Credit: Luis Alvarez/Getty Images

A bill passed last week in Delaware’s state Senate further advances its aggressive push to clear its nursing home survey backlogs and ensure they stay up-to-date in the future.

Delaware has already been among the most successful states at clearing its backlogs — having addressed more than 90% of its outstanding surveys by spring 2024. 

Senate Bill 215, which passed last week, formally requires the Department of Health and Social Services to conduct its nursing home surveys on an annual basis — updating old wording that more vaguely required surveys to be done on a “regular” basis. 

The bill also requests new funding for the DHSS, assuming that the state’s roughly 80 nursing homes will transition from 16 months between surveys on average to 12 months. The additional surveys will cost the state an estimated $766,500 in 2025, with an increase of 3% assumed for the following two years.

The measure has enjoyed input and support from long-term care leaders in the state, according to the state’s leading provider associations.

While nursing home surveys are supposed to take place annually, many facilities across the nation have faced long wait times caused by state-level surveyor backlogs. These backlogs grew considerably during the COVID-19 pandemic, but have remained a major problem in the years since. 

The state’s strategy has involved contracting surveyors to supplement DHSS staff. This tactic has met with success so far, according to Cheryl Heiks, executive director of the Delaware Health Care Facilities Association.

“From accounts shared with the association, the contract surveyors performed a very complete and intensive survey,” she told McKnight’s Long-Term Care News Monday. “Since they were concentrating specifically on the survey process alone, they were able to finish their onsite portion quicker with less disruption on residents and staff.”

DHCFA representatives have previously told McKnight’s that state surveyors are more likely to be called away from the survey process due to the complex scheduling of their job.

The survey bill notes that DHSS would likely need to increase its use of third-party surveyors to keep up with the formalized 12-month survey cadence. 

Delaware survey law is now consistent with federal rules requiring yearly nursing home surveys. While redundant in technical sense, Heiks told McKnight’s that doing so could be part of a broader strategy to ensure compliance is maintained.

“Stakeholders have expressed that by putting a time frame on the process, it will help keep survey cadence, avoid back-ups in timing and demonstrate the need for the additional funding support,” she explained.

Jim McCracken, president and CEO of LeadingAge New Jersey & Delaware (LANJDE), told McKnight’s that the organization has supported the bill and hopes it can facilitate the continued use of an effective tool for keeping surveys up-to-date.

“LANJDE supported Senate Bill 215 sponsored by Senator Mantzavinos,” he confirmed Monday. “We hope that the DHSS is adequately funded by the state to hire necessary staff. Long-term care providers are constantly working to ensure compliance with the regulations and provide person-centered care to their residents.”