California AG blasts Trump Administration’s proposed rule that weakens protections for residents at nursing homes

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Section 11281 of the SSA establishes requirements for effective compliance and ethics programs as well as quality assurance and performance improvement (QAPI) programs for skilled nursing facilities and nursing facilities.  The proposed rule repeals standards set for QAPI programs beneficial for nursing home residents and requirements for personnel responsible for ensuring compliance with regulations.

Section 1554 of the ACA prohibits the Secretary of HHS from implementing any regulation that “creates any unreasonable barriers to the ability of individuals to obtain appropriate medical care; and impedes timely access to health care services; [or] interferes with communications regarding a full range of treatment options between the patient and the provider…”

AG Becerra noted that the proposed rule lets facilities to ignore residents’ grievances and removes requirements that ensure residents remained informed about the names and contact information of their primary care providers.

Moreover, AG Becerra argued that the proposed rule violates the Administrative Procedure Act (APA) citing the reason that it is capricious and arbitrary. The proposal “removes protections” for residents at nursing homes “without adequate justification” and does not consider the harms it will cause to residents of long-term care facilities and states.