CONYERS: House Democrats to Trump Administration: Florida Nursing Home Tragedy Is a Wake-Up Call to Protect the Fundamental Rights of Residents Against Abuse

WASHINGTON – In the wake of disturbing reports of the neglect of nursing home residents in the wake of Hurricanes Harvey and Irma, 46 members of Congress called on Centers for Medicare & Medicaid Services (CMS) Administrator Seema Verma to maintain current protections for elder Americans against abuse in nursing homes.

In Florida, 12 residents died and more than 100 were hospitalized after a long-term care facility failed to evacuate residents after losing air conditioning in the aftermath of Hurricane Irma. In Texas, similar abuse occurred at a facility that refused to evacuate despite severe flooding. The letter is led by Representatives David N. Cicilline (RI-01), John Conyers, Jr. (MI-13), Henry C. “Hank” Johnson, Jr. (GA-04), Jerrold Nadler (NY-10), Linda Sánchez (CA-38), and Suzanne Bonamici (OR-01).

They wrote: “The horrific reports of abuse at facilities in Florida and Texas in the wake of Hurricanes Irma and Harvey underscore the need for your agency to reconsider upending the legal protections of those who have worked and saved for their entire lives to retire with dignity. This is a time when we should be protecting our nation’s seniors, not rolling back their fundamental right to hold wrongdoers accountable for neglect and abuse.”

Last year under the Obama Administration, CMS finalized a strong rule that prohibited the use of pre-dispute, mandatory (“forced”) arbitration clauses in nursing home admission agreements.

Nursing-home residents stand to lose virtually every cause of action against unscrupulous caregivers unless these current protections against forced arbitration in nursing-home admission contracts are preserved.

As the letter notes, following an extensive notice-and-comment rulemaking process, CMS determined that forced arbitration undermines the ability of health investigators to prevent and remedy abuse in nursing homes.

But under the Trump Administration, CMS has already begun the process to end this protection.

The letter follows a letter from House Democrats—including Representatives Johnson, Cicilline, Conyers, Nadler, and Sanchez—in 2015 that called on CMS to adopt these protections.

The group of House Democrats denounced plans by CMS Administrator Verma to roll back existing protections, writing “Americans in nursing homes deserve better. It is vital that residents and their families are able to enforce their rights and hold nursing home operators accountable for dangerous facility conditions and the inhumane treatment of residents. We strongly urge CMS to protect the health and safety of nursing home residents, particularly in light of recent events, by maintaining the current prohibition of forced arbitration clauses in nursing home admission contracts.”

Congressional Letter To CMS On Nursing Home Protections 10032017 by Beverly Tran on Scribd

Voting is beautiful, be beautiful ~ vote.©

U.S. government paid $600 million in benefits to dead, 5-year study reports

U.S. government paid $600 million in benefits to dead, 5-year study reports

WASHINGTON — The federal government has doled out more than $600 million in benefit payments to dead people over the past five years, a watchdog report says.

Such payments are meant for retired or disabled federal workers, but sometimes the checks keep going out even after the former employees pass away and the deaths are not reported, according to the report this week from the Office of Personnel Management's inspector general, Patrick McFarland.

In one case, the son of a beneficiary continued receiving payments for 37 years after his father's death in 1971. The payments — totaling more than $515,000 — were only discovered when the son died in 2008.

The government has been aware of the problem since a 2005 inspector general's report revealed defects in the Civil Service Retirement and Disability Fund. Yet the improper payments have continued, despite more than a half dozen attempts to develop a system that can figure out which beneficiaries are still alive and which are dead, the report said.

"It is time to stop, once and for all, this waste of taxpayer money," it said.

Office of Personnel Management spokesman Edmund Byrnes said he could not immediately comment on the findings. But the report said OPM Director John Berry agrees that stopping the improper payments should be a priority.

There are about 2.5 million federal workers who receive more than $60 billion in benefit payments from the program each year.

Federal officials have tried matching the fund's computer records with the Social Security Administration's death records, checking tax records and improving the timeliness of death reporting.

OPM has also sampled its records of all recipients more than 90 years old to confirm whether they are still alive. In 2009, there were more than 125,000 recipients identified as over 90 and about 3,400 over 100 years old.

Both the Obama administration and Congress have made it a higher priority to crack down on improper government payments.

Last year, government investigators found that more than 89,000 stimulus payments of $250 each from the massive economic recovery package went to people who were either dead or in prison.