CMS Finalizes National Minimum Staffing Requirements

CMS Finalizes National Minimum Staffing Requirements

Brandon Geiger

August 28, 2024

The Centers for Medicare & Medicaid Services (CMS) has finalized a rule that imposes national minimum staffing requirements on nursing homes. The rule requires nursing homes to have at least one registered nurse on duty at all times, and also sets minimum staffing levels for certified nursing assistants and other caregivers. The new requirements aim to improve the quality of care provided in nursing homes and enhance resident safety.

The rule represents a significant change from previous regulations, which only required nursing homes to provide "sufficient" staff to meet residents' needs. CMS has announced that it will phase in the new staffing requirements over several years to give nursing homes time to adjust their staffing levels. The agency also plans to invest $75 million in a national campaign to recruit and retain nurses in nursing homes.

While the new rule sets a minimum standard for staffing, some states already have more stringent requirements. For example, New York and California require nursing homes to provide at least 3.56 hours of direct care per resident per day, which is higher than the federal requirement. Nursing homes that fail to comply with the new rule may face enforcement actions, including fines and termination of their Medicare or Medicaid provider agreement.

CMS has acknowledged that staffing shortages are a significant challenge for many nursing homes, particularly in rural areas. To address this issue, the agency plans to provide financial incentives to nurses who work in nursing homes and partner with states to support recruitment efforts. Some state regulators have also taken steps to relax enforcement of staffing requirements during times of acute labor supply shortages.

The new rule has significant implications for nursing homes and the residents they serve. While some critics argue that the rule may be overly prescriptive or burdensome, proponents argue that it is essential to ensuring that nursing home residents receive high-quality care from adequately trained staff.