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Infection Control Deficiencies Were Widespread and Persistent in Nursing Homes Prior to COVID-19 Pandemic (GAO-20-576R)

Summary

A GAO report, GAO-20-576R, dated May 20, 2020, to Senator Ron Wyden, Ranking Member of the Senate Committee on Finance, on infection control in nursing homes before the COVID-19 pandemic. It notes the nation's 1.4 million nursing home residents and estimates of more than 25,000 COVID-19 deaths in nursing homes as of May 2020. It explains that the Centers for Medicare & Medicaid Services (CMS) is responsible for ensuring that approximately 15,500 nursing homes meet federal quality standards and works through state survey agencies that cite deficiencies. The report describes the prevalence of infection prevention and control deficiencies in nursing homes before the pandemic.

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441 G St. N.W.
Washington, DC 20548

May 20, 2020

The Honorable Ron Wyden
Ranking Member
Committee on Finance
United States Senate

Infection Control Deficiencies Were Widespread and Persistent in Nursing Homes Prior
to COVID-19 Pandemic

Dear Senator Wyden:

The Coronavirus Disease 2019 (COVID-19) originated in late 2019 as a new and highly
contagious respiratory disease causing severe illness and death, particularly among the
elderly. 1 Because of this, the health and safety of the nation’s 1.4 million nursing home
residents—who are often in frail health and living in close proximity to one another—has been a
particular concern. One of the first major outbreaks reported in the U.S. occurred in a
Washington State nursing home in February 2020. Since then, there has been a rapid increase
in the number of COVID-19 cases in U.S. nursing homes, with estimates of more than 25,000
deaths as of May 2020. 2

The Centers for Medicare & Medicaid Services (CMS), an agency within the Department of
Health and Human Services (HHS), is responsible for ensuring approximately 15,500 nursing
homes nationwide meet federal quality standards to participate in the Medicare and Medicaid
programs. These standards require, for example, that nursing homes establish and maintain an
infection prevention and control program. 3 To monitor compliance with these standards, CMS
enters into agreements with agencies in each state government—known as state survey
agencies—and oversees the work the state survey agencies do.

In general, CMS requires that state survey agencies conduct standard surveys, or evaluations,
approximately once each year of the state’s nursing homes and investigate both complaints




1Patel, A., Jernigan, D.B. “Initial Public Health Response and Interim Clinical Guidance for the 2019 Novel

Coronavirus Outbreak—United States, December 31, 2019–February 4, 2020.” CDC Morbidity and Mortality Weekly
Report. vol. 69: 140–146 (2020).
2For examples, see Kaiser Family Foundation, “State Reports of Long-Term Care Facility Cases and Deaths Related

to COVID-19 (as of May 7, 2020),” May 7, 2020. Also, see K. Yourish, K.K.R. Lai, D. Ivory, and M. Smith, “One-Third
of All U.S. Coronavirus Deaths are Nursing Home Residents or Workers,” New York Times, May 11, 2020.
3At a minimum, nursing homes must (1) have a system to prevent, identify, report, investigate, and control infections

and communicable diseases for all residents, staff, volunteers, visitors, and others providing services in the home; (2)
have written standards, policies, and procedures for their infection prevention and control program; (3) have antibiotic
use protocols and a system to monitor antibiotic use; and (4) have a system for recording incidents identified under
the home’s infection prevention and control program and any corrective actions taken. 42 C.F.R. § 483.80(a)(1)-(4)
(2019).



Page 1                                                                  GAO-20-576R Nursing Home Infection Control
from the public and facility-reported incidents regarding resident care or safety. 4 If a surveyor
from a state survey agency determines that a nursing home violated a federal standard during a
survey or investigation, a nursing home receives a deficiency code specific to that standard,
known as a deficiency. Surveyors then classify cited deficiencies into categories according to
scope (the number of residents potentially affected) and severity (the potential for or occurrence
of harm to residents). 5

When nursing homes are cited with deficiencies, federal enforcement actions can be imposed to
encourage homes to make corrections. 6 In general, for deficiencies with a higher scope and
severity, CMS may impose certain enforcement actions so that the enforcement actions are
implemented—that is, put into effect—immediately. 7 For other deficiencies with a lower scope
and severity, the nursing home may be given an opportunity to correct the deficiencies, which, if
corrected before the scheduled effective date, can result in the imposed enforcement action not
being implemented. Nursing homes are required to submit a plan of correction that addresses
how the home would correct the noncompliance and implement systemic change to ensure the
deficient practice would not recur. 8

In light of the COVID-19 pandemic, you asked us to examine CMS’s oversight of infection
prevention and control protocols and the adequacy of emergency preparedness standards for
emerging infectious diseases in nursing homes, as well as CMS’s response to the pandemic.
This report describes the prevalence of infection prevention and control deficiencies in nursing
homes prior to the COVID-19 pandemic. Future GAO reports will examine more broadly
infection prevention and control and emergency preparedness in nursing homes and CMS’s
response to the COVID-19 pandemic, including recent actions CMS has announced. 9

To describe the prevalence of infection prevention and control deficiencies in nursing homes
prior to the COVID-19 pandemic, we reviewed CMS guidance and analyzed data on nursing


4By law, every nursing home receiving Medicare or Medicaid payment must undergo a standard survey during which

teams of state surveyors conduct a comprehensive on-site evaluation of compliance with federal quality standards.
These surveys must occur at least once every 15 months, with a statewide average interval for surveys not to exceed
12 months.
5CMS categorizes deficiencies into one of three scope categories based on whether the incident was: (1) an isolated

occurrence; (2) a part of a pattern of behavior; or (3) a widespread behavior. CMS categorizes deficiencies into one
of four severity categories based on whether the deficiency constitutes: (1) no actual harm with a potential for minimal
harm; (2) no actual harm with a potential for more than minimal harm, but not immediate jeopardy; (3) actual harm
that is not immediate jeopardy; or (4) immediate jeopardy to resident health or safety.
6CMS guidance does not require enforcement actions be imposed for all deficiencies. Enforcement actions include,

but are not limited to, directed in-service training, fines known as civil money penalties, denial of payment, and
termination from the Medicare and Medicaid programs.
7The scope and severity of a deficiency is one of the factors that CMS may take into account when imposing

enforcement actions. CMS may also consider a nursing home’s prior compliance history, desired corrective action
and long-term compliance, and the number and severity of all the nursing home’s deficiencies.
8The plan of correction serves as the nursing home’s allegation of compliance. Depending on the severity of the

deficiency cited, surveyors revisit the nursing home to ensure that the home actually implemented its plan and
corrected the deficiency.
9See, for example, CMS, Center for Clinical Standards and Quality/Quality Safety & Oversight Group, Upcoming

Requirements for Notification of Confirmed COVID-19 (or COVID-19 Persons under Investigation) among Residents
and Staff in Nursing Homes, QSO-20-26-NH (April 19, 2020).



Page 2                                                                   GAO-20-576R Nursing Home Infection Control
home deficiencies cited by surveyors in all 50 states and Washington, D.C., from 2013 through
2017 provided by CMS for a prior GAO report, with a particular focus on deficiencies related to
infection prevention and control. 10 Using these data, we analyzed the deficiency code used by
state surveyors when a nursing home fails to meet CMS’s requirements for infection prevention
and control. 11 Also using CMS’s data, we determined the most common type of deficiency
among nursing homes, the number of nursing homes that had infection prevention and control
deficiencies, as well as the number of homes with repeated infection prevention and control
deficiencies over the 5-year period from 2013 through 2017 and the characteristics of those
homes.

We also used CMS’s data to identify the enforcement actions associated with these
deficiencies. CMS’s data also included narratives written by state surveyors describing the
deficiencies they identified. We reviewed examples of these narratives written by state
surveyors to illustrate infection prevention and control deficiencies with varying severity levels.
In addition to the 2013 through 2017 data we obtained from CMS for a prior report, we also
examined the number of nursing homes that had infection prevention and control deficiencies in
2018 and 2019 by analyzing publicly available data from CMS’s Nursing Home Compare
website. 12 We assessed the reliability of each of the datasets used in our analyses by checking
for missing values and obvious errors and reviewing relevant CMS documents and other
documentation from our prior report that used these data. We determined the data were
sufficiently reliable for the purposes of this reporting objective.

This report focuses on the prevalence of infection prevention and control deficiencies in nursing
homes in the years prior to the COVID-19 pandemic. It does not examine CMS’s actions to


10GAO, Nursing Homes: Improved Oversight Needed to Better Protect Residents from Abuse, GAO-19-433,

(Washington, D.C.: June 13, 2019). This report is our most recent analysis of CMS nursing home deficiency data,
part of a broader GAO body of work examining weaknesses in CMS oversight of nursing homes. For brief summaries
of GAO reports on the health and welfare of the elderly in nursing homes and other settings since 2015, including any
recommendations, see Nursing Homes: Better Oversight Needed to Protect Residents from Abuse, GAO-20-259T,
(Washington, D.C.: Nov. 14, 2019).
For the purposes of this report, we include Washington, D.C., when we refer to data for states.
11CMS’s State Operations Manual provides guidance to state surveyors of nursing homes to determine compliance

with federal quality standards, including those related to federal infection prevention and control program
requirements. We reviewed Appendix PP of the State Operations Manual because it is the section that provides
guidance to state surveyors about determining compliance with federal quality standards and their associated
deficiency codes. We used the March 8, 2017, version of the Appendix PP—the most recent version during our
period of review—when determining which deficiency codes to analyze for this report. CMS, State Operations
Manual, Appendix PP—Guidance to Surveyors for Long Term Care Facilities. (March 8, 2017). We also reviewed the
multiple revisions to Appendix PP in the State Operations Manual during the period of our review (January 1, 2013,
through November 27, 2017). Specifically, there were eight updates to the appendix during the 5-year period. The
November 26, 2014, revision to Appendix PP added new guidance and investigative criteria relating to single-use
disposable equipment, single-dose medication, and insulin pens, as well as additional guidance on procedures for
handling linens to prevent and control infection transmission. Otherwise, none of the other revisions significantly
changed the infection prevention and control deficiency citation code used by state surveyors.

CMS restructured its deficiency code system beginning on November 28, 2017, and, due to these coding changes,
we did not analyze CMS deficiency data cited by surveyors from November 28, 2017, through December 31, 2017.
12To perform this 2018-2019 analysis, we examined nursing homes cited with the current infection prevention and

control deficiency code that went into effect as part of CMS’s restructured deficiency coding system on November 28,
2017. The CMS Nursing Home Compare Provider Information files were accessed on April 23, 2020, from
https://data.medicare.gov/data/archives/nursing-home-compare.



Page 3                                                                 GAO-20-576R Nursing Home Infection Control
address these issues, including actions announced beginning in March 2020 in light of the
COVID-19 pandemic. We will examine CMS’s actions in a future report.

We conducted this performance audit from April 2020 to May 2020 in accordance with generally
accepted government auditing standards. Those standards require that we plan and perform the
audit to obtain sufficient, appropriate evidence to provide a reasonable basis for our findings
and conclusions based on our audit objectives. We believe that the evidence obtained provides
a reasonable basis for our findings and conclusions based on our audit objectives.

Most Nursing Homes Had Infection Control Deficiencies Prior to the COVID-19 Pandemic;
Half of These Homes Had Persistent Problems

Our analysis of CMS data shows that infection prevention and control deficiencies were the
most common type of deficiency cited in surveyed nursing homes, with most nursing homes
having an infection prevention and control deficiency cited in one or more years from 2013
through 2017 (13,299 nursing homes, or 82 percent of all surveyed homes). 13 Infection
prevention and control deficiencies cited by surveyors can include situations where nursing
home staff did not regularly use proper hand hygiene or failed to implement preventive
measures during an infectious disease outbreak, such as isolating sick residents and using
masks and other personal protective equipment to control the spread of infection. 14 Many of
these practices can be critical to preventing the spread of infectious diseases, including COVID-
19.

In each individual year from 2013 through 2017, the percent of surveyed nursing homes with an
infection prevention and control deficiency ranged from 39 percent to 41 percent. In 2018 and
2019, we found that this continued with about 40 percent of surveyed nursing homes having an
infection prevention and control deficiency cited each year. 15

About half—6,427 of 13,299 (48 percent)—of the nursing homes with an infection prevention
and control deficiency cited in one or more years of the period we reviewed had this type of
deficiency cited in multiple consecutive years from 2013 through 2017. This is an indicator of
persistent problems. An additional 19 percent of the nursing homes (2,563 out of 13,299) had
an infection prevention and control deficiency cited in multiple nonconsecutive years. (See fig.
1.) Furthermore, of the 6,427 nursing homes with an infection prevention and control deficiency


13The next most common deficiencies cited in nursing homes from 2013 through 2017 were related to ensuring the

environment is free from accidents (about 37 percent of surveyed nursing homes in each year) and food safety (about
36 percent of surveyed nursing homes in each year).
14Another deficiency code related to preventing the spread of infections can be cited by surveyors when a nursing

home fails to develop policies and procedures to ensure that residents are offered influenza and pneumococcal
vaccinations. Nursing homes must educate each resident on the benefits and potential side effects when offering
each vaccine and document this interaction, as well as each resident’s decision to receive or refuse each vaccine. In
2017, 4 percent of surveyed nursing homes (539 homes) had at least one influenza and pneumococcal vaccination
deficiency.
15In our review of publicly available data from 2018 and 2019, infection prevention and control deficiencies were the

most common type of deficiency cited in surveyed nursing homes, with deficiencies related to ensuring that the
environment is free from accidents and deficiencies related to food safety as the next most common.
Also see: D. Cenziper, J. Jacobs, and S. Mulcahy, “Hundreds of Nursing Homes with Cases of Coronavirus Have
Violated Federal Infection-Control Rules in Recent Years,” The Washington Post, April 17, 2020; and Jordan Rau,
“Coronavirus Stress Test: Many 5-Star Nursing Homes Have Infection-Control Lapses,” Kaiser Health News, March
4, 2020.



Page 4                                                                  GAO-20-576R Nursing Home Infection Control
cited in multiple consecutive years, 35 percent (2,225 nursing homes) had these deficiencies
cited in 3 or 4 consecutive years, and 6 percent (411 nursing homes) had these deficiencies
cited across all 5 years. At the state level, all states had nursing homes with infection prevention
and control deficiencies cited in multiple consecutive years. For additional state-level
information, see enclosure I.

Figure 1: Nursing Homes with Infection Prevention and Control Deficiencies Cited in Multiple Years, 2013
through 2017




Note: CMS restructured its deficiency code system beginning on November 28, 2017, and, due to these coding changes, we did not
analyze CMS data cited by surveyors from November 28, 2017, through December 31, 2017.

Percentages may not add to 100 due to rounding.


We also found that in each year from 2013 through 2017, nearly all infection prevention and
control deficiencies (about 99 percent in each year) were classified by surveyors as not severe,
meaning the surveyor determined that residents were not harmed. 16 Our review of CMS data
shows that implemented enforcement actions for these deficiencies were typically rare: from
2013 through 2017, CMS implemented enforcement actions for 1 percent of these infection

16For the purposes of this report, a classification of “not severe” means that surveyors determined that the deficiency

posed either 1) no actual harm with a potential for minimal harm or (2) no actual harm with a potential for more than
minimal harm, but not immediate jeopardy. Infection prevention and control deficiencies were also categorized by
scope—whether the incident was an isolated occurrence, a part of a pattern of behavior, or a widespread behavior—
with about 47 percent of infection prevention and control deficiencies cited categorized as isolated, about 38 percent
categorized as a pattern, and about 14 percent categorized as widespread each year from 2013 through 2017.
Percentages do not add to 100 due to rounding.



Page 5                                                                      GAO-20-576R Nursing Home Infection Control
prevention and control deficiencies classified as not severe. Furthermore, 67 percent of these
infection prevention and control deficiencies classified as not severe did not have any
enforcement actions imposed or implemented, and 31 percent had enforcement actions
imposed but not implemented—meaning the nursing home likely had an opportunity to correct
the deficiency before an enforcement action was imposed. 17 For examples of the types of
infection prevention and control deficiencies cited in nursing homes and summaries of their
resulting enforcement actions, see table 1. We plan to examine CMS guidance and oversight of
infection prevention and control in a future GAO report, including the classification of infection
prevention and control deficiencies.

Table 1: Illustrative Examples of Narratives from Infection Prevention and Control Deficiencies Cited in
Nursing Homes
                                                                                      Classification of Scope
 Narrative details and resulting CMS enforcement action                               and Severity
 A certified nursing assistant in a California nursing home was observed by surveyors Scope: A pattern of
 coughing and looking unwell. The certified nursing assistant said she had been sick  behavior
 for at least 2 days and had experienced fever, diarrhea, cough, and a runny nose.
 Surveyors also observed improper hand hygiene by a different certified nurse         Severity: No actual harm
 assistant during incontinent care, which created the potential to spread disease and with a potential for more
 infection. In addition, seven employees had not been screened for tuberculosis prior than minimal harm, but not
 to employment. Also, surveyors observed employees who had not been vaccinated        immediate jeopardy
 for influenza and were not wearing face masks.

 No enforcement actions were implemented against this nursing home.
 Surveyors observed a certified nursing assistant in an Arkansas nursing home                                Scope: A pattern of
 providing incontinent care to a resident after a bowel movement and then, without                           behavior
 removing her soiled gloves or washing her hands, the certified nursing assistant
 proceeded to assist the resident in repositioning in bed, adjusting the pillows, and                        Severity: No actual harm
 replacing supplies in the resident’s bedside table drawer. Surveyors also noted that a                      with a potential for more
 glucose meter was not properly disinfected before use on multiple residents.                                than minimal harm, but not
                                                                                                             immediate jeopardy
 No enforcement actions were implemented against this nursing home.

 A New York nursing home experienced a respiratory infection outbreak that sickened                          Scope: A pattern of
 38 residents. The nursing home did not maintain a complete and accurate list of                             behavior
 those who were sick, did not isolate residents with symptoms from residents who
 were symptom-free—nor did it isolate staff members helping sick patients—and                                Severity: Immediate
 continued to allow residents to eat in the community dining room.                                           jeopardy

 CMS implemented enforcement actions requiring the nursing home to provide
 directed, in-service training for its staff and submit a directed plan of correction to the
 state survey agency.
 A New Mexico nursing home allowed two residents diagnosed with methicillin-                                 Scope: A pattern of
 resistant Staphylococcus aureus, a highly contagious type of infection, to share a                          behavior
 bathroom with two other residents, therefore putting the two other residents at risk of
 exposure. There were also two biohazard bins in the bathroom containing                                     Severity: Immediate
 contaminated wound dressings from the infected residents.                                                   jeopardy

 CMS implemented an enforcement action by assessing a civil money penalty against
 the nursing home.

 Source: GAO summary of Centers for Medicare & Medicaid Services’ (CMS) data. | GAO-20-576R




17Percentages do not add to 100 due to rounding. CMS may not implement imposed enforcement actions because

the nursing home came into compliance prior to the implementation date of the enforcement action, among other
reasons.



Page 6                                                                                        GAO-20-576R Nursing Home Infection Control
Notes: GAO reviewed for illustrative purposes narratives written by nursing home surveyors describing the infection prevention and
control deficiencies cited. CMS categorizes deficiencies into one of three scope categories based on whether the incident was: (1)
an isolated occurrence; (2) a part of a pattern of behavior; or (3) a widespread behavior. CMS categorizes deficiencies into one of
four severity categories based on whether the deficiency constitutes: (1) no actual harm with a potential for minimal harm; (2) no
actual harm with a potential for more than minimal harm, but not immediate jeopardy; (3) actual harm that is not immediate jeopardy;
or (4) immediate jeopardy to resident health or safety.

Finally, using CMS data, we also analyzed a selection of characteristics over the 5-year period
for the nursing homes that had infection prevention and control deficiencies cited in multiple
years and found differences for some of the characteristics when we compared these nursing
homes to (a) homes that had no infection prevention and control deficiencies cited, (b) homes
with infection prevention and control deficiencies cited in a single year, or (c) all surveyed
nursing homes. For example, nursing homes owned by for-profit organizations, which
comprised about 68 percent of all surveyed nursing homes, accounted for about 72 percent of
nursing homes that had infection prevention and control deficiencies cited in multiple years, but
nursing homes owned by for-profit organizations comprised only about 61 percent of nursing
homes with no infection prevention and control deficiencies cited. In contrast, nursing homes
with an average overall five-star rating accounted for about 17 percent of all surveyed nursing
homes but comprised about 33 percent of nursing homes with no infection prevention and
control deficiencies cited and only about 10 percent of nursing homes that had infection
prevention and control deficiencies cited in multiple years. 18 For additional information, see
enclosure II.

Agency Comments

We provided a draft of this report to HHS for review and comment. HHS provided technical
comments on the report, which we incorporated as appropriate.

                                                                  -----

We are sending copies of this report to the appropriate congressional committees, the Secretary
of HHS, and other interested parties. In addition, the report is available at no charge on the
GAO Web site at http://www.gao.gov.

If you or your staff have any questions about this report, please contact me at (202) 512-7114 or
at dickenj@gao.gov. Contact points for our Offices of Congressional Relations and Public
Affairs may be found on the last page of this report. Major contributors to this report were Karin
Wallestad (Assistant Director), Sarah-Lynn McGrath (Analyst-in-Charge), Kathryn Richter, and
Julianne Flowers. Also contributing were Isabella Guyott, Laurie Pachter, Vikki Porter, Anna
Beth Smith, and Jennifer Whitworth.

Sincerely yours,



John E. Dicken
Director, Health Care
Enclosures – 2


18The Five-Star Quality Rating System assigns nursing homes with an overall “star” rating, ranging from one to five.

Nursing homes with five stars are considered to have quality that is much above average, while nursing homes with
one star are considered to have quality that is much below average. For this comparison of nursing home
characteristics from 2013 through 2017, we calculated each nursing home’s average overall rating in each year
during the 5-year period, and then we calculated the average overall rating across all 5 years and rounded to the
nearest whole number. According to CMS, some changes to its methodology for calculating the five-star rating were
made during the time period of our review.



Page 7                                                                         GAO-20-576R Nursing Home Infection Control
Enclosure I: State Information on Infection Prevention and Control Deficiencies

We reviewed guidance from the Centers for Medicare & Medicaid Services (CMS) and analyzed
data on nursing home deficiencies cited by surveyors in all 50 states and Washington, D.C.,
from 2013 through 2017 provided by CMS for a prior GAO report, with a particular focus on
deficiencies related to infection prevention and control. 19 Using these data, we determined the
number of nursing homes that had infection prevention and control deficiencies cited as well as
the number of homes with repeated infection prevention and control deficiencies over the 5-year
period from 2013 through 2017. Table 2 provides state-level data on the nursing homes that had
infection prevention and control deficiencies cited in 2017. Table 3 provides state-level data on
the nursing homes with infection prevention and control deficiencies cited by state surveyors
from 2013 through 2017, including across multiple years.

Table 2: Infection Prevention and Control Deficiencies Cited, by State, 2017
                                                                                Percentage of surveyed nursing
                                   Number of surveyed nursing homes                     homes with an infection
               Number of surveyed     with an infection prevention and         prevention and control deficiency
 State            nursing homes                control deficiency cited                                     cited
 AK                             16                                    5                                      31.3
 AL                            201                                 101                                       50.2
 AR                            217                                   86                                      39.6
 AZ                            131                                   30                                      22.9
 CA                          1,174                                 712                                       60.6
 CO                            187                                   87                                      46.5
 CT                            213                                   66                                      31.0
 DC                             18                                    6                                      33.3
 DE                             40                                   22                                      55.0
 FL                            646                                 278                                       43.0
 GA                            325                                   64                                      19.7
 HI                             37                                   17                                      45.9
 IA                            400                                   88                                      22.0
 ID                             61                                   34                                      55.7
 IL                            728                                 394                                       54.1
 IN                            535                                 187                                       35.0
 KS                            269                                   90                                      33.5
 KY                            264                                   95                                      36.0
 LA                            267                                   79                                      29.6
 MA                            380                                 111                                       29.2
 MD                            219                                   88                                      40.2
 ME                            100                                   13                                      13.0
 MI                            430                                 251                                       58.4
 MN                            333                                 138                                       41.4
 MO                            480                                 256                                       53.3
 MS                            191                                 103                                       53.9
 MT                             61                                   28                                      45.9
 NC                            407                                   64                                      15.7
 ND                             69                                   24                                      34.8
 NE                            193                                   64                                      33.2
 NH                             69                                   16                                      23.2
 NJ                            334                                 105                                       31.4
 NM                             75                                   27                                      36.0
 NV                             59                                   22                                      37.3

19GAO, Nursing Homes: Improved Oversight Needed to Better Protect Residents from Abuse, GAO-19-433,

(Washington, D.C.: June 13, 2019).



Page 8                                                            GAO-20-576R Nursing Home Infection Control
                                                                                                       Percentage of surveyed nursing
                                        Number of surveyed nursing homes                                       homes with an infection
                    Number of surveyed     with an infection prevention and                           prevention and control deficiency
 State                 nursing homes                control deficiency cited                                                       cited
 NY                                 533                                 113                                                         21.2
 OH                                 901                                 255                                                         28.3
 OK                                 283                                   90                                                        31.8
 OR                                 129                                   42                                                        32.6
 PA                                 680                                 312                                                         45.9
 RI                                  79                                    3                                                         3.8
 SC                                 168                                   40                                                        23.8
 SD                                  96                                   43                                                        44.8
 TN                                 296                                   98                                                        33.1
 TX                               1,166                                 562                                                         48.2
 UT                                  80                                   41                                                        51.3
 VA                                 263                                 102                                                         38.8
 VT                                  36                                    4                                                        11.1
 WA                                 219                                   89                                                        40.6
 WI                                 351                                 141                                                         40.2
 WV                                 104                                   51                                                        49.0
 WY                                  37                                   18                                                        48.6
 Total                          14,550                                5,755                                                         39.6
Source: GAO analysis of Centers for Medicare & Medicaid Services’ (CMS) data. | GAO-20-576R


Note: CMS restructured its deficiency code system beginning on November 28, 2017, and, due to these coding changes, we did
not analyze CMS data cited by surveyors from November 28, 2017, through December 31, 2017.




Page 9                                                                                        GAO-20-576R Nursing Home Infection Control
Table 3: Nursing Homes with Infection Prevention and Control Deficiencies Cited, by State, 2013 through
2017
                                                                        Nursing homes
                                                                         with infection      Nursing homes
                                                   Nursing homes        prevention and        with infection
                               Nursing homes         with infection             control      prevention and
                              with no infection    prevention and deficiencies cited                 control
             Total surveyed     prevention and              control         in multiple deficiencies cited
            nursing homes,              control deficiencies cited     nonconsecutive             in multiple
 State            2013-2017 deficiencies cited       in only 1 year               years consecutive years
 AK                       18                  1                   1                   5                    11
 AL                      232                 10                  48                  46                  128
 AR                      243                 18                  72                  50                  103
 AZ                      149                 23                  49                  32                    45
 CA                    1,258                 76                 176                 204                  802
 CO                      228                 16                  55                  47                  110
 CT                      231                 45                  71                  38                    77
 DC                       20                  1                   4                   2                    13
 DE                       47                  4                  10                  13                    20
 FL                      699                 91                 181                 144                  283
 GA                      365               169                  136                  30                    30
 HI                       48                  1                  13                   7                    27
 IA                      460               134                  158                  41                  127
 ID                       79                  7                  17                  23                    32
 IL                      791                 50                 129                 127                  485
 IN                      567               123                  152                  76                  216
 KS                      369                 41                 100                  77                  151
 KY                      293                 36                  68                  70                  119
 LA                      280                 60                  86                  47                    87
 MA                      427               155                  169                  37                    66
 MD                      234                 51                  75                  49                    59
 ME                      108                 57                  42                   5                     4
 MI                      456                 24                  74                  78                  280
 MN                      392                 53                 108                  75                  156
 MO                      531                 52                 116                  94                  269
 MS                      214                 23                  58                  52                    81
 MT                       84                  2                  15                  17                    50
 NC                      433               217                  149                  28                    39
 ND                       82                  5                  24                  21                    32
 NE                      233                 43                  68                  46                    76
 NH                       77                 32                  28                   6                    11
 NJ                      374                 95                 133                  55                    91
 NM                       80                 27                  18                  10                    25
 NV                       60                  4                   9                   9                    38
 NY                      637               220                  206                  57                  154
 OH                      995               308                  357                 113                  217
 OK                      333                 50                  81                  41                  161
 OR                      144                 43                  50                  26                    25
 PA                      716                 85                 194                 141                  296
 RI                       84                 52                  25                   3                     4
 SC                      192                 81                  67                  22                    22
 SD                      113                  2                  17                  17                    77
 TN                      337                 55                  93                  60                  129
 TX                    1,303               161                  280                 205                  657
 UT                      105                 17                  28                  15                    45
 VA                      298                 44                  89                  51                  114
 VT                       38                 14                   6                   6                    12
 WA                      230                 32                  70                  37                    91
 WI                      409                 37                 102                  73                  197



Page 10                                                           GAO-20-576R Nursing Home Infection Control
                                                                                                    Nursing homes
                                                                                                      with infection   Nursing homes
                                                                            Nursing homes           prevention and       with infection
                                              Nursing homes                   with infection                 control    prevention and
                                             with no infection              prevention and        deficiencies cited            control
                 Total surveyed               prevention and                         control             in multiple deficiencies cited
                nursing homes,                         control            deficiencies cited       nonconsecutive           in multiple
 State                2013-2017             deficiencies cited                in only 1 year                   years consecutive years
 WV                         129                             19                            20                      28                 62
 WY                          41                              1                            12                       7                 21
 Total                   16,266                          2,967                         4,309                   2,563              6,427
Source: GAO analysis of Centers for Medicare & Medicaid Services’ (CMS) data. | GAO-20-576R


Note: CMS restructured its deficiency code system beginning on November 28, 2017, and, due to these coding changes, we did
not analyze CMS data cited by surveyors from November 28, 2017, through December 31, 2017.




Page 11                                                                                       GAO-20-576R Nursing Home Infection Control
Enclosure II: Comparison of the Percentage of Nursing Homes with and without Infection
Prevention and Control Deficiencies Cited, by Characteristic, 2013 through 2017

We reviewed guidance from the Centers for Medicare & Medicaid Services (CMS) and analyzed
data on nursing home deficiencies cited by surveyors in all 50 states and Washington, D.C.,
from 2013 through 2017 provided by CMS for a prior GAO report, with a particular focus on
deficiencies related to infection prevention and control. 20 Using these data, we determined the
characteristics of all surveyed nursing homes, nursing homes that had no infection prevention
and control deficiencies cited, a single year of these deficiencies, or multiple years of these
deficiencies from 2013 through 2017. For example, nursing homes owned by for-profit
organizations, which comprised about 68 percent of all surveyed nursing homes, accounted for
about 72 percent of nursing homes that had infection prevention and control deficiencies cited in
multiple years, but nursing homes owned by for-profit organizations comprised only about 61
percent of nursing homes with no infection prevention and control deficiencies cited. (See table
4.)




20GAO, Nursing Homes: Improved Oversight Needed to Better Protect Residents from Abuse, GAO-19-433,

(Washington, D.C.: June 13, 2019).



Page 12                                                          GAO-20-576R Nursing Home Infection Control
Table 4: Comparison of the Percentage of All Surveyed Nursing Homes and Those with No, a
Single Year, or Multiple Years of Infection Prevention and Control Deficiencies Cited, by
Characteristic, 2013 through 2017
                                                                        Sub-groups of all surveyed nursing homes, 2013-2017
                                                                                            Nursing homes
                                                                        Nursing homes         with infection Nursing homes with
                                                                       with no infection    prevention and infection prevention
                                              All surveyed              prevention and               control         and control
                                           nursing homes,                        control deficiencies cited deficiencies cited in
Characteristic                                   2013-2017            deficiencies cited    in a single year      multiple years
Number of nursing                                   16,266                         2,967               4,309                8,990
homes
Percentage
Type of ownershipa
   For-profit                         67.9                  60.8                63.5                                              72.3
   Nonprofit                          23.5                  29.7                27.0                                              19.8
   Government-owned                     6.0                   6.0                6.2                                               5.9
   Mixed ownershipb                     1.2                   1.0                1.4                                               1.2
Locationa
   Urban                              68.4                  68.9                67.0                                              69.0
   Rural                              27.5                  26.7                28.2                                              27.5
   Transitioning areac                  2.8                   2.6                3.0                                               2.7
Number of Medicare and Medicaid certified bedsa, d
   Small (Less than 50)               13.0                  19.1                14.6                                              10.2
   Medium (50 to 99 )                 36.5                  36.2                37.4                                              36.2
   Large (100 to 199)                 43.4                  37.0                40.6                                              46.8
   Very large (200 or                   7.1                   7.7                7.4                                               6.8
   more)
Special Focus Facility program designation during the time period reviewede
   Participated in                      2.5                   1.0                1.6                                               3.4
   program
Average of Five-Star System overall quality ratings over the time period revieweda, f
   1 star                               5.5                   2.1                2.9                                               7.9
   2 stars                            21.2                    9.2               15.7                                              27.8
   3 stars                            26.1                  19.1                24.8                                              29.1
   4 stars                            28.1                  33.2                31.6                                              24.8
   5 stars                            17.3                  32.7                22.5                                               9.7
Source: GAO analysis of Centers for Medicare & Medicaid Services’ (CMS) data. | GAO-20-576R

Notes: CMS restructured its deficiency code system beginning on November 28, 2017, and, due to these coding changes, we did
not analyze CMS data cited by surveyors from November 28, 2017, through December 31, 2017.
a
 Percentages do not always add to 100 due to missing data and rounding. The percentage of nursing homes with missing data was
less than 4 percent for each category.
b
 For this comparison of nursing home characteristics from 2013 through 2017, “mixed ownership” refers to nursing homes that
changed their profit status at any point during the 5-year period.
c
  For this comparison of nursing home characteristics from 2013 through 2017, a “transitioning area” is where the designation
changed from rural to urban or vice-versa at any point during the 5-year period.
d
 For this comparison of nursing home characteristics from 2013 through 2017, if a nursing home changed bed size categories at
any point, we assigned the nursing home its largest bed size category during the 5-year period.
e
 Nursing homes with chronic noncompliance with federal standards can be selected for the Special Focus Facility program, which
requires state survey agencies to conduct more frequent oversight, and the nursing homes to improve performance or risk
termination from the Medicare and Medicaid programs. The table only displays percentages for those nursing homes that
participated in the Special Focus Facility program during the 5-year period. The remaining nursing homes did not participate in the
Special Focus Facility program during the 5-year period. For this comparison of nursing home characteristics from 2013 through
2017, we considered nursing homes to have participated in the Special Focus Facility program if they participated at any point
during the 5-year period.
f
 The Five-Star Quality Rating System assigns nursing homes with an overall “star” rating, ranging from one to five. Nursing homes
with five stars are considered to have quality that is much above average, while nursing homes with one star are considered to
have quality that is much below average. For this comparison of nursing home characteristics from 2013 through 2017, we
calculated each nursing home’s average overall rating in each year during the 5-year period, and then we calculated the average
overall rating across all 5 years and rounded to the nearest whole number. According to CMS, some changes to its methodology
for calculating the five-star rating were made during the time period of our review.

(104261)



Page 13                                                                                       GAO-20-576R Nursing Home Infection Control
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