Senator Russ Feingold (D-WI) has introduced S. 3407, the Improving the Quality of Care in Nursing Homes Act of 2010. The bill would provide that the Department Health and Human Services work with the Institute of Medicine in conducting a study on the current state of nursing home oversight.

Senator Feingold says that the Government Accountability Office has "identified significant issues in nursing home oversight and enforcement of the quality standards," which led to the senator introducing the legislation.

The study would include:

--The current structure and methods for surveying and evaluating nursing homes.

--The relationship between the Centers for Medicare & Medicaid Services (CMS) and nursing homes and how that relationship affects quality.

--The relationship between CMS and state agencies.

--The CMS methodology in surveying and evaluating nursing homes.

--The criteria, objectivity and accuracy of the survey process used to assess nursing homes.

--The effectiveness of the current enforcement system.

-- Whether the current system effectively allows states and other stakeholders to engage in innovative ways to pursue quality improvement.

-- Alternatives to the current system.

"After hearing from members of the Wisconsin Association of Homes and Services for the Aging, it is clear it's time for a fundamental review of how far the nursing home field has come, and where we must improve to ensure our seniors are receiving the highest quality of care," Sen. Feingold said in a press release. "This legislation will help bring nursing home quality assurance into the twenty-first century and ensure a better quality of life for current and future nursing home residents."

The American Association of Homes and Services for the Aging (AAHSA) has expressed approval of the legislation. "We commend Senator Feingold for not accepting the status quo and fighting for a system that will ensure America's nursing home residents can receive the highest quality care possible," AAHSA President and CEO Larry Minnix stated in a press release. "AAHSA and its members call on Congress to support this legislation to ensure nursing home quality that people can trust."

The Congressional findings on the act note that since 1987, very little systematic evaluation or review of certification system effectiveness has been performed. In addition, little evaluation has been done on ensuring nursing home compliance with requirements for Medicare or Medicaid participation.

Adapted in part from Sen. Feingold's and the AAHSA's press releases.

Sen. Feingold's remarks may be found at: http://feingold.senate.gov/record.cfm?id=325220

The AAHSA's remarks may be found at: http://www.aahsa.org/article.aspx?id=11512

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