S 4467
Ensuring Seniors’ Access to Quality Care Act
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Bill overview
The Ensuring Seniors’ Access to Quality Care Act aims to improve access to quality care for seniors by modifying regulations related to nurse aide training and competency evaluation programs in skilled nursing facilities. Specifically, it allows states with a history of regulatory action against facilities to have their disapproval of these programs rescinded if they correct deficiencies and demonstrate continued compliance. Additionally, the bill expands access to the National Practitioner Data Bank for Medicaid and Medicare providers to conduct background checks on employees.
Key provisions
- Allows states with prior regulatory actions against nursing facilities to have disapproval of nurse aide training programs rescinded if corrective actions are taken.
- Establishes a two-year period for disapproval of nurse aide training programs for facilities with significant penalties.
- Expands access for Medicaid and Medicare providers to the National Practitioner Data Bank for background checks.
- Modifies regulations regarding civil monetary penalties assessed for substandard quality of care.
- Requires facilities to demonstrate remediation of deficiencies before disapproval is rescinded.
- Allows for continued oversight of facilities during the rescission period.
- Applies penalties and rescission determinations to civil monetary penalties made on or after the date of enactment.
- Clarifies the definition of ‘covered determination’ for assessing quality of care.
Who is affected
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsors
Angus S., Jr. King
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119th CONGRESS — 2d Session
S. 4467
IN THE SENATE OF THE UNITED STATES
A BILL
To amend titles XVIII and XIX of the Social Security Act with respect to nursing facility requirements, and for other purposes.
This Act may be cited as the Ensuring Seniors’ Access to Quality Care Act
.
in subparagraph (A)(iv)(I), by striking (unless the facility is described in subparagraph (B)(iii)(I))
;
in subparagraph (B)—
in clause (i)—
by striking (subject to clause (iii))
; and
by inserting and
after the semicolon;
in clause (ii), by striking ; and
and inserting a period; and
by striking clause (iii);
by striking A State may not delegate (through subcontract or otherwise) its responsibility under clause (iii)(II) to the skilled nursing facility.
;
by striking subparagraphs (C) and (D); and
by adding at the end the following:
With respect to a State, the Secretary shall, in consultation with such State, disapprove, for a period not to exceed 2 years, a nurse aide training and competency evaluation program or a nurse aide competency evaluation program offered by or in a skilled nursing facility if such facility—
has not, in the determination of the Secretary, corrected the deficiencies in quality of care for which such civil monetary penalty was assessed.
the facility has not received deficiencies related to direct patient harm for substandard quality of care deficiencies in the prior 2 years; and
the Secretary certifies that the civil monetary penalty assessed under clause (i)(I) did not result in immediate jeopardy for direct patient harm or injury related to an abuse or neglect deficiency.
For purposes of rescinding disapproval under this clause, the Secretary may require additional oversight of the skilled nursing facility for a period not to exceed the period of disapproval imposed under clause (i) with respect to such facility.
Section 1919(f)(2) of the Social Security Act (42 U.S.C. 1396r(f)(2)) is amended—
in subparagraph (A)(iv)(I), by striking (unless the facility is described in subparagraph (B)(iii)(I))
;
in clause (i), by inserting and
after the semicolon;
in clause (ii), by striking ; and
and inserting a period;
by striking clause (iii); and
by striking A State may not delegate (through subcontract or otherwise) its responsibility under clause (iii)(II) to the nursing facility.
;
by striking subparagraphs (C) and (D); and
by adding at the end the following:
the facility has not received deficiencies related to direct patient harm for substandard quality of care deficiencies in the prior 2 years; and
the Secretary certifies that the civil monetary penalty assessed under clause (i)(I) did not result in immediate jeopardy for direct patient harm or injury related to an abuse or neglect deficiency.
For purposes of rescinding disapproval under this clause, the Secretary may require additional oversight of the nursing facility for a period not to exceed the period of disapproval imposed under clause (i) with respect to such facility.
The amendments made by subsections (a)(4) and (b)(4) of this section shall apply only to a civil monetary penalty if the relevant covered determination was made on or after the date of enactment of this Act.
The term covered determination means, with respect to a skilled nursing facility or a nursing facility in a State, a determination by the State or the Secretary of Health and Human Services that the facility has provided a substandard quality of care for which a civil monetary penalty described in section 1819(f)(2)(C)(i)(I) or 1919(f)(2)(C)(i)(I) of the Social Security Act (as such sections have been amended by this Act) may be assessed.
Section 1921(b)(6) of the Social Security Act (42 U.S.C. 1396r–2(b)(6)) is amended—
by striking and other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986)
and inserting , other health care entities (as defined in section 431 of the Health Care Quality Improvement Act of 1986), providers of services (as defined in section 1861(u)), suppliers (as defined in section 1861(d)), and providers of items or services under a State plan under this title (or a waiver of such a plan)
; and
by striking such hospitals or other health care entities
and inserting such hospitals, health care entities, providers, or suppliers
.