Medicare and Medicaid Nursing Home Quality Care Amendments of 1987

Medicare and Medicaid Nursing Home Quality Care Amendments of 1987 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act to impose a common set of requirements on Medicare skilled nursing facilities and Medicaid intermediate care facilities (nursing facilities). Includes within such set requirements that nursing facilities: (1) maintain clinical records on all residents and assess, upon the resident's admission and periodically thereafter, the resident's mental, physical, and psychosocial needs, utilizing a minimum data set to be established by the Secretary of Health and Human Services; (2) provide 24-hour nursing services, employ at least one full-time registered professional nurse (both staffing requirements are currently imposed on skilled nursing facilities), and employ at least one full-time social worker; (3) provide care without requiring certain assurances regarding the source of payment for such services or discriminating against individuals who are eligible for Medicare or Medicaid; (4) protect specified resident rights and notify residents regarding such rights; (5) transfer or discharge a resident without the resident's consent only when such action is essential to the resident's welfare, the health or safety of others would otherwise be endangered, or the resident fails to pay allowable charges, and only after complying with specified procedures; (6) provide the Secretary, the States, service providers, and resident relatives with specified access and visitation rights; (7) maintain a quality assessment and assurance program which is attuned to the comments and complaints of nursing facility staff and residents; (8) require each of their nursing aides to successfully complete a training and testing program that entails competency-based testing before the assumption of direct resident care and at least 100 hours of initial training; and (9) protect a resident's personal funds. Requires, in addition, that Medicare skilled nursing facilities create or revise a written plan of care for each of their residents after making an assessment of a resident's mental, physical, and psychosocial needs.

Directs the Secretary to establish a program providing grants to Medicare skilled nursing facilities for facility projects that enhance the quality of care or life of facility residents. Sets forth reporting requirements. Authorizes appropriations for such program for FY 1988 through 1990.

Provides for Federal inspection and certification of Medicaid intermediate care facilities. (Currently States survey and certify such facilities.)

Requires that intermediate care and skilled nursing survey results be posted in a place accessible to patients.

Amends part A (General Provisions) of title XI of the Act to authorize the Secretary to make provider performance reports available to the public after giving the provider 30 days (currently, 60 days) to review and comment on such reports, but removes time restrictions on the release of such information to ombudsmen.

Amends the Medicare program to make the Secretary responsible for certifying State nursing facilities and States responsible for certifying other nursing facilities. Bases such certification on surveys to be conducted by a multidisciplinary team of professionals upon any change in the ownership of the nursing facility and, on an unannounced basis, at nine- to 15-month intervals. Subjects nursing facilities with poor compliance records to extended surveys. Directs the Secretary to develop and test a protocol for conducting surveys.

Requires States to: (1) provide for the investigation of complaints against nursing facilities; (2) use specialized survey teams to survey and carry out enforcement action against chronically substandard nursing facilities; and (3) provide survey teams with specified training in survey and certification techniques. Requires that State long-term care ombudsmen be notified of any adverse action to be taken against a nursing facility.

Directs the Secretary to establish criteria and procedures for evaluating a nursing facility's plans for the correction of its violation of Medicare and Medicaid nursing facility standards.

Requires the Secretary to: (1) conduct surveys of no fewer than five percent of the nursing facilities surveyed by each State in a year to test the adequacy of each State's surveys; and (2) prescribe standards for measuring the performance of State survey and certification programs and sanctions against States failing to meet such standards.

Requires that survey results and nursing facility cost report information be made available to the public.

Directs the Secretary and the States to develop: (1) a range of intermediate sanctions to apply to nursing facilities whose violation of nursing facility standards does not immediately jeopardize the health and safety of their residents; and (2) specific criteria as to when and how intermediate sanctions are to be applied, with incrementally more severe fines being imposed for repeated or uncorrected deficiencies. Requires the Secretary to review, at least once every three months, the effectiveness of intermediate sanctions imposed by States. Authorizes the Secretary and the States to appoint a receiver to establish and oversee the implementation of a plan to bring nursing facilities into compliance with Medicare and Medicaid requirements when they chronically fail to satisfy such requirements or their deficiencies immediately jeopardize residents' health and safety.

Directs the Secretary to compile and periodically update a list of items and services covered under each State Medicaid plan and make such list available to Medicaid beneficiaries and providers.

Amends part A (General Provisions) of title IX of the Act to require the Director of the Office of Technology Assessment to establish a National Commission on Long-Term Care composed of members having expertise in the provision and financing of long-term care. Requires the Commission to advise the Congress regarding: (1) methods of ensuring the quality of care in long-term care facilities and home-care programs; (2) the costs, appropriate staffing, and reimbursement of such facilities and programs; and (3) the access of Medicare and Medicaid beneficiaries to such facilities and programs. Sets forth reporting requirements. Authorizes appropriations for such Commission.