Legislators attacked Michigan's nursing home standards at a press conference today, unveiling a seven-bill package aimed at strengthening standards and protecting Michigan seniors.
The press conference was held in conjunction with "Old Michiganians Day," a day for senior advocacy at the Capitol. Roughly 500 seniors filled the Capitol, meeting with legislators and attending meetings regarding senior-specific legislation.
The bill package, sponsored by Rep. Kathy ANGERER (D-Dundee) and Rep. Robert JONES (D-Kalamazoo), focuses on three main areas: transparency and ownership, financial capacity and quality standards.
Many of the bills would implement changes that the speakers considered "common sense," such as establishing penalties for employees that provide fraudulent information to investigators and requiring nursing homes owners to prove they have the money for proper funding and care. They also require that nursing homes be properly insured prior to operation and that they notify residents and their families at least 30 days before there is a change in ownership.
Jones and Angerer agreed that one of the culprits behind deteriorating nursing home care is the transfer of ownership to private equity investors, which increases the distance between the owner and the residents. The issue of ownership hit the Michigan stage last year when the Carlyle Group acquired 28 Michigan nursing homes owned by Manor Care. The Carlyle Group is a Washington D.C.-based private equity firm (See "Hearings Held On Nursing Home Sales," 12/06/07).
Angerer, as chair of the House Health Policy Committee, and Jones, as Chair of the House Senior Health, Security and Retirement Committee, held joint hearings on the Carlyle acquisition issue last winter.
"When private investors come to Michigan shopping for nursing homes, it is our parents, grandparents, family friends and loved ones who may be adversely affected. We want to make sure that doesn't happened here," Jones said.
Part of the package gives the Department of Community Health (DCH) the authority to decide whether or not to license the corporation purchasing a nursing home.
Rep. Mike SIMPSON (D-Jackson) spoke of two examples of neglect that had been brought to his attention regarding a patient found with ants in her mouth and another patient found sitting in her own waste for five hours after an aide refused to change her. He said this legislation would be a "warning shot" to those operating nursing homes that deplorable conditions would no longer be tolerated.
Allison HIRSCHEL, president of the National Consumer Voice for Quality Long Term Care, praised the legislation, saying that it "specifically addresses weaknesses in Michigan law."
The bills were introduced in session today.
Democrats announced the legislation the same day Michigan senior citizens held a lobby day at the Capitol.
Focus from the House Health Policy and Senior Health, Security and Retirement Committees on private equity purchases came after The Carlyle Group bought 28 nursing homes from HCR ManorCare.
In May, an official from Manor Care testified before the committees and told lawmakers that The Carlyle Group's purchase has not altered care at the homes and that HCR Manor Care now doesn't have to worry about Wall Street expectations allowing investments in the homes to be made for the long term (See Gongwer Michigan Report, May 8, 2008).
But officials in the industry and government have also told lawmakers the state doesn't have enough oversight of these kind of transactions to properly ensure that care of senior citizens is the foremost concern.
The legislation, which has yet to be introduced, would allow the Department of Community Health to decide on whether to license a nursing home when a large corporation purchases it, require notice to residents of the home of a change in ownership and for ownership information to be clearly posted, provide penalties for nursing home employees or administrators when they provide fraudulent information to surveyors or investigators, mandate that nursing home owners show they have proper funding, insurance and quality care to be licensed.
While the legislation would apply to all 425 nursing homes in the state, not just those purchased by private equity firms like Carlyle, Rep. Robert Jones (D-Kalamazoo) said, "When private investors come to Michigan shopping for nursing homes, it is our parents, grandparents, family friends and loved ones who may be adversely affected. We want to make sure that doesn't happen here."
Rep. Kathy Angerer (D-Dundee) said the bills would not affect Carlyle's transaction, but would apply to all nursing home owners going forward, including when a facility's license is up for renewal.
Asked what kind of effect this would have on how DCH operates, Long Term Care Ombudsman Sarah Slocum said while she couldn't comment specifically on its impact, she believes it will help staff carry out their jobs better because it gives them more tools to assess what's happening at these homes.
There is not a single person in this state who doesn't need healthcare. That's why SEIU Healthcare Michigan is supporting the Healthcare Security Campaign - a ballot measure to require Legislators fix our state's broken healthcare system.
The measure would amend Michigan's constitution and require that state's leaders craft a Health Care Security Plan that:
• Ensures that people who have health insurance now won't lose it;
• Provides health insurance coverage for those without it;
• Controls and reduces health care costs to provide Michigan businesses relief from the skyrocketing costs of health care.
For so many years, legislators have been content to talk about healthcare instead of providing it. While they've been at a stalemate on the issue, people are becoming sicker, losing their homes and their businesses and the economy is suffering because of it.
As an officer of a healthcare union, I see firsthand the impact of people being uninsured and under-insured and I know this is an issue that can't be pushed aside any longer.
As an RN, a mother and a grandmother, I feel that everyone has a basic right to healthcare. It's far time we brought this issue to the forefront of conversation in this state.
We provide our legislators with some of the best health insurance available and I, with the Health Care Security Campaign, pledge to fight for the same type of quality healthcare for the members of our union and the citizens of our state.
Marge Faville, RN
Secretary-Treasurer
SEIU Healthcare Michigan
With a year-end deadline looming to close a $6.6 billion takeover deal, the Carlyle Group and HCR Manor Care, the nation's largest nursing home chain, are attempting to steamroll the regulatory process in states to avoid addressing concerns about resident care.
Despite a push to get states to rubber stamp approval of the buyout, state officials in Florida, Maryland, Oklahoma, Kansas, Virginia, Michigan, Illinois, and West Virginia have yet to issue licenses for the Carlyle takeover of nursing homes, according to the latest information available to SEIU.
Those eight states have approximately 120 Manor Care nursing homes, nearly half of all Manor Care's skilled nursing facilities.
Despite the fact that eight states have not approved the takeover, Manor Care spokesperson Rick Rump was cited by the Associated Press as claiming that, "Regulators in more than 30 states have now approved the sale.... The only state that hasn't is West Virginia."
"Carlyle and Manor Care are pulling out all the stops in an attempt to steamroll the process," said Gerry Hudson, Executive Vice President, SEIU Healthcare, "They seem to want this deal all packaged up with a bow for the holidays, even if it means ignoring the responsible questions of state officials and others about the impact on care. It appears they weren't prepared for people to ask questions about the impact of this deal on nursing home residents and caregivers."
Manor Care staffing levels are below those identified by experts in a federally commissioned study as improving patient outcomes and its homes have been cited repeatedly for deficiencies that violate resident care standards. Residents, family members, and caregivers are calling on regulators and lawmakers to make sure the Carlyle buyout will make care better and increase staffing to recommended levels.
(Important Action Alert for You Below)
Corporate raiders are turning their profiteers' gaze on our nation's nursing homes - and Michigan families should be very worried.
Recently, the investment giant Carlyle Group set its sights on buying HCR Manor Care Inc., which owns 28 nursing homes with 3,300 nursing beds in Michigan.
Carlyle is worth $75 billion and, as one of the world's most powerful private equity firms, has a diverse portfolio that includes interests in the military-industrial complex as well as holdings in Dunkin' Donuts and Hertz Rental Cars.
Now Carlyle wants to add Michigan's nursing homes to its portfolio of assets to maximize its profits - without making any commitment to improving health care.
SEIU Healthcare Michigan is partnering with citizens, healthcare providers, elected officials, businesses and countless others to ensure that our seniors aren't put at risk while private equity firms like Carlyle rake in massive profits - much of it public Medicare and Medicaid dollars - while ignoring patient needs.
If the national trend is any indication, we all have good reason to be alarmed.
In a stunning front-page expose on Sept. 23, 2007, a New York Times investigation found that large private equity firms that bought nursing homes across the country between 2000 and 2006 slashed the number of registered nurses far below levels required by law, experienced higher numbers of patient care violations and more deaths. In comparison, during the same period, homes that were not owned by such firms maintained or even expanded staffing levels and had better track records.
The NYT report also showed that private equity firms buy homes and strip them quickly for profit. At the same time, these firms insulate their new acquisitions behind complex layers of corporate ownership to thwart families from holding them accountable for the death or injury of a loved one.
The bottom line for these equity firms is that Michigan's nursing homes are acquisitions, to be bought and sold for maximum profit. The care and well-being of the elderly and often ailing men and women who live there is just collateral.
The horror stories are heart-breaking, as evidenced in the NYT report...
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