Nursing Home Patient Protection and Standards Act of 2013

To amend titles XVIII and XIX of the Social Security Act to improve oversight of nursing facilities under the Medicare and Medicaid programs by preventing inappropriate influence over surveyors, and for other purposes. 1. Short title This Act may be cited as the Nursing Home Patient Protection and Standards Act of 2013 2. Improving the rigor of testing for surveyors (a) Medicare Section 1819(g)(2)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2)(E)(iii) The testing program must be sufficiently rigorous (as determined by the Secretary) to ensure that surveyors are adequately prepared to survey and certify facilities in a consistent and accurate manner. (b) Medicaid Section 1919(g)(2)(E)(iii) of the Social Security Act ( 42 U.S.C. 1396r(g)(2)(E)(iii) The testing program must be sufficiently rigorous (as determined by the Secretary) to ensure that surveyors are adequately prepared to survey and certify facilities in a consistent and accurate manner. 3. Ensuring adequate staffing and training for State surveys of nursing homes (a) Medicare Section 1819(g)(2)(E) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2)(E) (iv) Adequate qualified staff for survey teams The Secretary, in consultation with the advisory committee under subparagraph (F), shall establish requirements for the qualifications and compensation of members of a survey team under this subsection and require that a State employs an adequate number of individuals as members of survey teams to ensure adequate oversight of skilled nursing facilities. (v) Continuing education In addition to the training and testing program required under clause (iii), the Secretary shall require that State and Federal surveyors regularly complete an adequate amount (as determined by the Secretary) of continuing education courses that meet requirements determined by the Secretary for content and the rigor of the material covered by such courses. An individual shall not serve as a member of a survey team unless the individual is in compliance with the requirements of this clause. . (b) Medicaid Section 1919(g)(2)(E) of the Social Security Act ( 42 U.S.C. 1396r(g)(2)(E) (iv) Adequate qualifed staff for survey teams The Secretary, in consultation with the advisory committee under subparagraph (F), shall establish requirements for the qualifications and compensation of members of a survey team under this subsection and require that a State employs an adequate number of individuals as members of survey teams to ensure adequate oversight of skilled nursing facilities. (v) Continuing education In addition to the training and testing program required under clause (iii), the Secretary shall require that State and Federal surveyors regularly complete an adequate amount (as determined by the Secretary) of continuing education courses that meet requirements determined by the Secretary for content and the rigor of the material covered by such courses. No individual shall serve as a member of a survey team unless the individual is in compliance with the requirements of this clause. . 4. Ensuring the independence and impartiality of surveyors (a) In general (1) Medicare Section 1819(g) of the Social Security Act ( 42 U.S.C. 1395i–3(g) (6) Reporting of inaccuracies (A) Covered individual defined For purposes of this paragraph, the term covered individual (i) who is a member of a State survey team under this subsection; or (ii) who is an employee of the State department or agency that conducts surveys under this section. (B) Reporting requirement A covered individual shall report to the Secretary any instance in which the individual suspects that— (i) a survey under this subsection fails to report or under reports an issue in a facility that could impact the safety or quality of care of the residents in such facility; or (ii) a member of the survey team or an employee of the State survey agency was inappropriately influenced (through the offering of monetary awards or through undue pressure) to alter the results of the survey. (C) Response to report If the Secretary receives a report under subparagraph (B) (D) Penalties for inappropriately influencing a surveyor Subject to subparagraph (H) (E) Whistleblower protections With respect to a covered individual, any officer or employee of the State may not— (i) discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to such individual, or in any other manner discriminate against an individual in the terms and conditions of employment because the individual submitted a report under subparagraph (B) (ii) file a complaint or a report against the individual with the appropriate State professional disciplinary agency because the individual submitted a report under subparagraph (B) (F) Penalties for violating whistleblower protections Subject to subparagraph (H) subparagraph (E) (G) Requirement to post notice Each State shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying the rights of covered individuals under this section. Such sign shall include— (i) a statement that a covered individual may file a complaint with the Secretary describing any violations of the provisions of this paragraph by an employee or officer of a State; and (ii) information concerning the form and manner in which such a complaint should be filed. (H) Construction related to legislative oversight For purposes of this paragraph, to the extent that a member of a State legislature requests that a covered individual appear at a hearing of a committee of such legislature or asks questions of such individual during such a hearing, the actions of such member shall not be construed in a manner that would subject such member to a penalty under this paragraph. . (2) Medicaid Section 1919(g) of the Social Security Act ( 42 U.S.C. 1396r(g) (6) Reporting of inaccuracies (A) Covered individual defined For purposes of this paragraph, the term covered individual (i) who is a member of a State survey team under this subsection; or (ii) who is an employee of the State department or agency that conducts surveys under this section. (B) Reporting requirement A covered individual shall report to the Secretary any instance in which the individual suspects that— (i) a survey under this subsection fails to report or under reports an issue in a facility that could impact the safety or quality of care of the residents in such facility; or (ii) a member of the survey team or an employee of the State survey agency was inappropriately influenced (through the offering of monetary awards or through undue pressure) to alter the results of the survey. (C) Response to report If the Secretary receives a report under subparagraph (B) (D) Penalties for inappropriately influencing a surveyor Subject to subparagraph (H) (E) Whistleblower protections With respect to a covered individual, any officer or employee of the State may not— (i) discharge, demote, suspend, threaten, harass, or deny a promotion or other employment-related benefit to such individual, or in any other manner discriminate against an individual in the terms and conditions of employment because the individual submitted a report under subparagraph (B) (ii) file a complaint or a report against the individual with the appropriate State professional disciplinary agency because the individual submitted a report under subparagraph (B) (F) Penalties for violating whistleblower protections Subject to subparagraph (H) subparagraph (E) (G) Requirement to post notice Each State shall post conspicuously in an appropriate location a sign (in a form specified by the Secretary) specifying the rights of covered individuals under this section. Such sign shall include— (i) a statement that a covered individual may file a complaint with the Secretary describing any violations of the provisions of this paragraph by an employee or officer of a State; and (ii) information concerning the form and manner in which such a complaint should be filed. (H) Construction related to legislative oversight For purposes of this paragraph, to the extent that a member of a State legislature requests that a covered individual appear at a hearing of a committee of such legislature or asks questions of such individual during such a hearing, the actions of such member shall not be construed in a manner that would subject such member to a penalty under this paragraph. . (b) Conforming amendments (1) Section 1819(f)(2)(B)(iii)(I)(c) of the Social Security Act (42 U.S.C. 1395i–3(f)(2)(B)(iii)(I)(c)) is amended by inserting , a civil monetary penalty described in section 1919(g)(6)(D) of not less than $10,000 of not less than $5,000 (2) Section 1919(f)(2)(B)(iii)(I)(c) of the Social Security Act (42 U.S.C. 1396r(f)(2)(B)(iii)(I)(c)) is amended by inserting , a civil monetary penalty described in (g)(6)(D) of not less than $10,000 of not less than $5,000 5. Advisory committee (a) Medicare Section 1819(g)(2) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2) (F) Advisory Committee (i) Establishment The Secretary shall establish an advisory committee on surveys under this paragraph. (ii) Membership The membership of the advisory committee under clause (i) (iii) Recommended standards The advisory committee under clause (i) (I) the adequate staffing of survey teams under this subsection; (II) the training of members of such teams; and (III) disclosing any contact between such members and individuals associated with skilled nursing facilities, and limiting such contact to prevent inappropriate influence of such members by such individuals. (iv) Other recommendations The advisory committee under clause (i) . (b) Medicaid Section 1919(g)(2) of the Social Security Act ( 42 U.S.C. 1396r(g)(2) (F) Advisory Committee (i) Establishment The Secretary shall establish an advisory committee on surveys under this paragraph. (ii) Membership The membership of the advisory committee under clause (i) (iii) Recommended standards The advisory committee under clause (i) (I) the adequate staffing of survey teams under this subsection; (II) the training of members of such teams; and (III) disclosing any contact between such members and individuals associated with nursing facilities, and limiting such contact to prevent inappropriate influence of such members by such individuals. (iv) Other recommendations The advisory committee under clause (i) . 6. Review of surveys (a) Medicare Section 1819(g)(2)(D) of the Social Security Act ( 42 U.S.C. 1395i–3(g)(2)(D) (1) by striking Each State (i) In general Each State ; and (2) by adding at the end the following new clause: (ii) Review of surveys The supervisor of the survey team shall review each survey conducted under this subsection to ensure that any issues that impact quality of care that are identified by such surveys are consistently and appropriately described and rated by the survey team. . (b) Medicaid Section 1919(g)(2)(D) of the Social Security Act ( 42 U.S.C. 1396r(g)(2)(D) (1) by striking Each State (i) In general Each State ; and (2) by adding at the end the following new clause: (ii) Review of surveys The supervisor of the survey team shall review each survey conducted under this subsection to ensure that any issues that impact quality of care that are identified by such surveys are consistently and appropriately described and rated by the survey team. .

Summary: Nursing Home Patient Protection and Standards Act of 2013 - Amends title XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to require testing programs in skilled nursing facility (SNF) survey and certification techniques to be sufficiently rigorous to ensure that surveyors are adequately prepared to survey and certify SNFs in a consistent and accurate manner. Directs the Secretary of Health and Human Services (HHS) to establish requirements: (1) for the qualification and compensation of members of a survey team, and (2) that a state employs an adequate number of individuals as members of survey teams to ensure adequate oversight of SNFs. Requires the Secretary, in addition to the training and testing program, to require that state and federal surveyors regularly complete an adequate number of continuing education courses meeting certain requirements for content and rigor of material. Requires covered individuals to report to the Secretary instances where surveys fail to report or under report an issue in a facility that could impact the safety or quality of care of its residents. Adds whistleblower protections for such individuals. Adds penalties for inappropriately influencing a surveyor. Requires the Secretary to establish an advisory committee on surveys. Requires survey team supervisors to review each conducted survey to ensure that any identified issues affecting quality of care are consistently and appropriately described and rated.