RICHMOND, Va. -- Federal leaders are responding to CBS 6's coverage of Virginia's lacking oversight of nursing homes, calling the state's performance "out of whack" and the testimony of families "heartbreaking."
Last month, CBS 6 reported that it took the Virginia Department of Health (VDH) eight months to initiate an investigation into nursing home complaints submitted by Steve Lambert, who alleged his brother was subjected to poor conditions and a low quality of care.
Lambert's brother died before the state opened an investigation, and as a former licensing and regulation enforcement supervisor with the Virginia Department of Social Services, Lambert said VDH's response time was unacceptable.
“They need a system in place to provide the proper oversight in a timely and effective manner to ensure that these vulnerable people are not harmed," Lambert said.
Following that story, multiple people reached out to CBS 6 to express similar concerns, including Heather Tyler.
WATCH: She submitted a complaint over 'deplorable' nursing home safety issues 8 months ago. But the state hasn't investigated.
Tyler filed a nursing home complaint in January reporting alleged poor conditions, low quality of care, and safety issues after she found her husband with unexplained marks on his body.
Eight months later in September, VDH has still not initiated an investigation into Tyler's complaint.
"We're failing miserably," Tyler said. “Get off your rear ends and do something about this. Something, you know? Make people responsible. Make them accountable.”
According to data from the Centers for Medicare and Medicaid Services (CMS), Virginia has some of the worst oversight performance metrics in the country.
As of September, nearly 70% of Virginia's nursing homes were overdue for inspection, significantly above the national average of 22%.
A 2023 performance review also showed that VDH failed to meet federal standards to complete timely investigations into allegations of immediate jeopardy of one's safety.
Currently, VDH has more than 650 pending complaints awaiting action.
People worried for their loved ones in long-term care facilities are calling on elected officials to improve the oversight system.
“Haven't we voted these people into office? Aren't they supposed to be the ones that are supposed to be taking care of us?” Tyler said.
80% of VDH's nursing home inspection program is federally funded by Congress through CMS, which has not increased funding for these efforts since 2015 despite a sharp rise in complaints.
A Congressional report found that inadequate funding can lead to understaffing which results in poor nursing home conditions.
CBS 6 asked Virginia's Congressional leaders to address this.
"Is this a budget priority or concern for you? And what steps do you think Congress could take to ensure that these oversight efforts are getting done?" reporter Tyler Layne asked United States Sen. Tim Kaine (D-Virginia).
"It is a concern," Kaine responded. "The reporting that you guys have done on this is really important reporting. And I do think there is a federal issue here on the funding side that hopefully, as we work on the appropriations bill, we can improve."
But Kaine isn't sold that funding is totally to fault.
“If there’s inadequate federal funding, that’s one thing, but why is Virginia so far out of whack from other states?” Kaine said.
He argues if that's the case, then other states would also be failing to meet federal standards when CMS data shows most of them aren't.
WATCH: Virginia man 'disheartened' it took the state 8 months to investigate 'horrifying' nursing home conditions
Only three states have higher percentages of overdue nursing home inspections than Virginia.
The 2023 CMS performance review found 41 state agencies began at least 80% of their most serious complaint investigations on time. Virginia was not one of them.
“So, if it was just a federal funding issue, yes, you would see Virginia with a poor track record, but it would match what other states’ track records are and I think this is obviously a significant issue for the state as well," Kaine said.
VDH declined multiple interview requests, but in emails, licensing director Kim Beazley said the agency receives $9.6 million from CMS that funds a majority of nursing home inspection and recertification activities. The state also contributes money that accounts for 20% of the program's funding.
When asked how much funding VDH believes it needs to become sufficiently staffed and resourced, Beazley said the agency is "continuing to explore the funding requirements and needs for this program."
The state is fully responsible for its own hiring and retention of nursing home inspectors.
Currently, Virginia has a 40% vacancy rate, according to data provided by VDH.
The salary for a medical facilities inspector, which is set using state parameters, ranges from $72,100 to $81,485.
CBS 6 asked Gov. Glenn Youngkin to address concerns about the inspection program and asked what his administration was doing to make improvements.
“What I do know is there is a big emphasis on nursing home inspections, and I am expecting my full brief so I’ll get back to you on that one," Youngkin said.
CBS 6 is continuing to follow up with the governor's office on this matter.
Other elected officials contacted by CBS 6 offered statements when asked to address inspection delays and whether more Congressional funding is needed.
“These reports are heartbreaking – no one should have to worry about their loved one being neglected in a long-term care facility," Rep. Rob Wittman (R-Virginia) said. "Any complaints must be processed in a timely manner and deserve a thorough investigation.”
"I will continue working at the federal level to advance priorities to help our seniors, including addressing workforce shortages for nursing and caregiving personnel," Rep. Jennifer McClellan (D-Virginia) said.
"Virginia’s healthcare professions continue to face concerning shortages across the board, and the long-term care workforce is no exception," Rep. Abigail Spanberger (D-Virginia) said. "To guarantee that Virginians in nursing homes and other facilities receive the highest quality care, we must invest in workforce training, work to attract skilled caregivers, and make sure that qualified professionals are motivated to stay in this vital field. Increased oversight and support for our Commonwealth’s long-term care facilities are essential to make sure our most vulnerable neighbors are receiving the respect and care they deserve."
CMS requested $492 million from Congress in the 2025 budget for its inspection program, noting that the workload for state agencies is increasing and conditions in nursing homes are generally worsening.
The proposed funding from the Senate Committee recommends $397 million, which is the same amount of funding allotted since 2015, with the exception of 2023 and 2024 when the program received an extra $10 million in pandemic relief money.
Senator Kaine said he's willing to take a look at making changes to that.
“We do need to battle within the appropriations framework to make sure that the federal funding for these inspections is sufficient," Kaine said. "But I think the state needs to own its part of this as well."
CBS 6 is committed to sharing community voices on this important topic. Email your thoughts to the CBS 6 Newsroom.
Watch Tyler Layne's reporting on CBS 6 and WTVR.com. Have something for Tyler to investigate? Email him.
