[Congressional Record Volume 144, Number 117 (Tuesday, September 8, 1998)]
[Senate]
[Page S9993]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                  NURSING HOME PATIENT PROTECTION ACT

 Ms. MIKULSKI. Mr. President, I rise today in support of the 
Nursing Home Patient Protection Act. I wish this legislation was not 
necessary, but it is. It is necessary and we must pass this bill 
because senior citizens and people with disabilities are being cruelly 
forced to leave their homes. Why? Not because of some failure of their 
own, not because they haven't spent their lives working hard, and not 
because they deserve to be kicked out for any other reason. These 
people, mostly senior citizens, are being told to leave their homes 
because of inadequacies in our Medicaid program. This is not right, Mr. 
President. It is unfair, unacceptable, and Un-American to sit by while 
many of our senior citizens are shuffled around like a deck of cards. I 
think honoring your mother and father is not just good practice--it is 
good public policy.
  Most seniors begin paying their nursing home bills with their own 
life's savings. Later, when they run out of money, they typically enter 
the Medical Assistance Program. All too often, nursing homes then tell 
these residents, some of whom have lived in a home for 20 years or 
more, that they must leave because Medicaid payment rates are too low. 
No warning is given, and little assistance for relocation is available. 
They are, quite literally, left out on the street to find another 
facility on their own. Think of your parents in a similar situation: 
their health is not what it once was, they are accustomed to their 
current surroundings, and they were promised by their nursing home that 
they would be allowed to stay when they ran out of money and became 
Medicaid recipients. Then, without any warning, they are told that they 
must leave what has been their home within the next two months. How 
would you react? I know how I would react--with anger, fear, and 
disbelief. It is wrong and dangerous to disrupt seniors in such a 
manner. Getting adjusted to a new environment is difficult at any age, 
but for seniors, the added stress is often enough to significantly 
diminish their health, leading to additional medical problems, and even 
premature death.
  This bill does not attempt to force nursing homes to accept Medicaid 
patients. Rather, it recognizes the fact that nursing homes should have 
the right to take only ``private pay'' patients if they so choose. That 
is the nature of the marketplace.
  This bill does require nursing homes to be honest about their 
policies concerning Medicaid and ensures that patients are not misled. 
This bill would require nursing homes to formally notify potential 
residents of their policy regarding Medicaid. Furthermore, under this 
legislation, if a nursing home converts to private pay only status, it 
must still honor its previous promise to current residents and accept 
their Medicaid payments.
  Senior citizens' advocacy groups strongly support this legislation. 
As noteworthy, the nursing home industry supports the bill. Calling it 
``intelligent public policy,'' the American Health Care Association, 
which represents over 11,000 nursing homes, acknowledges the fact that 
no one should be lied to and kicked out of their homes. Nursing home 
officials realize, as we do, that this bill will not damage the 
economic viability of running a nursing home. It will simply give 
seniors the security of knowing they will not be suddenly forced to 
leave their homes when they run out of their own savings.
  I also want to say a bit about the last section of the bill. The 
final section is crucial because it requires the Secretary of HHS to 
examine Medicaid reimbursement rates and make sure they are reasonable. 
This work will then be compiled and submitted to Congress within five 
years after the bill's passage. Hopefully, this report will shed light 
on the Medicaid system's problems and initiate the process of 
correcting them.
  This legislation will provide some much needed security for our 
seniors. I hope it will also start the process of improving our 
Medicaid system. People on Medicaid are regularly denied services by 
nursing homes and hospitals because the reimbursement rates are 
unreasonably low. The Secretary's report, required by this bill, is a 
step in the right direction.
  In closing, I would like to thank Senator Graham for introducing this 
important legislation. I know that he sincerely shares my concern for 
the well-being of older Americans, as do all of the bill's cosponsors. 
We have a responsibility to make sure that Americans are treated fairly 
and humanely. This bill does just that. Let's take care of our parents, 
our grandparents, and ourselves by passing this important 
legislation.

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