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CMS Proposes New Rules for Nursing Homes, Including Mandatory Staffing Levels and Improved Facility Evaluations.

CMS Proposes New Rules for Nursing Homes, Including Mandatory Staffing Levels and Improved Facility Evaluations.

The provided text appears to be a webpage from the law firm Crowell & Moring's blog, specifically their Health Law section. The content includes:

  1. A list of recent updates and articles on various topics related to health care law, such as the attorney-client privilege waiver, information blocking, False Claims Act cases, and more.
  2. A sidebar with links to different categories and archives of past posts, including topics like administrative law, advertising, antitrust, artificial intelligence, COVID-19, and more.
  3. Information about the Crowell & Moring health care practice, including their experience in areas such as health care antitrust, managed care, fraud and abuse, and privacy litigation.
  4. A disclaimer and copyright notice at the bottom of the page.

The webpage is designed to provide readers with updates and insights on current developments in health care law, while also promoting Crowell & Moring's expertise and services in this area.

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Get ready for a major update: CMS proposes a significant 4.1% pay increase for nursing homes!

Get ready for a major update: CMS proposes a significant 4.1% pay increase for nursing homes!

The Centers for Medicare & Medicaid Services (CMS) has proposed a 4.1% pay increase for nursing homes in fiscal year 2025, but declined to issue an update on its staffing minimum proposal as part of its annual payment rule proposal. The proposed increase includes a 2.8% market basket update and a 1.7% market basket forecast error adjustment, which is considered modest by industry leaders.

American Health Care Association President and CEO Mark Parkinson expressed disappointment with the proposed increase, stating that it will not be enough to offset the costs of meeting CMS's proposed staffing minimum requirement. Parkinson urged the Administration and CMS to reconsider the staffing mandate, warning that it could lead to nursing home closures and reduced access to long-term care for seniors.

The proposed rule also includes changes to the Patient-Driven Payment Model ICD-10 Code Mappings and Value-Based Purchasing updates. Additionally, CMS has proposed an expanded Civil Monetary Penalty process that would allow for more penalties to be imposed on nursing homes for health and safety violations. The agency is seeking comments on potential future updates to the non-therapy ancillary component of PDPM.

Industry leaders are cautiously optimistic about the proposed pay increase, which they believe will help offset increased labor costs associated with staffing shortages. ADVION Executive Vice President Cynthia Morton stated that the payment update reflects the increased costs experienced by providers over the past couple of years and will greatly help with recruiting and retaining staff.

The 211-page proposed rule is set to be officially published in the Federal Register, followed by a 60-day comment period. A final rule is expected to be announced by the end of July.

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Examining the Implications of the Revised Nursing Facility Rule and Identifying Facilities That May Comply with Enhanced Staffing Standards.

Examining the Implications of the Revised Nursing Facility Rule and Identifying Facilities That May Comply with Enhanced Staffing Standards.

This text appears to be a report from the Kaiser Family Foundation (KFF) analyzing the impact of new federal requirements for nursing facility staffing. Here are the main points:

Background: The Centers for Medicare and Medicaid Services (CMS) has finalized a rule requiring nursing facilities to have a minimum number of staff on duty at all times.

Key findings:

  • In 45 states, fewer than half of nursing facilities have enough staff to meet the new requirements.
  • About 1 in 5 nursing facilities would meet fully-implemented minimum staffing standards in the final rule with current staffing levels.
  • Rural facilities are more likely to not meet the requirements compared to urban facilities.

Methodology: The analysis uses data from Nursing Home Compare, a publicly available dataset that provides information on quality of care and key characteristics for approximately 14,900 Medicare and/or Medicaid-certified nursing facilities. The analysis drops about 3% of nursing facilities due to missing data.

Limitations: The analysis does not look at facilities that meet the requirement to have an RN on staff 24 hours a day, seven days a week (24/7) due to limitations in publicly available data.

Implications: The report highlights concerns about the potential unintended consequences of the new requirements, including increased costs for nursing facilities and the potential impact on state budgets and federal spending. The need for nursing facility care is expected to increase as the population ages, which may intensify these challenges.

Overall, the report suggests that many nursing facilities face significant challenges in meeting the new staffing requirements, particularly rural facilities.

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Vast Majority of US Nursing Homes Fall Short of Meeting Minimal Staffing Requirements, According to Recent Regulations.

Vast Majority of US Nursing Homes Fall Short of Meeting Minimal Staffing Requirements, According to Recent Regulations.

A recent analysis by USA Today has found that nearly all nursing homes in the US fail to meet the minimum staffing requirements set forth by the Centers for Medicare & Medicaid Services (CMS). The analysis, which used payroll-based journal data from last August, showed that only 160 out of 14,500 skilled nursing facilities met the new requirements during the summer quarter of 2023. Furthermore, most nursing homes met the requirements on only three days out of a total of 92.

The CMS rule requires nursing homes to have a minimum of 3.48 hours per resident per day (HPRD) of total staffing, with specific allocations for registered nurses (RN) and nurse aides. However, according to the analysis, about 50% of federally funded facilities were able to provide at least 0.55 hours of care from an RN daily, while facilities were only able to provide each resident with 2.45 hours of care from a CNA on one day per week.

The gap in meeting staffing requirements was found to be significantly wider in many Southern states, with Louisiana, Oklahoma, and Texas performing the worst. In contrast, states such as Alaska, Hawaii, Utah, Maine, and Delaware fared better in meeting the total minimum staffing standard. The article notes that rural counties have five years to implement the minimum staffing standards, while urban areas are allowed up to three years.

The findings of this analysis highlight a significant challenge facing nursing homes across the US, particularly those in Southern states. The CMS rule is intended to ensure that residents receive adequate care and attention from qualified staff, but it appears that many facilities have a long way to go in terms of meeting these requirements.

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Exciting updates ahead: CMS to publicly release facility turnover and weekend staffing data!

CMS announces publication of nursing home staff turnover rates and weekend staffing levels on Care Compare, affecting Five-Star ratings from July 2024, amid concerns about high turnover impact on care quality.

The Centers for Medicare and Medicaid Services (CMS) has announced that it will begin posting nursing home staff turnover rates and weekend staffing levels on its consumer-facing website, Care Compare. This move aims to provide more transparency and information to consumers, residents, and families about the quality of care provided by nursing homes. The data will also be incorporated into the public Five-Star rating system in July.

Researchers have long linked high staff turnover rates with lower star ratings and poor resident outcomes, including infection control issues. A national analysis published in Health Affairs found that mean turnover rates were staggeringly high, with 140.7% among registered nurses, 129.1% for certified nursing aides, and 114.1% among licensed practical nurses. The publication of this data has been a long time coming, with the Affordable Care Act setting statutory requirements for its release.

CMS noted that facilities with lower nurse turnover may be able to identify changes in resident condition more quickly and provide better care. To encourage facilities to increase nurse staffing on weekends, CMS will begin posting data on weekend RN and total nurse staffing levels for all nursing homes on Care Compare. The goal is to put pressure on providers to improve their retention rates and address the needs of their staff.

Industry experts expect this increased visibility into operations to put additional pressure on providers. Residents and regulators will now be able to assess whether a facility is doing a good job retaining its staff, and facilities that want to improve their retention will need to better address the needs of their staff. This may include increasing wages and benefits for tenured staff.

CMS Provides Relief from Nursing Home Staffing Mandate with Flexibility on View Hardship Exemptions and a Phased Implementation Timeline.

Overview of CMS nursing home staffing mandate exemptions, including temporary hardship waivers, good faith hiring requirements, and $75M state support initiative for compliance assistance.

The article discusses the final rule issued by the Centers for Medicare & Medicaid Services (CMS) regarding minimum staffing requirements for nursing homes. The rule requires nursing homes to have a registered nurse on duty at all times and sets minimum staffing ratios for certified nursing assistants.

However, CMS has also established exemption criteria for facilities that are facing hardship in meeting these staffing requirements. To be eligible for an exemption, a facility must demonstrate that it is making good faith efforts to hire and retain staff, but is still unable to meet the minimum staffing requirements due to circumstances beyond its control.

The exemptions will be granted on a temporary basis and will need to be renewed at every recertification survey. Facilities that are found non-compliant with the minimum staffing requirements while not meeting the exclusionary criteria will need to provide documentation of their efforts to hire and retain staff, as well as demonstrate a financial commitment to adequate staffing.

CMS officials emphasized that the exemptions are designed to mitigate any challenges in the near term, but ultimately, all facilities must meet the minimum staffing requirements. The agency is also launching a nursing home staffing campaign, with plans to invest over $75 million to support state efforts to allow nursing homes to meet the minimum staffing requirements.

Industry leaders have expressed concerns that the exemptions may not be sufficient and that the financial incentives offered by CMS may not be enough to address the staffing challenges faced by many facilities. However, CMS officials believe that the final rule provides a balanced approach that promotes safe and high-quality care for residents while considering the current challenges faced by some facilities.

Key points:

  • The final rule sets minimum staffing requirements for nursing homes, including a registered nurse on duty at all times and minimum staffing ratios for certified nursing assistants.
  • Exemptions will be granted to facilities that demonstrate good faith efforts to hire and retain staff, but are still unable to meet the minimum staffing requirements due to circumstances beyond their control.
  • The exemptions will be temporary and will need to be renewed at every recertification survey.
  • Facilities found non-compliant with the minimum staffing requirements while not meeting the exclusionary criteria will need to provide documentation of their efforts to hire and retain staff, as well as demonstrate a financial commitment to adequate staffing.
  • CMS is launching a nursing home staffing campaign, with plans to invest over $75 million to support state efforts to allow nursing homes to meet the minimum staffing requirements.

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

Analysis of nursing homes' challenges with CMS staffing mandate exemptions process, highlighting issues with survey backlogs, limited eligibility criteria, and potential impact on care access.

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.

Stay ahead in your career by registering with us for updates and remembering key points when submitting PBJ data!

Guide to CMS Payroll-Based Journal reporting requirements during COVID-19, including deadline waivers, RN coverage tracking, and data validation procedures for Five-Star ratings.

The Centers for Medicare & Medicaid Services (CMS) has waived the deadline to report Payroll-Based Journal (PBJ) data for the second quarter of 2020 due to the COVID-19 public health emergency. Facilities are encouraged to still report their data as they are able, and there will be no penalties or negative impacts to staffing ratings for not submitting by May 15.

As facilities work to gather the necessary information for PBJ submission, there are several key things to remember. One of the biggest reasons skilled nursing facilities (SNFs) are downgraded in the staffing component of the Five-Star rating system is due to lack of Registered Nurse (RN) coverage. Facilities must ensure that they have adequate RN staffing and report accurate data to avoid a downgrade.

Other important reminders include monitoring nurse aide coverage, tracking hours worked by individual employees to avoid overworking or overstating hours, and ensuring weekend coverage for direct care staff. Additionally, facilities must deduct meal break time for all staff and allocate hours for universal care workers who perform multiple duties. It is also crucial to check the PBJ data for reasonability and compare it to the facility's budget and/or actual staffing levels.

The article also notes that CMS has revised the PBJ Data Specifications (Version 4.00.0) and XML files submitted with older versions will be rejected after June 2, 2020. Facilities should check their validation report after submitting their PBJ data and correct any errors before resubmitting.

Overall, it is essential for facilities to carefully review and prepare their PBJ data to ensure accuracy and compliance with CMS regulations. By following these reminders and guidelines, facilities can avoid common pitfalls and maintain a high level of quality care for their residents.

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