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Katherine C. Pearson, Editor, and a Member of the Law Professor Blogs Network on LexBlog.com

Weems says withholding from the public of nursing home problems is not his fault

The acting head of the nation’s Medicare and Medicaid programs saidWednesday that he would not have distributed a list of the nation’sworst nursing homes to industry lobbyists and trade groups whilewithholding that information from the public.  “That was not mychoice. Things happen in agencies, where individuals for very goodreasons take the initiative,” said Kerry Weems, acting administratorfor the U.S. Centers for Medicare and Medicaid Services, at a breakfastmeeting with reporters. said that when he asked agency officials why the list had beengiven to trade groups, “the answer was that the trade groups can offerspecific technical assistance to facilities.” He said he did not knowwho distributed the list, or when it occurred.  “It may have beenbefore my tenure,” said Weems, a career employee of the U.S. Departmentof Health and Human Services who was appointed to his new post by thepresident in September. “It would not have been my choice.”

Theagency, which oversees health care for low-income, disabled and elderlyAmericans, has put together a list of 128 nursing homes around thecountry that have repeatedly fallen in and out of compliance withgovernment health and safety regulations and caused harm to theirresidents.  However, it has released the names of only 52 of thefacilities to the public and press, while giving the complete list toan industry-funded trade group, the Alliance for Quality Nursing HomeCare, as well as lobbyists at the American Health Care Association.  Weems defended the decision to keep the entire list of what are called “special-focus facilities” from public disclosure.

Sen. Tom Harkin, D-Ia., along with Democratic presidentialcandidate Hillary Clinton, has introduced legislation that would forcethe agency to release the list to the public.

Source and more:  Des Moines Register, http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20071220/NEWS09/712200376/-1/SPORTS09