Nursing homes criticize CMS staffing mandate exemptions process as unrealistic amid survey backlogs.

Nursing homes criticize CMS staffing mandate exemptions process as unrealistic amid survey backlogs.

Brandon Geiger

August 28, 2024

The Centers for Medicare & Medicaid Services (CMS) has implemented a staffing mandate for nursing homes, which requires them to meet certain minimum staffing requirements. However, many nursing homes are struggling to meet these requirements due to workforce shortages and survey backlogs. The CMS has established an exemptions process for nursing homes that cannot meet the staffing requirements, but industry experts are expressing concerns about the feasibility of this process.

One of the main issues is that nursing homes must be surveyed and cited for noncompliance before being considered for an exemption. However, with a shortage of surveyors and a backlog of surveys, it can take several years for a facility to receive a survey, making it difficult to obtain an exemption in a timely manner. Additionally, the criteria for exemptions are stringent, including requirements related to geographic location, hiring efforts, and financial commitment.

Industry experts estimate that only a small percentage of nursing homes will be able to meet the exemption criteria, despite CMS estimates suggesting that 22-29% of facilities may be eligible. The American Health Care Association (AHCA) analysis of federal data found that only 6% of nursing homes currently meet all four staffing mandate requirements. Industry leaders are criticizing the exemptions process as unrealistic and impractical, citing fundamental issues with the program.

The implications of survey backlogs on exemptions could be detrimental to access of care for older adults in need of nursing home care. With many providers struggling to meet staffing mandates, some may be forced to limit admissions or close down beds and units, reducing access to care. Industry leaders are calling on CMS to reconsider the staffing mandate and exemptions process to ensure that it is feasible and realistic for nursing homes to comply with the requirements.

Overall, the article highlights the challenges facing nursing homes in meeting the CMS staffing mandate and the limitations of the exemptions process. It emphasizes the need for a more practical and realistic approach to ensuring adequate staffing levels in nursing homes while also considering the complexities of workforce shortages and survey backlogs.