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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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Industry Response to Newly Implemented Staffing Regulations for Nursing Homes

Industry analysis of CMS's proposed 4.1 HPRD nursing staffing requirements, discussing operational challenges, increased costs, and potential benefits of shifting to resident-centered care model. Highlights recruitment challenges and cultural changes needed.

The proposed minimum staffing requirements for nursing homes, which are part of a broader effort to improve care quality and safety in these facilities. According to CMS's proposal, nursing homes would be required to have at least 4.1 hours per resident day (HPRD) of total nurse time, including RNs, LPNs/LVNs, and CNAs.

Afzal, a healthcare consultant, notes that the proposed requirements could lead to operational disruption and increased costs for facilities. However, he also believes that the requirements could prompt a cultural shift in facilities towards a more resident-centered care model.

Some of the key points:

  • The proposed minimum staffing requirements are part of a broader effort to improve care quality and safety in nursing homes.
  • Facilities may face operational disruption and increased costs as they work to meet the new requirements.
  • The requirements could prompt a cultural shift in facilities towards a more resident-centered care model.
  • Recruitment challenges may arise as facilities work to meet the new staffing requirements.

The article also mentions that part two of this series will provide detailed recommendations for facilities on how to recruit staff and prepare to meet the new requirements.

This article was originally found on iadvanceseniorcare.com

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New Minimum Staffing Standards by CMS Worsens Financial Challenges for Nursing Homes

Examination of financial challenges facing nursing homes under new CMS staffing standards. Only 20% of facilities currently meet requirements, with concerns about Medicaid reimbursement rates and long-term financial sustainability.

The Centers for Medicare & Medicaid Services (CMS) has issued a final rule on minimum staffing standards for long-term care facilities, which will require nursing homes to increase their staffing levels in order to create a safer living environment for residents. The new rule mandates a minimum staffing standard of 3.48 nursing hours per resident day (HPRD) and will be phased in over the next several years.

While the goal of increasing staffing levels may seem laudable, experts warn that this mandate could further complicate the already financially troubled nursing home industry. According to KFF.org, only one in five facilities currently meet the minimum staffing criteria required at full implementation, and many nursing homes are struggling to stay afloat due to low Medicaid reimbursement rates.

The financial squeeze on nursing homes is exacerbated by the fact that almost 70% of residents rely on Medicaid to pay for their care, which often results in losses for the facility. The difference between private pay and Medicaid payment rates can be significant, with many facilities losing money every month on Medicaid patients. To address this issue, industry experts are calling for increased financial support from the government or alternative solutions that would allow nursing homes to provide quality care while remaining financially sustainable.

Financial planners emphasize the importance of planning ahead for long-term care needs. They advise people to start looking ahead around age 62, when considering signing up for Social Security and Medicare, and to develop a comprehensive plan that can pay great dividends both financially and in quality-of-life decades later.

The situation highlights the need for individuals to rely less on government support and more on their own planning and preparation. By taking proactive steps, people can ensure that they are prepared for potential long-term care needs and avoid being caught off guard by unexpected expenses or reduced access to care.

This article was originally found on post-gazette.com

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Breaking News: AHCA Sues to Overturn Nursing Home Staffing Rule

AHCA files lawsuit against HHS challenging CMS's nursing home staffing rule, arguing it exceeds statutory authority and fails to account for staffing shortages, particularly in rural areas. References Oyez vs. Department of Labor case as precedent.

The American Health Care Association (AHCA) has filed a lawsuit against the US Department of Health and Human Services (HHS) and its Secretary, Xavier Becerra, challenging the Centers for Medicare and Medicaid Services' (CMS) new rule requiring nursing homes to have a registered nurse (RN) on staff 24/7 and meet specific hourly staffing requirements.

The lawsuit claims that CMS exceeded its statutory authority in implementing the rule, which will force many nursing homes to significantly increase their RN and nurse aide (NA) staffing. The AHCA argues that this will be impossible for some facilities, particularly those in rural areas with limited access to RNs and NAs.

The plaintiffs also argue that the rule irrationally discounts the contributions of licensed vocational nurses (LVNs) and licensed practical nurses (LPNs), who are often used by nursing homes to provide care. The AHCA claims that CMS failed to adequately account for the ongoing shortage of RNs and NAs, which will be exacerbated by the artificial demand created by the rule.

The lawsuit references a previous case, Oyez vs. the Department of Labor, in which the Supreme Court ruled in favor of the National Federation of Independent Business when it challenged the Occupational Safety & Health Administration's authority to mandate COVID-19 vaccines or testing for employers with at least 100 employees. The AHCA argues that this ruling supports its claim that CMS exceeded its statutory authority in implementing the new rule.

The lawsuit asks the court to declare that the 24/7 RN and hourly requirements exceed CMS's statutory authority and are arbitrary and capricious, and to issue orders setting aside the requirements and stopping HHS from enforcing them.

This is a developing story, and McKnight's will provide additional coverage as more information becomes available.

This article was originally found on mcknights.com

CMS poised to launch a national staffing campaign

CMS announces upcoming national campaign to support nursing homes in meeting new staffing requirements. Addresses industry concerns about $6.5B annual costs and need for 102,000 additional clinicians. Campaign to launch summer 2024 with focus on quality care.

The Centers for Medicare & Medicaid Services (CMS) has announced that it is developing a national nursing home staffing campaign to help operators meet the federal minimum staffing mandate. The campaign will provide support and resources to facilities struggling to comply with the new requirements, which include a total nurse staffing standard of 3.48 hours per resident day, with 0.55 hours of direct registered nurse (RN) care and 2.45 hours of direct nurse aide (CNA) care.

The CMS finalized the rule last week, despite criticism from the nursing home industry, including LeadingAge and the American Health Care Association/National Center for Assisted Living (AHCA/NCAL), which argued that the rule lacks financial support. CMS officials acknowledged that some facilities may close as a result of the mandate, but stated that the current situation with inadequate staffing has resulted in poor quality of care and necessitated a change.

The campaign will be rolled out this summer, and will include staggered implementation timelines for rural and non-rural areas, as well as time-limited hardship exemptions to provide temporary relief. CMS officials emphasized that the rule is intended to drive the delivery of safe, quality care for all residents, and to reduce health disparities by ensuring that facilities maintain adequate staffing levels.

Dr. Dora Hughes, acting deputy administrator and director of the Center for Clinical Standards and Quality at CMS, stated that the agency received over 46,000 comments on the rule, including many personal stories of residents going hours without toileting assistance, days without showers, and having medications delayed or missed entirely. She noted that these conditions disproportionately affect residents of color, and that mandating minimum staffing requirements will improve quality of care provided to residents from marginalized communities.

The article also mentions that companies such as AHCA/NCAL have estimated that the rule will cost $6.5 billion annually and require 102,000 extra clinicians, which could displace a quarter of residents. However, CMS officials are confident that the campaign will help facilities comply with the new requirements and improve quality of care for all residents.

This article was originally found on skillednursingnews.com

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