OIG Report on Criminal Convictions of Nurse Aides with Substantiated Findings of Abuse, Neglect, & Misappropriation

A new OIG study provides baseline information for an ACA-mandated report on the extent to which nurse aides with substantiated findings of abuse, neglect, and/or misappropriation had previous criminal convictions that could have been detected through background checks. Based on a review of state records, the OIG found that 19% of nurse aides who received a substantiated finding of abuse, neglect, and/or misappropriation of property during 2010 had at least one conviction in their criminal history records prior to their substantiated finding (the majority of which was for crimes against property, including, burglary, shoplifting, and writing bad checks). The OIG calculates that nurse aides with substantiated findings of abuse or neglect were 3.2 times more likely to have a conviction of crime against persons than nurse aides with substantiated findings of misappropriation, who in turn were 1.6 times more likely to have a conviction of crime against property than nurse aides with substantiated findings of abuse or neglect. The report, “Criminal Convictions for Nurse Aides with Substantiated Findings of Abuse, Neglect, and Misappropriation,” is available here

Waiver of Disapproval of SNF/NF Nurse Aide Training Programs

On April 23, 2010, CMS published a final rule that will permit CMS to waive the disapproval of a nursing facility’s or skilled nursing facility’s nurse aide training program if the facility has been assessed a civil money penalty of at least $5,000 for noncompliance that is not related to quality of care. CMS did not finalize a provision in its November 23, 2007 proposed rule that would have required states to establish a procedure to permit a nurse aide to petition the state to have a single finding of neglect removed from the nurse aide registry if the state determines that the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect and the neglect involved in the original finding was a single occurrence. Based on public comments, CMS will further explore this issue to reconsider whether regulatory action is necessary and to review the available options. If the agency determines that regulatory action is required for this issue, CMS will publish a new notice of proposed rulemaking. The rule is effective May 24, 2010. 

Older Entries