44% Of Nursing Homes Cited For Infection Prevention Deficiencies: The Department of Health and Human Services Office of Inspector General (“OIG”) issued a report in July 2022 entitled “Certain Nursing Homes May Not Have Complied With Federal Requirements for Infection Prevention and Control and Emergency Preparedness,” in which the OIG stated: “As of March 26, 2020, there were 15,446 Medicare and Medicaid certified nursing homes. We analyzed SSA survey data on Medicare.gov for the most recent standard surveys and the previous 12 months of complaint surveys. Based on that analysis, we determined that 6,830 nursing homes (approximately 44 percent) had been cited for IPCP [infection prevention and control program] deficiencies related to: (1) not providing and implementing an infection prevention and control program (6,169 nursing homes), (2) not developing and implementing policies and procedures for flu and pneumonia vaccinations (243 nursing homes), or (3) both (418 nursing homes).”
Medicare.gov indicated that 39 of the 6,830 nursing homes had not provided a plan of correction for the infection prevention and control deficiencies to the SSAs as of March 26, 2020. The deficiencies included:
• failure of surveillance program to identify and prevent the spread of possible communicable diseases or infections,
• improper hand hygiene among staff and residents,
• failure to disinfect shared equipment between uses, and
• improper care and storage of a resident’s nebulizer mask and tubing that was attached to the nebulizer machine.
“We contacted the 39 nursing homes and requested that they provide us with documentation related to infection prevention and control and emergency preparedness program policies and procedures that were in effect from January 1, 2019, through May 31, 2020. This documentation included, but was not limited to, the nursing homes’ IPCP policies and procedures, information regarding the infection preventionist position, quality assessment and assurance committees (QAAC), training, all-hazards risk assessments, and emergency preparedness policies and procedures. We reviewed these documents to determine whether the nursing homes complied with Federal requirements for infection prevention and control and infection-control-related emergency preparedness. CMS officials informed us that actual deficiencies are cited onsite following a thorough investigation by trained Federal, State, and contractual surveyors to determine compliance with the Federal requirements for participation (i.e., the minimum health and safety standards). Therefore, we defer to trained surveyors who may conduct a followup review at the selected nursing homes to determine whether a deficiency exists for each condition identified in this report.”
“Specifically, 28 of the 39 nursing homes had possible deficiencies, 18 and 18 of these nursing homes had more than 1 possible deficiency. We found 48 instances at 25 nursing homes of possible noncompliance with infection prevention and control requirements … We also found 18 instances at 18 nursing homes of possible noncompliance with emergency preparedness requirements related to all-hazards risk assessments and strategies to address emerging infectious diseases … We found that 25 of the 39 nursing homes had at least 1 possible deficiency related to infection prevention and control, and 14 of the 25 nursing homes had more than 1 possible deficiency totaling 48 possible deficiencies.”
If you or a loved one suffered injuries (or worse) while a resident of a nursing home in the United States due to an infection acquired in a nursing home, nursing home neglect, nursing home negligence, nursing home abuse, or nursing home fraud, you should promptly contact a local nursing home claim attorney in your state who may investigate your nursing home claim for you and file a nursing home claim on your behalf or on behalf of your loved one, if appropriate.
Visit our website to be connected with medical malpractice lawyers (nursing home claim lawyers) in your U.S. state who may assist you with your nursing home claim, or call us toll-free in the United States at 800-295-3959.
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