State Legislators Take Action Against Nursing Home Survey Backlogs

States with significant survey backlogs have prompted lawmakers to take action, in one case possibly requiring the state health department to provide quarterly reports on the progress of nursing home inspections.

In Maryland, a bill awaiting the governor’s approval will require the state office of Health Care Quality to report to local jurisdictions every six months on inspection progress within each county.

Meanwhile, other states, including Oregon, have hired outside contractors with licensed surveyors to help with survey backlogs. Oregon’s health department also hired a consultant to evaluate the department which licenses and regulates long-term care providers to determine adequate staff and resources, according to a report from Oregon Live.

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And Kentucky, is addressing its survey backlog by increasing pay for surveyors, hiring private contractors like Oregon has done, and considering career advancement for licensed practical nurses (LPNs) to become surveyors. The state is also prioritizing nursing homes with a history of serious citations or complaints from among the backlog.

The original Maryland bill would have allowed counties to take over future nursing home inspections from the health department, freeing up the state to work on the remaining backlog. It was amended when the health department argued that decision would actually cost the state more money and other complications.

The Maryland bill was spurred by some facilities being more than four years behind schedule – the state has 220 nursing homes currently in operation and ranks second to last in the nation in terms of timely inspections, according to data tracked by StarPro. Alabama stands last in timely inspections.

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A group of nursing home residents filed a lawsuit in May 2024 against the state Department of Health for neglect experienced in Maryland nursing homes, with a lack of inspections cited as a contributing factor.

Maryland Health Department said they have made progress in the last 16 months, reducing the backlog with more than half of facilities having received an inspection, but more needs to be done, lawmakers said.

The state’s Deputy Secretary for the Health Department on Public Health Dr. Nilesh Kalyanaraman said that the agency would need two more years to catch up based on current pace and staff – the department has needed to train staff to conduct inspections, which takes about a week.