CMS Restores Tougher Penalties for Nursing Home Violations

CONTACTS: Patricia McGinnis, Executive Director, CANHR(415) 974-5171 patm@canhr.org FOR IMMEDIATE RELEASE July 28, 2021 Berkeley, CA – After a lawsuit filed in January 18, 2021 by California Advocates for Nursing Home Reform (CANHR) and the National Consumer Voice for Quality Long-Term Care (Consumer Voice) challenging CMS’s 2017 policy limiting the types of civil money penalties (CMPs) that can be imposed against nursing facilities, CMS has reversed course and announced plans to impose much stiffer penalties for nursing facility violations.  Represented by attorneys from the AARP Foundation and the law firm of Constantine Cannon LLP, the lawsuit alleges that reduced fines put nursing facility residents’ lives at risk by weakening enforcement of the federal Nursing Home Reform Act (NHRA).

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Nursing Homes May Face Steeper Safety Fines

By Reed Abelson, New York Times, July 28 2021 The Biden administration has quietly undone a Trump policy that severely restricted penalties imposed on facilities that violated safety standards. Maureen McKinney of Ellensburg, Wash., was “horrified” by the minimal penalty imposed at a nursing home where a Covid-19 outbreak claimed the lives of 15 residents, including her husband’s. 

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