CLOSE X

Breaking Down the Plan for Nursing Home Reform

It was estimated that 23 percent of all COVID-19-related deaths in the U.S. since the start of the pandemic were in nursing homes. And this percentage has gone down over time. In the early days of the pandemic, about 50 percent of the COVID-19-related deaths were in long-term care facilities.

The heroism of the nurses and staff caring for the aging, disabled and others needing long term care, especially during a pandemic, cannot go unnoticed. But these statistics have raised alarm bells about the safety and security of seniors and others needing long-term care.

In the State of the Union address on March 1, President Joe Biden made small mention of his plans for making long term care facilities, like nursing homes, safer. He said: “And as Wall Street firms take over more nursing homes, quality in those homes has gone down and costs have gone up. That ends on my watch. Medicare is going to set higher standards for nursing homes and make sure your loved ones get the care they deserve and that they expect.”

These brief remarks alluded to a broad strategy to improve the quality of care for seniors, people with disabilities and others living in nursing homes. The plan, explained in a fact sheet from the White House, seeks to ensure nursing homes and long-term care facilities have sufficient staffing, are held accountable for improper care and provide better information about conditions so people can make informed decisions about where they want to be.

A central part of the plan is setting required staffing levels at long-term care facilities to ensure adequate care around the clock. Skilled nursing was one area of healthcare that saw the biggest drop in employment during the pandemic, with about 8.4 percent of skilled nurses leaving the industry.

Advocates for long-term care and skilled nursing facilities argue for increased Medicaid funding, rather than putting more oversight staff. Without proper financial support, long-term care facilities can’t provide needed services or keep staff, Beth Martino, senior vice president of public affairs at the American Health Care Association/National Center for Assisted Living (AHCA/NCAL), said in Skilled Nursing News.

Long-term care facilities struggle with staff retention, Katie Smith Sloan, president and CEO of LeadingAge, an association of nonprofit aging service providers, told Keiser Health News. Setting minimum staff requirements, without also increasing Medicaid funding to these facilities won’t make keeping employees any easier.

The White House included a provision for the Centers for Medicare and Medicaid Services (CMS) to develop a template for states to request Medicaid funding for clinical staff wages and benefits in the plan. This may include additional pay for experience level or specializations.

If the administration accomplishes its goals for nursing home reform, this would be the largest increase in nursing home-related spending in four decades. A lot of the money – almost $500 million – would go towards funding for nursing home inspections. But, the question remains, where will this leave long-term care two, three or five years from now?

“Despite the tens of billions of federal taxpayer dollars flowing to nursing homes each year, too many continue to provide poor, sub-standard care that leads to avoidable resident harm … Without decisive action now, these unacceptable conditions may get worse,” the White House said in the fact sheet.

Other key elements of the reform, aside from staffing requirements, include reducing room crowding for facility residents, increasing performance incentives for skilled nursing facilities, and reinforcing safeguards against unnecessary medication and treatment. The Biden administration also plans to increase oversight over long-term care facilities and put measures in place to increase facility transparency. This will allow for those needing care, and their loved ones, to make informed decisions about their future.

As for next steps, the Biden administration has tasked the CMS to conduct a study on long-term care facility staffing and publish proposed regulations within the year.

FEI.com, Inc. dba FEI Systems – Notice of Data Security Incident

Columbia, Maryland, May 13, 2024 – FEI.com, Inc. dba FEI Systems (“FEI”) currently contracts with The Texas Health and Human Service Commission (“HHSC”) to provide a critical incident management system which captures critical incident reportable events for persons receiving services from health care providers in Texas (“Texas CIMS”). Among other things, Texas CIMS provides reports permitting health care providers to access certain personal information of individuals for whom they provide services.  The reporting tools in Texas CIMS are configured such that health care providers are able to view personal information only for those individuals they serve. Between May 1, 2023 and August 4, 2023, however, one of the reports in the system was not so configured, and, as a result, up to 17 administrators for various Texas health care providers may have viewed information in the report that did not belong to the individuals served by their respective providers. The information involved may have included individuals’ first names, last names, dates of birth, social security numbers, Medicaid IDs, and/or Care IDs.

FEI conducted a thorough review of the reasons why the information may have been viewable and has now remedied the issue such that provider administrators who access the report can only see information about the individuals directly served by their respective health care providers.  It is important to note that this was not a hacking incident. Instead, each of the provider administrators who may have accessed the report between May 1, 2023 and August 4, 2023 was authorized by HHSC to access Texas CIMS to view the confidential information of their health care providers and are trained to properly protect personal information, and each administrator attests upon signing on to Texas CIMS to protect the information that they see. FEI has no reason to believe the administrators that accessed Texas CIMS or the report at issue have misused any personal or sensitive information.

On May 9, 2024, FEI provided notice of this incident to potentially impacted individuals. In so doing, FEI provided information about the incident and about steps that potentially impacted individuals can take to protect their information. FEI also offered impacted individuals with access to complimentary credit monitoring and identity protection services.

FEI has established a toll-free call center to answer questions about the incident and to address related concerns. Call center representatives can be reached at 1-844-710-1716 between the hours of 8:00 a.m. to 8:00 p.m. Eastern time, Monday through Friday, excluding holidays.

The privacy and protection of personal information is a top priority for FEI, and FEI regrets any inconvenience or concern this incident may cause.

While we have no evidence of the misuse of any potentially impacted individual’s information, we are providing the following information to help those wanting to know more about steps they can take to protect themselves and their personal information:

 

What steps can I take to protect my personal information?

  • Please notify your financial institution immediately if you detect any suspicious activity on any of your accounts, including unauthorized transactions or new accounts opened in your name that you do not recognize. You should also promptly report any fraudulent activity or any suspected incidents of identity theft to proper law enforcement authorities.
  • You can request a copy of your credit report, free of charge, directly from each of the three nationwide credit reporting agencies. To do so, free of charge once every 12 months, please visit http://www.annualcreditreport.com or call toll free at 1-877-322-8228. Contact information for the three nationwide credit reporting agencies is listed at the bottom of this page.
  • You can take steps recommended by the Federal Trade Commission to protect yourself from identify theft. The FTC’s website offers helpful information at http://www.ftc.gov/idtheft.

How do I obtain a copy of my credit report?

You may obtain a free copy of your credit report from each of the three major credit reporting agencies once every 12 months by visiting http://www.annualcreditreport.com/, calling toll-free 877-322-8228, or by completing an Annual Credit Report Request Form and mailing it to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348. You also can contact one of the following three agencies:

How do I put a fraud alert on my account?

You may want to consider placing a fraud alert on your credit report. An initial fraud alert is free and will stay on your credit file for one year. The alert informs creditors of possible fraudulent activity within your report and requests that the creditor contact you prior to establishing any accounts in your name. To place a fraud alert on your credit report, contact any of the three credit reporting agencies identified above. Additional information is available at http://www.annualcreditreport.com.

 

How do I put a security freeze on my credit reports?

You have the right to place a security freeze on your credit report. A security freeze is intended to prevent credit, loans, and services from being approved in your name without your consent. To place a security freeze on your credit report, you need to make a request to each consumer reporting agency. You may make that request by certified mail, overnight mail, or regular stamped mail, or online by following the instructions found at the websites listed below. You will need to provide the following information when requesting a security freeze (note that if you are making a request for your spouse, this information must be provided for him/her as well): (1) full name, with middle initial and any suffixes; (2) Social Security number; (3) date of birth; and (4) address. You may also be asked to provide other personal information such as your email address, a copy of a government-issued identification card, and a copy of a recent utility bill or bank or insurance statement. It is essential that each copy be legible, display your name and current mailing address, and the date of issue. There is no charge to place, lift, or remove a freeze.

 

What should I do if my family member’s information was involved in the incident and is deceased?

You may choose to notify the three major credit bureaus, Equifax, Experian and TransUnion, and request they flag the deceased credit file. This will prevent the credit file information from being used to open credit. To make this request, mail a copy of your family member’s death certificate to each company at the addresses below.

  • Equifax
    Equifax Information Services
    P.O. Box 105139,
    Atlanta, GA 30348
  • Experian
    Experian Information Services
    P.O. Box 9701
    Allen, TX 75013
  • TransUnion
    Trans Union Information Services
    P.O. Box 2000
    Chester, PA 19016

What should I do if my minor child’s information is involved in the incident?

You can request that each of the three national credit reporting agencies perform a manual search for a minor’s Social Security number to determine if there is an associated credit report. Copies of identifying information for the minor and parent/guardian may be required, including birth or adoption certificate, Social Security card and government issued identification card. If a credit report exists, you should request a copy of the report and immediately report any fraudulent accounts to the credit reporting agency. You can also report any misuse of a minor’s information to the FTC at https://www.identitytheft.gov/. For more information about Child Identity Theft and instructions for requesting a manual Social Security number search, visit the FTC website: https://www.consumer.ftc.gov/articles/0040-child-identity-theft. Contact information for the three national credit reporting agencies may be found above.

 
Steps You Can Take to Further Protect Your Information

Review Your Account Statements and Notify Law Enforcement of Suspicious Activity

As a precautionary measure, we recommend that you remain vigilant by reviewing your account statements and credit reports closely. If you detect any suspicious activity on an account, you should promptly notify the financial institution or company with which the account is maintained. You also should promptly report any fraudulent activity or any suspected incidence of identity theft to proper law enforcement authorities, including your state attorney general and the Federal Trade Commission (FTC).

To file a complaint with the FTC, go to IdentityTheft.gov or call 1-877-ID-THEFT (877-438-4338). Complaints filed with the FTC will be added to the FTC’s Identity Theft Data Clearinghouse, which is a database made available to law enforcement agencies.

 

Obtain and Monitor Your Credit Report

We recommend that you obtain a free copy of your credit report from each of the three major credit reporting agencies once every 12 months by visiting www.annualcreditreport.com, calling toll-free 877-322-8228, or by completing an Annual Credit Report Request Form and mailing it to Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348. You can access the request form at https://www.annualcreditreport.com/requestReport/requestForm.action. Or you can elect to purchase a copy of your credit report by contacting one of the three national credit reporting agencies. Contact information for the three national credit reporting agencies for the purpose of requesting a copy of your credit report or for general inquiries is provided below:

Consider Placing a Fraud Alert on Your Credit Report

You may want to consider placing a fraud alert on your credit report. An initial fraud alert is free and will stay on your credit file for at least 90 days. The alert informs creditors of possible fraudulent activity within your report and requests that the creditor contact you prior to establishing any accounts in your name. To place a fraud alert on your credit report, contact any of the three credit reporting agencies identified above. Additional information is available at www.annualcreditreport.com.

 

Credit Report Monitoring/Identity Theft Protection Services

In addition, FEI will arrange to provide you with credit monitoring/identity theft protection services for one year, at no cost to you. Please contact us within 90 days of this notice to do so.