Providers are pushing back against an effort by the Department of Justice that would allow criminal charges to be brought against nursing home providers and staff members accused of abuse and fraud in civil cases. 

Criminal charges, for example, could be added to civil actions and include wire and healthcare fraud for cases involving alleged false claims, federal prosecutors said. 

“Criminalizing poor quality is not the answer,” the American Health Care Association countered in a statement criticizing the effort. 

“While even one report of [abuse, neglect or fraud] is one too many, the facts show that such instances are rare and the overwhelming majority of nursing home staff provide high-quality resident care,” said David Gifford, MD, senior vice president of quality and regulatory affairs and chief medical officer for AHCA. 

“However, if poor quality of care begins to be labeled as neglect and fraud, respected groups, including the Institute of Medicine, would not recommend a criminal approach to correcting the problem.”