Next Avenue: The Nursing Home Vulnerabilities that Led to Disaster (March 26, 2021)

The pandemic has exacerbated and raised awareness about the poor conditions in many nursing homes nationwide. But those conditions existed before COVID-19 hit the U.S., and they are likely to continue unless changes are made, experts say.

“We see continued and routine noncompliance” with laws and regulations, said Eric Carlson, directing attorney with Justice in Aging, a nonprofit that fights against poverty among older Americans. “There are facilities that have business practices that are inconsistent with the law – for example, they treat Medicaid patients more poorly, and there’s a federal statute that says you can’t discriminate based on reimbursement source.”

Too often, he said, CMS “does not recognize the violation, or if it does recognize it, it doesn’t impose a penalty.”