To amend title XVIII of the Social Security Act to protect the rights of, and improve the quality of services provided to, end stage renal disease patients.
End Stage Renal Disease Patient Protection and Quality Assurance Act of 1989 - Amends title XVIII (Medicare) of the Social Security Act to require providers of end stage renal disease services to protect and promote listed patient rights regarding the quality of patient care and the provision of information about the renal disease facility. Requires providers to have a registered professional nurse experienced in dialytic therapy available during dialysis treatment to direct any technicians providing such treatment.
Makes States responsible for certifying the compliance of end stage renal disease facilities with Medicare requirements on the basis of surveys conducted by a multidisciplinary team of professionals. Requires that an unannounced standard survey be conducted with respect to each facility at at least 15 month intervals (though the Statewide average interval may not exceed one year) and within two months of any change of ownership, administration, or management of the facility. Subjects facilities which perform poorly on such surveys to an extended survey, though any other facility may, at the Secretary of Health and Human Services, or the State's discretion, be subject to an extended survey. Authorizes the Secretary to perform a special survey when there is reason to question a facility's compliance with Medicare requirements. Requires the disclosure of survey results.
Requires a renal disease network administrative organization with which a patient files a grievance against a facility to disclose the findings and consequences of its investigation into such grievance to the facility administrator and the complainant. Authorizes States to award annual "excellence in quality" designations to facilities that have achieved outstanding quality in various categories of care.
Directs the Secretary to establish a board of experts and at least one patient to advise the Secretary in establishing end stage renal disease service quality standards, survey protocols, minimum surveyor qualifications, and uniform instructional guidelines for surveyors and providers outlining the methodology by which facilities will be judged under surveys. Sets forth reporting requirements.
Subjects end stage renal disease facilities to the same enforcement process as skilled nursing facilities are subject to when found out of compliance with Medicare requirements.
Adjusts the duties of renal disease network administrative organizations so that while such organizations are no longer responsible for conducting on-site reviews of facilities and providers they are assigned new duties which include: (1) giving special attention to the correction of minority underrepresentation in transplantation and self-care options; (2) verifying each facility's implementation of a grievance mechanism as required by this Act and informing all patients of its own patient grievance mechanism; (3) developing and implementing specified informational services for patients and facilities; and (4) participating in special studies designed by the United States Renal Data System to help develop and evaluate indices of quality care or for other purposes relevant to the maintenance of such system.
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Health and the Environment.
Referred to the Subcommittee on Health.
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