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SR-106-023-02 (6) e \o-A fEB 0 9 1988 Santa Monica, California e RP: DTA: lb city council Meeting February 9, 1988 IP6 ..-(:)Z3-02. STAFF REPORT TO: Mayor and city council FROM: Commission on Older Americans SUBJECT: RECOMMENDATION TO ENDORSE REPORT ON PROBLEMS WITH PLACEMENT OF MEDI-CAL PATIENTS IN SANTA MONICA NURSING HOMES INTRODUCTION This report requests City Council's endorsement of a newly completed publication produced by the Commission on Older Americans and the Santa Monica Area Health Action Coalition. BACKGROUND The Commission on Older Americans and the Santa Monica Area Health Action Coalition have completed a report entitled "Problems with Placement of Medi-Cal Patients in Nursing Homes in the Santa Monica Area." The report addresses specific problems and makes recommendations in connection with placement of Medi-Cal patients in nursing homes. Nursing homes prefer not to accept Medicaid (Medi-Cal in California) patients because of low reimbursement rates and bureaucratic difficulties. Concern has been expressed in Santa Monica that local hospitals are having significant difficulties placing Medi-cal patients in area nursing homes. Further, because of recent changes in state law, some nursing homes have been decertifying and "discharging" Medi-Cal patients. These placement problems have placed tremendous physical and emotional stress on already burdened - 1 - lo-A R:a 0 9 1988 e e patients and their families as well as on health care professionals involved in the care and placement of Medi-cal patients. A copy of the report is attached for council review (Attachment I) . The Commission and the Coalition plan to hold a press conference in order to inform the pUblic of the existence of the report. FISCAL IMPACT The cost of distribution of the material will be minor and can be absorbed within the approved budgeted amount for FY 1987-88. RECOMMENDATION The Commission respectfully requests that the city Council endorse the report on Medi-Ca1 patients in nursing homes prepared by the Commission on Older American and the Health Action Coalition. Prepared by: Donald T. Arnett, Director Recreation and Parks Department coarprt:tb - 2 - ; e AM~chmc!'l'It T PROBLEMS WITH PLACEMENT OF MEDI-CAL PATIENTS IN NURSING HOMES IN THE SANTA MONICA AREA --I JoInt report fram the Santa Monica Area Health Action Coalition and the CommIssion on Older Americans of the City of Santa Monlca* by Gene L. Oppenheim. M.D.. M.P.H. Judy Gewertz. R.N., B.A. Sharman Ober-Reynolds, R.N., H.N. November 29, 1987 -The Santa Monica Area Health Action Coalition ($KAHAC) Is an organization of health care consumers. providers.' and c~nlty-based organizations which serves as an advocate at local. state. Ind national levels for the health needs of Santa Monica area low in-come. working class. and middle-class people. The Commission on Older AmerIcans of Santa Monica (ODA) Ie appointed by the City Council and acts In In advIsory and advocacy capacity to the City Council and City Management on matters pertainIng to older adults. e e $UMMARY NursIng homes prefer not to accept Medicaid (Medl-Cal In California) patients because of low reimbursement rates and bureaucratic difficulties. Concern has been expressed In Santa Monica, CalifornIa, that the local hospitals are having significant difficulties placing Hedi-Cal patients in local nursing homes. Further, because of recent changes in state law. same nursing homes have been decertifyIng and 'dumpIng' "edl-Cal patients. ~ recently sIgned state law may solve this problem. However, these occurences have placed tremendous physical and emotional stress on already burdened patients and their iamllles. In addition, the professionals involved In their care and placement have been burdened with unusual pressures. Several recommendations are presented which address these problems. BACKGROUND Medicaid Is the primary funding source for nursing homes in the United States. Approximately forty percent of the Medicaid budget nationwide Is directed to nursIng homes. Some patIents enter nursing homes as Medl-Cal beneficiaries. Many others pay their own way initiallY but receive Medl-Cal after they exhaust their savings. Nursing homes with low vacancy rates, however, prefer not to accept Medl-eal recipients. For one thing, Medl-Cal reimbursement rates tend to be far lower then the amount these instItutIons can charge their private pay patients. Moreover, accepting MedI-eal typically Involves a number of bureaucratic dIfficultIes. Santa Monica has a very high proportion of elderly residents. Although 10.1 percent of the population of the State of California is over the age of 65, 16.3 percent of Santa Monica residents are over 65. This community also Is rich In nursing home facilities. There are fourteen nursing homes wIth a total of 1,157 beds In Santa Monica, and ten In the Immediate surrounding area with a total of 670 beds. At a community meeting organized by the Santa Monica Area Health ActIon Coalition in November. 1986, several representatIves of local socIal service agencies expressed concern that nursing homes In the area were dropping provider agree~ents with (i.e., decertifying from) Medl-Cal. Therefore, it was becomIng increasingly more diffIcult to fInd places for "edl-Cal eligible patients. Soon after thIs meeting, the Santa Monica Area Health Action Coalition and the Commission on Older 1 e e Americans of the City of Santa Monica decided to study the Issue. A report! Issued by the LIttle Hoover CommissIon In May. 1987. called attention to an additional problem, This report noted that. although legislation passed in 1985 (Nursing Home Patients Protection Act of 1985> prohibits the forced removal of nursing home residents from a faCility when they .spend down- their private funds and convert to Hedl-Cal. nursing homes can -decertify from the "edi-Cal program. evict their Medi-Cal patients. and then seek recertification In the Medi-Cal program at a later date once the facilIties have increased their census with additional private paying residents who are more profitablel, By December. 1986. twenty-six facilities throughout the state had decertified. causIng -the forced eviction of more than 550 Medl-Cal residents., Same residents had paid as much as '100.000 of their own money for cafe prior to evIction. As the LIttle Hoover CommissIon noted. .These residents understood at the time of their admission that the facility would allow them to remain once they exhausted their private funds and converted to Medl-Cal.- Involuntary transfers were often Itraumatic. and resulted In a Ivariety of diffIcult emot~ona\, flnancla\. and health prOblems both for the residents who must be moved and for theIr loved ones.1 Recent legislation has been signed into Jaw that Irequires nursing facilities which withdraw fram the Hedi-Cal program to continue caring for current and potentIal "edl-eal patients who are In the facility when decertification takes place.12 It Is hoped this answers the prOblem of placement of patients on Kedi-Cal who are already in extended care facilities. The chief concern of this report Ls the question of the InitIal placement of KedI-Cal patients from hospItals and homes. and this concern Is not addressed by that law. METHODOLOGY This report describes a study conducted during May and June of 1987. It consisted of two parts. First. a survey Instrument was administered by phone to either the facIlity administrator or the head nurse of all but two of the 24 nursing homes In Santa Monica and the surrounding Zip code areas. The two exceptions consisted of a 'Iockedl faCility for mentally III patients and a faCility which limits admission to members of a particular secular order. (The questionnaire is included in Appendix I.) Second. discharge planners In the two hospitals In Santa lNew and Continuing Impediments to Improving the Qu~llty of Life and the Qualitvof Care in CalifornIa's Nursina Horoes--a report of the Commission on California State Government OrganizatIon and Economy. Prepared by Stephen R. Blum. Mav. 1987. 2AB 688 <Isenberg>. SENIORS IN SACRAMENTO. VOL. XV NO. 10. PAGE 4. OCTOBER 15. 1987. 2 e e Monica (Saint John~s Hospital and Health Center and Santa MonIca Hospital MedIcal Center> were asked for Information about their experiences placing Medl-Cal elIgible patients In nursing homes. DIscharge planner! are employed by hospitals to coordinate the care and placement of patients beIng discharged from their hospitals. They typically work In conjunctIon with patients, family members, frIends, and/or conservators. RESULTS (1) Phone Survey of Nursing Hames Of the 13 nursing homes surveyed In Santa "onlca, eight had Medl-eal certification; four lacked It~ an additional facIlity had decertified but had plans to recertify. Seven of the nIne nursing homes in the surroundIng area had certification. Moreover, one facilIty located In Santa Monica was planning to drop Its certification. and one In the area next to Santa Monica recentlY had decertified. The latter faCility currently Is being remodelled as a .prlvate only. facility. Administrators and nurses at some of the facilities who do have Medt-eal prOVider agreements stated that they accepted only Medicare or private pay patIents but refrained from Info~lng the public about this practice. Several respondents also complained about the taw reimbursement rate of Meal-Cal, ~hlch. they argued, prevented them from deliverIng high quality care. They also complained about .hassles. with the Medl-Cal bUreaucracy. Overall, the nursing homes In both Santa Monica and the surrounding area reported occupancy rates of between 90 and 100 percent. (2) Interviews with Discharge Planners DISCharge planners stated that, although several nursing homes In the Santa Honlca area currently have MedI-Cal certification. the number had dropped by fifty percent (from 14 to 7) during the past two years. Moreover. because many prIvate pav patients eventually convert to Medl-Cal, many facilities reserve their Medl-Cal beds for such patients. As a result, it Is extremely dIfficult to place Medl-Cal eligible patients who are released from their hospitals. As one dIscharge planner remarked. "It Is with great rarity that my co-workers and I are successful In placIng these patients locally. We view thIs as a critical Issue and have real concern that soon no spaCe will exist In Santa Monica for the "edi-eal status patient." A second dIscharge planner called the problem a .human tragedy". Three case studies reported by discharge planners at the two hospItalS Illustrate the dImensions of this tragedy. All three had Medi-Cal coverage. 11 Mr. B., a Chronically ill 82 year-old patient, was 3 e e admitted to the hospItal f~am a local nursIng home with two stage IV decubitus ulcers and various other acute medical problems. His hospItalizatIon lasted several weeks; the nursing home could not hold his bed open. and hIs wIfe. a KedI-Cal recipient as Is the patIent. could not afford to reserve It. The patIent was quite confused and needed total care. He was Incontinent and suffered frem contractures whIch permanently fixed his body Into a fetal positIon. HIs decubItus ulcers. though Improved. requIred regular and constant treatment. A thorOUgh search was launched by the hospital discharge planner for a bed in a local facIlIty. Though several weeks were spent In this search. the only avaIlable bed whIch could be located was In Hollywood. a 40 minute drive by car and a most diffIcult bus ride. Because the patIent could not remaIn in the hospital IndefInitelY. the patIent's wife had no recourse but to accept the bed. This caused a great hardshIp in several ways. Though the patient was confused. he always knew when his wife was present and was most comforted by her presence. She would no longer be able to visit dally because she did not drive and the bus ride was too arduous. according to her physician. She had to rely on friends and family. most of whom worked durIng the day. In addition. because the patient could not express his needs. his primary advocate. his wife. would not be regularlY avaIlable to ensure that staff were maximally responsive to him. Finally. the patIent was forced to give up his regular physicIan. which was extremely stressful for the patient's wife and family. 12 Mr. and Mrs. D. are in their 80's. Mr. D. has dementia. possibly early AlzheImer's DIsease. He has a secondary diagnosis of a previous heart attack and respiratory problems. Mrs. D. has been caring for him at home with little relIef for the past 3 years. The patient has become belligerent. Incontinent at times. and non-compliant with his medications. Hr. D. Is not elIgible under Medicare coverage for help at home. Mrs. D. can no longer maintain her husband at home. and has been struggling with the guilt of placing hIm in an extended care facility. The husband has Hedl-Cal and must be placed In a nursing home that accepts "edl-Cal. Mrs. D.'s only transportation is the bus. and she wanted to visit her husband dally. No nursing home In the Santa Monica area would admit Hr. D. because he was Medi-Cal qualified only. He was placed in a facility In downtown Los Angeles. and Mrs. D. was devastated. She can only make Infrequent visits to her husband. The patient's phYSicIan of many years WiS unable to follow him at the faCility. .3 Mrs. W. Is a wIdowed. childless woman. Who has been reSiding In a local nursIng care facIlIty, with only one 4 e e good friend as & contact. She is alert. oriented and wheelchal~-bound. When she was admitted to the hospital, he~ nu~slng home bed was given away by the local facility after seven days. They then stated that they could not readmit her. She was transferred to a distant facility where her contact with her one signifIcant frIend. who is also elderly, wi]1 be greatly limited. One discharge planner commented, "These situations are tragIc, typical and on the Increase. Our elderly deserve better than to end up as same undesirable and unwanted commodity--undesirable and unwanted because they will have an adverse effect on some corporate bottom line. They deserve dignity and adequate care regardless of their ability to pay." CO~CLUSION Because nursing homes have few empty beds, it Is diffIcult to find places for any patient released from acute-care hospitals. The problems are compounded for Medl-Cal patients. Although a number of nursing homes have Medi-Cal provider agreements and claim to accept new Medi-Cal patients. discharge planners at Santa MonIca and Saint John~s Hospitals report that they are unable to place the great majority of "edi-Cal beneficiaries in local facilities. Patients placed In facilities a distance from their family and friends suffer fram both placement in the institutIon and separation from friends and familY, Without these people to act as advocate. these same patients often receive the poorest quality of care. The number of nurSing homes accepting Kedi-Cal patients has fallen dramatica]ly during the past two years and continues to drop. One institutIon in the area adjacent to Santa Monica recently relinquiShed Its Medi-Cal provider agreement. and one in Santa Monica had plans to decertify. The situation has reached crisis proportion. RECOMMENDATIONS 1. California should enact legislation requiring nursing homes to reserve a set percentage of beds for Medi-Cal recipients. 2. The State and federal Governments should investigate the effect of low reimbursement rates from Medicaid for the care of nursing home patients. In particular, It should address the question of reasonable cost of caring for these patients. 3. The State should make timely evaluations regarding the effects of Assembly Bil] 686. 4. The Federal Government should adopt a plan to pay for the long term care of its growing, frail elderly population. 5 I . . ~ e e '- -. ~~ . , SURVEY OF WESTSIOE NURSING HOMES REGARDING THEIR MEDI-CAL PROVIDER AGREEMENT 1. Name and address of nurslng home... 2. Contact person... 3. How many staffed beds do you have? 4. What 1S your average occupancy rate (percent)? 5. 00 you have a Med1-Ca1 Prov1der agreement? Yes No IF THE ANSWER TO NUMBER 5 IS "YES"~ SKIP TO NUMBER 9. 6. Have you had one 1n the last 3 years? Yes No If no, why not? 7. If number 6 is yes: When was 1t discontinued? 8. If number 6 is yes: Why was it dlscontlnued? ANSWER 9-11 ONLY IF THE ANSWER TO NUMBER 5 IS YES. IF NO, SKIP TO 12. 9. What 1S the average number of beds accupled by Medl-Cal patients? 10. Are you presently acceptlng new Medl-Cal patlents? Yes No 1,. Do you plan on maintainlng your Medi-Cal Provider agreement? Yes No If no, when will it end? If no, why will 1t be dlscontinued? 12. Do you have any comments? THANK YOU VERY MUCH AppendlX I