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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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CMS Publishes Final Staffing Requirements Rule

CMS releases final nursing home staffing rule requiring 3.48 hours of daily care per patient and 24/7 RN coverage. Includes exemption provisions, staggered implementation timelines for rural/non-rural facilities, and criteria for hardship waivers.

The Centers for Medicare & Medicaid Services (CMS) has released a final rule outlining staffing requirements for nursing homes, including a minimum of 3.48 hours of direct daily care per patient. The rule also requires registered nurses to be on-site 24 hours a day, seven days a week, but allows for exemptions in certain circumstances.

The CMS announced that it will exempt nursing homes from having registered nurse coverage for up to eight hours out of 24 hours a day "under certain circumstances." Additionally, the director of nursing can count toward the rule's 24/7 RN requirement. The agency stated that this ensures an RN is available to help mitigate preventable safety events.

The White House announced that the final rule would increase direct daily care per patient from a proposed 3.0 hours to 3.48 hours, with 3.0 of those hours being provided by licensed nurses and nurse aides. The remaining 0.48 hours can be provided by other caregivers. The CMS also established criteria for facilities seeking exemptions from the total nurse staffing requirement, including a minimum combined licensed nurse and nurse aide-to-population ratio in their area that is at least 20% below the national average.

The implementation of the rule will be staggered, with rural facilities having up to five years to meet the last of the requirements, while non-rural providers have three years. Facilities can also apply for exemptions if they demonstrate "good faith efforts" to hire and retain staff, such as through job postings and competitive wage offerings.

The announcement has received mixed reactions from the long-term care industry, with some criticizing the timing and the potential impact on facilities already struggling to recruit and retain staff.

This article was originally found on mcknights.com

Nursing homes push back against CMS value-based purchasing proposals, but welcome stability amidst ongoing changes

CMS proposes new rule to stabilize SNF Value-Based Purchasing program, introducing eight factors for measure evaluation and automatic retention policy. Includes potential additions for interoperability, health equity, and social determinants measures.

The Centers for Medicare & Medicaid Services (CMS) has proposed a rule that would stabilize the process of selecting, retaining, and removing measures in the Value-Based Purchasing (VBP) program for skilled nursing facilities (SNFs). The proposed rule includes eight specific factors that CMS would consider when determining whether a measure should be removed or replaced. These factors include uniformly good performance across a measure, signaling that "meaningful distinctions and improvements in performance can no longer be made"; and whether improvement on a given measure is helping resident outcomes.

The proposed rule also states that once a measure is adopted for the VBP program, it would automatically be retained for all subsequent years unless CMS specifically proposes to remove or replace it. This policy would mean that CMS would not have to continuously propose a measure for inclusion year after year.

Industry experts welcome this proposal as it brings stability to the process and allows SNFs to focus on improving quality without worrying about changes in measures every year. However, there may be some critics of specific measures, but overall, the proposal is seen as a positive step forward.

The proposed rule also mentions that CMS is considering adding new measures related to interoperability, health equity, and social determinants of health. Additionally, CMS is assessing several resident experience measures and considering whether a composite staffing measure is feasible, which would combine the two separate staffing measures in the current set.

Public comments on the proposed rule are being gathered through May 28.

This article was originally found on skillednursingnews.com

Latest Legislative Updates in the Nursing Home Sector

Key legislative updates in nursing home sector: senators oppose CMS staffing mandate citing veteran care access concerns, OIG reports 25% of for-profit homes non-compliant with infection control staffing, FDA approves updated COVID vaccines, and CMS addresses No Surprises Act complaints.

  1. Senators urge CMS to withhold staffing mandate: A group of senators has written to the Centers for Medicare and Medicaid Services (CMS) requesting that they withhold a proposed rule requiring minimum staffing levels in skilled nursing facilities. The senators argue that this requirement would have unintended consequences, including reducing access to care for veterans.
  2. OIG estimates 1 in 4 for-profit nursing homes not complying with infection control staffing rules: According to the Office of Inspector General (OIG), approximately one-quarter of for-profit nursing homes are not adhering to regulations regarding infection control staffing.
  3. Updated COVID shots from Pfizer, Moderna cleared by FDA: The US Food and Drug Administration (FDA) has approved updated versions of COVID-19 vaccines developed by Pfizer and Moderna.
  4. CMS has received 12K complaints of No Surprises noncompliance; won $1.7M in restitution: The Centers for Medicare and Medicaid Services (CMS) has reported receiving over 12,000 complaints regarding non-compliance with the No Surprises Act. As a result, CMS has secured approximately $1.7 million in restitution.
  5. New Jersey to erase $100M of medical debt: New Jersey Governor Phil Murphy announced that the state will eliminate around $100 million worth of medical debt for approximately 85,000 residents.

This article was originally found on healthcaredive.com

SARS-CoV-2 Infection and Mortality Rates During Early Omicron Waves

CDC report analyzing SARS-CoV-2 infection trends among maintenance dialysis patients during Delta and Omicron waves, highlighting vaccination effectiveness in reducing infection rates and severe illness outcomes.

The Centers for Disease Control and Prevention (CDC) has released a report on SARS-CoV-2 infections among maintenance dialysis patients in the United States during the Delta and early Omicron waves. The report provides an overview of the data collected, methodology, and results.

Here are some key points from the report:

  • The study analyzed data from June 30, 2021, to September 27, 2022, which covers the Delta and early Omicron waves.
  • The study included maintenance dialysis patients who were vaccinated with either a primary or booster dose of COVID-19 vaccine.
  • The results showed that SARS-CoV-2 infection rates decreased over time among vaccinated patients, but increased among unvaccinated patients.
  • The report highlights the importance of vaccination in preventing SARS-CoV-2 infections and severe illness among maintenance dialysis patients.
  • The study also found that COVID-19-related deaths were more common among older adults (≥ 75 years) and those with underlying health conditions.

The report includes several figures, including:

  • Figure 1: SARS-CoV-2 infections per 10,000 patient-weeks among maintenance dialysis patients by primary and booster dose vaccination status.
  • Figure 2: Age-stratified population-based SARS-CoV-2 incidence and COVID-19-related death rates among the overall U.S. population and maintenance dialysis patients.

The report concludes that vaccination is an effective way to prevent SARS-CoV-2 infections and severe illness among maintenance dialysis patients, particularly those with underlying health conditions.

This article was originally found on cdc.gov

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