Nursing Home Resident Protection Act of 1987

Summary

Nursing Home Resident Protection Act of 1987 - Title I: Medicare and Medicaid Programs - Amends title XIX (Medicaid) of the Social Security Act to require intermediate care facilities (other than mental health institutions) to meet skilled nursing facility requirements established under title XVIII (Medicare) of the Act. Makes changes in the conditions placed upon skilled nursing facilities' Medicare participation relating to: (1) the quality and fairness of care; (2) patient participation in facility decision-making; and (3) the extent to which care approximates a patients' particular needs. Substantiates such objectives by providing a nonexclusive list of patients' rights at such facilities. Prohibits State agencies which have agreed to survey nursing facilities' compliance with Medicare participation conditions from providing such facilities with consultation services regarding such conditions. Requires that nursing facility survey results be posted in a place accessible to patients. Requires that nursing facility surveys be: (1) unannounced; (2) conducted by a multidisciplinary team of professionals trained and tested for their duties; (3) focused on the quality of care provided to patients; and (4) performed for each facility on a regular basis, the frequency of such surveys depending upon the facility's record. Requires that such surveys include a private meeting between patients and survey personnel to discuss patients' experiences within the facility. Directs State agencies to provide for the investigation of complaints against nursing facilities and to use specialized survey teams to survey and carry out enforcement action against chronically substandard facilities and other facilities threatening patients' well-being. Directs the Secretary of Health and Human Services to establish criteria and procedures for evaluating an institution's plans for the correction of its violations of nursing facility standards. Directs the Secretary to conduct a random annual sample of skilled nursing and intermediate care facilities in order to validate State determinations regarding provider compliance with Medicaid requirements. Directs the Secretary to develop and implement intermediate sanctions applicable to Medicare nursing or Medicaid intermediate care facilities which do not substantially satisfy the requirements placed on such facilities, but which do not immediately jeopardize the health, safety, and well-being of their patients. Gives such facilities the right to a hearing after the determination regarding such deficiencies is made. Requires States to impose an immediate civil monetary penalty on intermediate care facilities found in consecutive surveys to be out of compliance with Medicare skilled nursing facility requirements. Amends part A (General Provisions) of title XI of the Act to give an individual entitled to inpatient hospital services in a nursing or intermediate care facility the right to bring an action in an appropriate Federal district court when such facility's failure to meet the requirements of the Act adversely affects such individual. Requires State Medicaid fraud control units to investigate and prosecute potentially criminal cases of patient abuse and neglect. Title II: Amendments to the Older Americans Act of 1965 - Amends the ombudsman program of the Older Americans Act of 1965 to: (1) authorize an ombudsman to designate a representative to perform ombudsman functions; (2) increase the minimum which must be allotted to the program from grants to States for the provision of social services for the aged; (3) immunize ombudsmen and their representatives from liability under State and Federal law in the performance of their duties, so long as such duties are performed with due care; and (4) provide technical assistance and training for ombudsmen and their representatives. Establishes the National Long-Term Care Ombudsman Program Advisory Council in the Department of Health and Human Services to advise the Secretary regarding the development and operation of the ombudsman program. Requires the Secretary to report annually to the Congress regarding data collected on complaints and conditions in long-term care facilities.

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Timeline

1. 6 January 1987

   Introduced

   Referred to House Committee on Education and Labor.

   Source: IntroReferral

2. 6 January 1987

   Introduced

   Introduced in House

   Source: IntroReferral

3. 6 January 1987

   Introduced

   Introduced in House

   Source: IntroReferral

4. 21 January 1987

   Referred

   Referred to Subcommittee on Health.

   Source: Committee

5. 22 January 1987

   Referred

   Referred to Subcommittee on Health and the Environment.

   Source: Committee

6. 23 February 1987

   Referred

   Referred to Subcommittee on Human Resources.

   Source: Committee

Votes

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Versions

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Documents

1 official file

• Introduced in House

  summary · EN · 6 January 1987

  Open at official source

Sponsors

• Rep. Pepper, Claude [D-FL-14] · D · Sponsor
• · hsed00 · Standing
• · hsif00 · Standing
• · hswm00 · Standing

Related records

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