveys
  • If states fail to provide adequate surveys, their federal funding dollars (for surveys) will be terminated
  • If a nursing home is found guilty of a repeat offense (and resident is harmed), the nursing home will receive an immediate sanction
  • States may impose civil monetary penalties for each serious or chronic violation of quality standards
   
The situation today

The Senate Committee on Aging recently conducted an series of hearings to determine if progress has been made in the quality of nursing home services in the U.S.  Findings showed that:
  • 27% of nursing homes nationwide were cited with violations that caused harm to residents (placed them at risk of death or serious injury).
  • Surveyors often failed (during their surveys) to identify pressure sores, malnutrition and dehydration in residents
  • Complaints by residents, family members and nursing home staff often went uninvestigated
  • Enforcement mechanisms often failed
  • Over half (54%) of nursing homes had inadequate numbers of nurse aide time per resident

As a result of these findings, states are increasing the number of surveyors.  Many states are also automating their information systems to track patient complaints more effectively.  CMS has made organizational changes to encourage quality of care throughout the country.  It will take a number of years to determine if this initiative is effective in improving quality of care in nursing homes throughout the U.S.

   
 
- Federal agencies
- State agencies
- Key legislation

*

Federal Civil False Claims Act - 1865
* Social Security Act - 1935
* Hill Burton Act - 1946
* Community Health Services and Facilities Act - 1961
* Public Law 89-97 (Medicare/Medicaid) - 1965
* OSHA - 1970
* TEFRA (PPS) - 1982
* COBRA (Antidumping) - 1985
* COBRA (Substandard Care) - 1986
* Health Care Quality Improvement Act (NPDB) - 1986
* Nursing Home Reform Act - 1987
* COBRA (quality/ cost/ effectiveness) - 1989
* Patient Self Determination Act - 1990
* Health Insurance Portability and Accountability Act - 1996
Regulatory mechanisms
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Last revised: April 2003
© 2003 Barbara C. Hays