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Stellar Incentive for Nursing Homes

No one relishes admitting a loved one to a nursing home facility. It is a painful heart wrenching process that is often a last resort for most families. Nonetheless, the Centers for Medicare and Medicaid Services (“CMS”) recently announced the launching of a new rating system that will hopefully help individuals choose the most appropriate facility for a family member. If this rating system is successful, individuals will at least have the assurance that the facility they choose is the most suitable for their needs.
CMS is the federal agency that oversees the Medicare and Medicaid programs throughout the United States. It has indicated that it has developed a ranking system for nursing homes located in the United States giving each a “star rating.” Its goal is to provide individuals and their families with an assessment of nursing home quality that hopefully will be easy to understand. Meaningful distinctions will be made between high quality and low quality facilities. The ratings will range from one star, being the lowest grade, to a high grade of five stars and will be posted on CMS’s Nursing Home Compare Web site as of December of this year.
The current CMS web site assists patients and their families in making nursing home choices by providing information on quality of care, staffing and survey inspections. The new rating system will provide information in a consolidated and organized fashion allowing families to compare different nursing homes more easily. In addition, this new rating system will also provide an incentive for nursing homes to strive toward earning a high rating. It is quite understandable that no one will want a family member admitted to a facility with a rating of one star.
Despite the positive feedback on this new rating system, a certain amount of caution should be exercised. Information on the CMS website, while helpful and informative, should not be solely relied upon in selecting an appropriate nursing home. There is still no substitute for visiting the nursing home in person and meeting with the staff and other residents. If this star rating is used exclusively in the decision making process, poor choices might be made.
During the month of July, CMS will be soliciting ideas, comments and suggestions from the public. Any comments may be submitted to BetterCare@cms.hhs.gov.

Ronald A. Fatoullah, Esq., CELA is the principal of Ronald Fatoullah & Associates, a law firm that concentrates in elder law, estate planning, Medicaid planning, guardianships, estate administration, trusts and wills. The firm has offices in Forest Hills, Great Neck, Manhattan, Brooklyn and Cedarhurst, NY. Fatoullah has been named a “fellow” of the National Academy of Elder Law Attorneys and is a former member of its Board of Directors. He also serves on the Executive Committee of the Elder Law Section of the New York State Bar Association. Fatoullah chairs the Legal Committee of the Alzheimer’s Association, LI Chapter and serves on its Board of Directors. He is also a co-founder of the Senior Umbrella Network of Queens, and currently serves on its Board of Directors. This article was written with the assistance of Stacey Meshnick, Esq., a senior staff attorney at the firm. Meshnick supervises the Medicaid department at the firm. The firm can be reached by calling 718-261-1700, 516-466-4422 or toll free at 1-877-ELDER-LAW or 1-877-ESTATES.
*Certified as an elder law attorney by the National Elder Law Foundation.