Implementation Status
Prior to January 2013, CMS issued the Hand in Hand: A Training Series for Nursing Homes Toolkit to address the need for nurse aides’ annual in-service training on a number of topics, including dementia management and prevention of patient abuse. See here for further details.
On July 16, 2015 CMS released a proposed rule that revises the requirements that long-term care facilities must meet to participate in the Medicare and Medicaid programs. The rule addressed this provision of the ACA. Comments are due Sept. 14.
On Sept. 29, 2016, CMS issued a final rule delineating major reforms to Medicare and Medicaid conditions of participation (CoPs) impacting long-term care (LTC) facilities. In particular, the rule stipulates new prohibitions on the use of pre-dispute binding arbitration agreements as a condition of admission to the facility, among other reforms. The rule addresses these provisions of the ACA.
On Nov. 14, 2019, the House Ways and Means Committee convened a hearing on the costs of home and hospice care for the disabled and elderly and how Congress could address these issues, increase quality of care for patients, and reduce the burden for caretakers.
On Nov. 20, 2019, the Senate Finance Subcommittee on Health Care convened a hearing to discuss ways to overcome barriers to caring for individuals with Alzheimer’s disease and supporting their caregivers.
Statutory Text
SEC. 6121. DEMENTIA AND ABUSE PREVENTION TRAINING. (a) SKILLED NURSING FACILITIES.— (1) IN GENERAL.—Section 1819(f)(2)(A)(i)(I) of the Social Security Act (42 U.S.C. 1395i–3(f)(2)(A)(i)(I)) is amended by inserting ‘‘(including, in the case of initial training and, if the Secretary determines appropriate, in the case of ongoing training, dementia management training, and patient abuse prevention training’’ before ‘‘, (II)’’. (2) CLARIFICATION OF DEFINITION OF NURSE AIDE.—Section 1819(b)(5)(F) of the Social Security Act (42 U.S.C. 1395i– 3(b)(5)(F)) is amended by adding at the end the following flush sentence: ‘‘Such term includes an individual who provides such services through an agency or under a contract with the facility.’’. (b) NURSING FACILITIES.— (1) IN GENERAL.—Section 1919(f)(2)(A)(i)(I) of the Social Security Act (42 U.S.C. 1396r(f)(2)(A)(i)(I)) is amended by inserting ‘‘(including, in the case of initial training and, if the Secretary determines appropriate, in the case of ongoing training, dementia management training, and patient abuse prevention training’’ before ‘‘, (II)’’. (2) CLARIFICATION OF DEFINITION OF NURSE AIDE.—Section 1919(b)(5)(F) of the Social Security Act (42 U.S.C. 1396r(b)(5)(F)) is amended by adding at the end the following flush sentence: ‘‘Such term includes an individual who provides such services through an agency or under a contract with the facility.’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect 1 year after the date of the enactment of this Act.