[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12904-S12905]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         MEDICARE CERTIFICATION

 Mr. LEVIN. Mr. President, for the last few years, I have been 
working on an issue of great importance to my constituents in Flint, 
Michigan. The city of Flint is home to an outstanding medical facility, 
Hurley Medical Center. A subsidiary of Hurley Medical Center owns a 
nursing home, Heartland Manor, also located in Flint. Heartland Manor 
has applied to HCFA for Medicare certification which it has been 
attempting to do since 1994. However, Heartland Manor has been thwarted 
in this process at every turn by HCFA. I would like to lay out the 
facts of this situation for the record.
  On July 27, 1989, Chateau Gardens, a nursing home facility, was 
terminated from the Medicare program. On January 1, 1994, West Flint 
Village Long Term Care Inc., a subsidiary of Hurley Foundation, 
purchased Chateau Gardens. The new owner, Hurley Medical Center, is a 
non profit public hospital with an excellent reputation. State 
officials requested that Hurley Medical Center take over Heartland 
Manor. In taking over the facility, the entire staff and management of 
the nursing home was changed. In 1994 Heartland Manor applied for 
certification into the Medicare program as a new, prospective, 
provider. Heartland Manor had never before entered into a Medicare 
participation agreement and had never been issued a provider number. 
However, HCFA chose to consider Heartland as a re-entry provider and 
Heartland was subsequently denied participation into the Medicare 
program based in large part on violations which HCFA carried over from 
the previous owner. If Heartland Manor had been treated as a new 
provider, it would have been approved and would presently be in the 
Medicare program.
  The complaints that have been cited against Heartland Manor itself 
are typical of complaints which are lodged against many established and 
reputable nursing homes. In fact, the citations which Heartland Manor 
has received have consistently been either deleted or reduced in their 
determination of scope and severity. I recently reviewed eight 
complaints that were levied against Heartland Manor in August. None of 
the complaints represented a determination of a deficient facility 
practice.
  Hurley Medical Center is planning to build a new complex that will 
bring state of the art care to an underserved area. The only barrier to 
this undertaking is Heartland's lack of Medicare certification. Once 
Heartland Manor receives Medicare certification, Hurley plans to put 
$10 million into renovating Heartland Manor.
  I believe that Heartland Manor deserves to be treated as a new 
provider as was determined by Administrative Law Judge Stephen 
Ahlgren's February 26, 1998 ruling. It is illogical and unconscionable 
that HCFA is refusing to treat Heartland Manor as a new provider.
  Mr. President, I had hoped that we could have resolved this issue in 
the appropriations process. It was my intent to offer an amendment to 
the Labor Health and Human Services and Education Appropriations Bill 
that would have required that HCFA consider Heartland Manor to be a new 
provider for Medicare certification purposes. That bill never showed up 
on the floor but instead was wrapped into an omnibus nonamendable 
conference report.

[[Page S12905]]

  I believe that it is fair and just for the community of Flint that 
Heartland Manor be treated as a new provider. Providing Heartland Manor 
with the ability to apply as a new provider will allow the nursing home 
to receive a fair shot at Medicare certification which is all I am 
asking for.

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