[Congressional Record Volume 143, Number 114 (Wednesday, September 3, 1997)]
[Extensions of Remarks]
[Pages E1637-E1638]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              NURSING HOME PUBLIC INFORMATION ACT OF 1997

                                 ______
                                 

                          HON. EDOLPHUS TOWNS

                              of new york

                    in the house of representatives

                      Wednesday, September 3, 1997

  Mr. TOWNS. Mr. Speaker, when millions of Americans must make the 
difficult decision to put an aging relative in a nursing home, we trust 
the institution to care properly for our loved ones. But as a recent 
General Accounting Office [GAO] study points out, nursing homes across 
the United States don't always treat the 1.8 million residents like 
family.
  At a time when the nursing home industry is undergoing explosive 
growth as a result of an aging population, my recently introduced 
Nursing Home Public Information Act of 1997 would allow families to 
make an informed choice when choosing a nursing home. By directing HHS 
to publicly disseminate information currently compiled in databases 
maintained or available to HHS concerning nursing homes, this bill 
takes a step in the right direction toward educating the public.
  While most nursing homes adhere to Federal and State regulations, 
each year billions of dollars are lost to fraud and abuse. According to 
the GAO, Federal Medicare and Federal/State Medicaid programs paid 
nursing home providers more than $35 billion in 1995. The Department of 
Justice estimates that as much as 10 percent is lost to fraud and 
abuse.
  By aggressively targeting five states, the Department of Health and 
Human Services [HHS], through Operation Restore Trust, has obtained 74 
criminal convictions and recovered $67.3 million for Medicare. More 
than four dozen civil suits have collected $72.8 million in fines and 
settlements, and companies have returned another $47.4 million.
  Convicting abusive providers, levying fines, recovering overpayments, 
negotiating settlements--all these actions are necessary to reduce 
fraud and abuse. But they will never be more than the second best way 
to do this. The best way is to prevent fraud, abuse, and waste from 
occurring in the first place. This requires informing the public. As a 
recent Government Reform and Oversight Human Resources Subcommittee 
hearing revealed, the public receives little or no information relating 
to fraud, abuse, and quality of care in nursing homes.
  Mr. Speaker, I urge my colleagues to join my efforts to assist 
millions of families across the Nation by supporting the Nursing Home 
Public Information Act of 1997.

                                 H.R.--

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

[[Page E1638]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Nursing Home Public 
     Information Act of 1997''.

     SEC. 2. DISSEMINATION OF INFORMATION.

       (a) The Secretary shall publicly disseminate, through 
     whatever means the Secretary determines appropriate, 
     information compiled in databases maintained by or available 
     to the Secretary concerning final adverse actions against and 
     quality of care in nursing facilities.
       (b) The Secretary shall determine the scope of the 
     information disseminated under this section, but shall 
     include--
       (1) the name (and history of name changes), address, phone 
     number, tax identification number, chairman of the board or 
     director, and licensing State or other governmental entity, 
     of each nursing facility involved in a final adverse action;
       (2) the basis and sanction or remedy of each final adverse 
     action;
       (3) information about quality of care in nursing 
     facilities, including information collected through the 
     standard surveys conducted pursuant to section 1919 of the 
     Social Security Act (42 U.S.C. 1396r); and
       (4) any information that would be helpful to consumers 
     purchasing care or services in nursing facilities.
       (c) In disseminating information under this section, the 
     Secretary shall ensure that the privacy of individuals 
     receiving, or who have received, care or services in nursing 
     facilities is appropriately protected.
       (d) The Secretary shall determine the appropriate format 
     and means to disseminate information under this section, but 
     shall consider--
       (2) a toll-free telephone hotline;
       (2) a public website; and
       (3) a printed manual or pamphlet.
       (e) The Secretary shall update the information disseminated 
     under this section not less than monthly.

     SEC. 3. DEFINITIONS.

       (For purposes of this section--
       (1) the term ``Secretary'' means the Secretary of Health 
     and Human Services;
       (2) the term ``nursing facility'' has the same meaning 
     provided such term in section 1919 of the Social Security Act 
     (42 U.S.C. 1396r);
       (3) the term ``final adverse action'' includes--
       (A) civil judgments against a nursing facility in Federal 
     or State court related to fraud, abuse, or improper billing;
       (B) Federal or State criminal convictions related to fraud, 
     abuse, or improper billing;
       (C) actions by Federal or State agencies responsible for 
     the licensing or certification of nursing facilities, 
     including--
       (i) formal or official actions, such as revocation or 
     suspension of a license (and the length of any such 
     suspension), reprimand, censure, or probation; or
       (ii) any other loss of license or the right to apply for, 
     or renew, a license of the nursing facility, whether by 
     operation of law, voluntary surrender, non-renewability, or 
     otherwise;
       (D) exclusion from participation in Federal or State health 
     care programs (as defined in sections 1128B(f) and 1128(h) of 
     the Social Security Act (42 U.S.C. 1320a-7b(f); 1230a-7(h)); 
     and
       (E) any other adjudicated actions or decisions that the 
     Secretary shall establish by regulation.
       (4) the term ``tax identification'' has the meaning 
     provided such term in section 7701(a)(41)).

     SEC. 4. EFFECTIVE DATE.

       This Act shall take effect not more than 2 years after the 
     date of its enactment.

     

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