State Sued Over Nursing Home Survey Backlog Amid Ongoing Legislative Overhaul

A class action lawsuit filed by nursing home residents against the Maryland Department of Health (MDH) is advancing, with plaintiffs alleging that the state’s failure to carry out required and timely inspections of nursing homes has resulted in substandard care. 

Meanwhile, delays in nursing home inspections have grave financial and legal repercussions for facilities as well, especially when struggling facilities change owners and the new owners have corrected the older citations. These dated citations often linger in the system for many years, experts told Skilled Nursing News earlier.

And for residents, stories of thousands of residents named in the lawsuit highlight the urgent need for survey reform, ranging from alleged missed medical treatments to unanswered calls for help.

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The issue of survey delays has also been taken up by the Maryland legislature, with one Maryland lawmaker calling the inspection backlog a “crisis.” Senator Ben Kramer, a vocal advocate for reform, noted that Maryland ranked among the worst states in the country for nursing home inspections. He played a key role in passing a new bill during the most recent General Assembly session aimed at improving the quality of care for residents.

The Maryland bill requires the state’s Department of Health to submit quarterly reports to the General Assembly, detailing the status of nursing home inspections in every jurisdiction, Kramer told and  ABC News affiliate in Maryland. This move is intended to increase transparency and accountability. If Governor Wes Moore signs the bill, it will take effect on July 1.

It’s unclear how the MDH has already taken steps to address inspection delays and complaints. 

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Similar efforts to alleviate survey backlogs – which have caused delays of more than three years in some cases – are underway in other states, including Oregon and Kentucky.

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