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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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COVID-19 Vaccination Coverage and SARS-CoV-2 Infection Rates Among US Nursing Home Residents from October 2023 to February 2024.

CDC report analyzing COVID-19 trends in US nursing homes from October 2023 to February 2024, revealing infection rate of 113.6 per 10,000 residents, hospitalization rate of 5.9 per 10,000, and vaccination coverage varying from 32.4% to 47.3% across regions.

This text appears to be a table and accompanying text from a Centers for Disease Control and Prevention (CDC) report on COVID-19 vaccination coverage, SARS-CoV-2 infection rates, and COVID-19-associated hospitalization rates among nursing home residents in the United States.

Here is a summary of the information presented:

Table:

The table presents data on COVID-19 vaccination coverage, SARS-CoV-2 infection rates, and COVID-19-associated hospitalization rates among nursing home residents in different regions of the United States. The regions include the Northeast, South, Midwest, Mountain, and Pacific.

For each region, the table provides:

  • The number of nursing homes reporting data
  • The total population of nursing home residents
  • The number of SARS-CoV-2 infections reported among residents
  • The rate of SARS-CoV-2 infection per 10,000 residents (with 95% confidence intervals)
  • The number of COVID-19-associated hospitalizations reported among residents
  • The rate of COVID-19-associated hospitalization per 10,000 residents (with 95% confidence intervals)
  • The percentage of up-to-date COVID-19 vaccination coverage among residents (with 95% confidence intervals)

Accompanying Text:

The text accompanying the table provides a brief introduction to the report and explains the methodology used to collect and analyze the data. It also highlights the main findings from the report, including the overall rates of SARS-CoV-2 infection and COVID-19-associated hospitalization among nursing home residents.

Key Findings:

Based on the table and accompanying text, some key findings include:

  • As of February 2024, the overall rate of SARS-CoV-2 infection among nursing home residents in the United States was approximately 113.6 per 10,000 residents.
  • The rate of COVID-19-associated hospitalization among nursing home residents was approximately 5.9 per 10,000 residents.
  • Up-to-date COVID-19 vaccination coverage among nursing home residents ranged from 32.4% to 47.3% across different regions.

Limitations:

The report notes that the data are subject to certain limitations, including:

  • The accuracy of the data depends on the reporting and testing practices of individual nursing homes.
  • The rates of SARS-CoV-2 infection and COVID-19-associated hospitalization may be underestimated due to underreporting or incomplete data.

Citation:

The report provides a suggested citation for referencing the article, including the title, authors, publication date, and DOI.

The Biden-Harris Administration has launched a groundbreaking initiative aimed at expanding access to quality care while providing greater support for families and caregivers

Biden-Harris Administration announces new rules to enhance healthcare access and workforce development in Medicaid and long-term care settings, including financial incentives for nurses and improved transparency measures.

This is a press release from the US Department of Health and Human Services (HHS) announcing new rules to improve healthcare access and workforce development in Medicaid and long-term care settings.

Key Points:

  1. Workforce Development: The Biden-Harris Administration aims to bolster the health care workforce, particularly in nursing homes, by providing financial incentives for nurses to work in these facilities.
  2. Transparency and Accountability: States will be required to collect and report data on Medicaid payments spent on direct care workers and support staff delivering care in nursing facilities and intermediate care facilities.
  3. Medicaid Access and Managed Care: The new rules create national standards for improving accountability, transparency, and access to health coverage in Medicaid and CHIP (Children's Health Insurance Program).
  4. Appointment Wait Time Standards: States will be required to have national appointment wait time standards, enforced through "secret shopper" surveys.
  5. Provider Payment Rates: States will now be required to disclose provider payment rates publicly.
  6. Beneficiary Advisory Committee: A new beneficiary advisory committee will be established in every state to allow for direct feedback from Medicaid and CHIP recipients.

Goals:

  1. Improve healthcare access and quality
  2. Enhance transparency and accountability in Medicaid and long-term care settings
  3. Support workforce development, particularly in nursing homes

Additional Resources:

  • Fact sheets on nursing home staffing standards, Access, and Managed Care can be found on the CMS website.
  • Further information is available at https://www.hhs.gov/news.

Overall, this press release highlights the Biden-Harris Administration's efforts to strengthen Medicaid and long-term care systems, improve healthcare access and quality, and support workforce development.

Minimum Staffing Requirements for Nursing Homes Are on the Horizon.

CMS finalizes nursing home staffing requirements mandating two RNs and 10-11 nurse aides daily with 24/7 RN coverage, estimated to cost $6B annually with five-year implementation period for rural facilities amid industry concerns about staff shortages.

The Biden administration has finalized new minimum staffing requirements for long-term care facilities, such as nursing homes, in the United States. The Centers for Medicare & Medicaid Services (CMS) will require nursing homes to have at least two registered nurses and 10-11 nurse aides on staff each day, with one RN available 24/7 to provide skilled nursing care. This move aims to improve patient care and address concerns about understaffing in these facilities.

However, the new requirements have received a mixed response from the industry. Some nursing home operators welcome the standards but express concern about the challenge of finding qualified staff due to a critical staffing shortage exacerbated by the pandemic. According to Deke Cateau, CEO of A.G. Rhodes, which operates nursing care facilities in Atlanta, about 5,000 nursing home staffers left during the pandemic, and there is not enough supply of registered nurses to meet demand.

The CMS estimates that implementing these new requirements could cost up to $6 billion a year, with no federal funding provided to support the additional staffing costs. Nursing care company owners or facilities will have to cover these costs themselves. The rules will be phased in over five years, giving rural nursing care facilities more time to staff up.

Despite some opposition from industry representatives, others support the minimum staffing mandate. Melanie McNeil, Georgia's long-term care ombudsman, believes that staffing minimums are essential to address common complaints about slow staff response times and inadequate care for residents with complex needs.

The Biden administration has introduced a new regulation requiring minimum staffing levels in US nursing homes.

Biden administration implements new nursing home staffing requirements mandating 24/7 nurse coverage and 3.48 hours of total nurse staffing per resident daily, with extended timeline for rural facilities and $75M allocated for national staffing campaign.

The article discusses new requirements from the Centers for Medicare & Medicaid Services (CMS) aimed at improving staffing levels in nursing homes, particularly in rural areas where workforce shortages are common.

Key Points:

  1. New Staffing Requirements: CMS has introduced new rules requiring nursing homes to have a nurse on site 24/7, with a minimum of 3.48 hours of total nurse staffing per resident per day.
  2. Rural Facilities: Rural facilities will have an extended timeline to meet the requirements due to workforce shortages in these areas.
  3. Exemptions: Facilities can apply for exemptions if they demonstrate good faith efforts to hire and retain staff, including paying competitive wages.
  4. Reporting Requirements: Providers must report staffing data, and CMS will publicly report this information.
  5. Funding: CMS has allocated $75 million for a national nursing home staffing campaign.

Impact:

  1. Improved Care: The new requirements aim to improve care quality by ensuring adequate staffing levels in nursing homes.
  2. Rural Workforce Challenges: The extended timeline for rural facilities acknowledges the challenges they face in hiring and retaining staff.
  3. Transparency: The reporting requirements will provide greater transparency into staffing levels and care quality.

Context:

  1. Workforce Shortages: Nursing homes, particularly in rural areas, have long struggled with workforce shortages.
  2. Care Quality Concerns: Previous concerns about for-profit players in healthcare spaces led to the introduction of these new requirements.

Overall, the article highlights CMS's efforts to address staffing challenges in nursing homes, particularly in rural areas, and improve care quality through increased transparency and accountability.

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