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DOCUMENT RESUME
02228 - (A1532528] Ea g4 t.
(Regiired Contributions by Relatives of Medicaid Nursing Home
Patients]. BRD-77-90; B-164031(3). May 26, 1977. 11 pp.
Repoct to Sen. Frank Church, Chairman, Senate Special Committee
on Aging; by Elmer B. Staats, Comptroller GeLeral.
Issue Area: Health Programs: Compliance With Financing Laws and
Regulations (1207); Consumer and Worker Protection:
Consumers Protection from Unfair or Deceptive Trade
Practices, Advertising, and Warranties (913).
Contact: Huma. Resources and Development Div.
Budget Function: Health: General Health Financing Assistance
(555); Health: Nursing Homes (557).
Organization Concerned: Department of Health, Education, aad
Welfare.
Congressional Relevance: Senate SpecLal Committee on Aging.
Authority: Social Security Act, as amended (42 U.S.C. 1396 et
seq.). 45 C.F.R. 250.30(a) (8). H.8. 92 (95th Cong.).
A sample of nursing homes in Florida, Georgia, Ohio,
and Utah was reviewed to determine whether nursing homes were
requiring contributions from the families of Medicaid patients
as a condition of the pat4.ents, admittance or continued
residence. Findings/Conclusions: There were no clear casks of
forced contributions, although rose families had felt
pressured into ccntributing. At present, Federal laws or
regulations do not specify what nursing hoses may or may not do
in soliciting contributions. The four states allowel
contributions, but only Florida forbade solicitation through
coercion or as a condition for admission or continued residence.
The lack of Federal guidance may have allowed subtle pressures
to be brought on the patients' families by taking advantage of
guilt feelings they might have over placing relatives in nursing
facilities rather than keeping them at home, and by creating a
fear that the home drop out of the Medicaid program, resulting
in the removal of these patients. Recommendations: HEW should
issue a policy statement to all states defining its position on
soliciting contributions. A standard form should be developed to
be signed by tha parties concerned clearly stating legal issues
and rights concerning contributions. Congress should amend
Social Security legislation to prevent possible abuses in this
area. (DJM)](ViewImageLocal?handle=hein.gao/gaobaacgh0001&div=1&collection=&method=preview&ext=.png&size=3)