1.This Act may be cited as
the Improving the Quality of Care in
Nursing Homes Act of 2010
.
2.Congress makes the following
findings:
(1)The Institute of
Medicine published the 1986 report Improving the Quality of Care in Nursing
Homes, which laid out recommendations for policy and regulatory changes for
Federal oversight of nursing homes.
(2)The Omnibus
Budget Reconciliation Act of 1987 incorporated many of those recommendations as
part of the amendments made by subtitle C of title IV of such Act.
(3)Since the
enactment of the Omnibus Budget Reconciliation Act of 1987, there has been
little systematic evaluation or review of the effectiveness of the survey and
certification system in measuring and improving the quality of care for nursing
home residents as well as ensuring compliance with the requirements of
participation by nursing homes participating in Medicare or Medicaid.
3.Study and report
by the institute of medicine
(a)The Secretary of Health and Human Services shall enter
into an agreement with the Institute of Medicine to conduct a study on the
following:
(1)The current
structure and methods for surveying and evaluating nursing homes.
(2)The nature of the
relationship between the Centers for Medicare & Medicaid Services and
nursing homes and how it affects efforts to improve quality.
(3)The relationship
between the Centers for Medicare & Medicaid Services and State
agencies.
(4)The methodology
used by the Centers for Medicare & Medicaid Services to survey and evaluate
nursing homes.
(5)An evaluation of
how the States and the District of Columbia implement the Federal requirements
and the resulting variations and differences.
(6)The objectivity
and accuracy of the survey process and criteria used to assess nursing
homes.
(7)The effectiveness
of the current enforcement system in promoting and encouraging systemic
organizational change leading to measurable and sustained quality improvement
within the nursing home.
(8)Whether the
current system effectively understands and measures nursing homes that are
undergoing or have completed culture change activities.
(9)Whether the
current system effectively allows states and other stakeholders to engage in
innovative ways to pursue quality improvement.
(10)Alternatives to
the current system.
(b)The
agreement entered into under subsection (a) shall provide for the Institute of
Medicine to submit to the Secretary of Health and Human Services and the
Congress, not later than 18 months after the date of the enactment of this Act,
a report containing a description of—
(1)the results of
the study conducted under this section; and
(2)the conclusions
and recommendations of the Institute of Medicine regarding changes in
regulatory policies and procedures to enhance the ability of the regulatory
system to assure that nursing home residents receive quality care.
4.Authorization of
appropriationsTo carry out
this Act, there are authorized to be appropriated such sums as may be
necessary.