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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 Establishes Minimum Staffing Standards for Nursing Homes

Overview of CMS's new minimum staffing standards requiring 3.48 hours of daily nursing care per resident, including RN and nurse aide requirements, with phased implementation and $75M workforce investment campaign.

The Centers for Medicare and Medicaid Services (CMS) has established minimum staffing standards for nursing homes participating in Medicare and Medicaid. The new rule requires nursing homes to provide residents with at least 3.48 hours of nursing care per day, including 0.55 hours from a registered nurse and 2.45 hours from a nurse aide. Additionally, nursing homes must have a registered nurse on-site at all times to provide skilled nursing care.

The minimum staffing standards are the first to be set by CMS at a national level and aim to improve care for nursing home residents while supporting workers. The new rule also includes enhanced facility assessment requirements and staffing plans to maximize workforce recruitment and retention. CMS will invest over $75 million in a national nursing home staffing campaign to bolster the nurse workforce in the sector.

The implementation of the minimum staffing standards will be phased, with staggered effective dates based on geographic location. Nursing homes will need to meet facility assessment requirements within 90 days of the final rule's publication, and must meet at least 3.48 hours per resident day and the 24/7 registered nurse requirement within two years. The full minimum staffing standards will be effective within five years.

The new rule is a response to concerns about inadequate staffing in nursing homes, which can lead to poor care quality. According to CMS, only 19% of nursing homes currently meet the proposed staffing standards. The rule aims to address this issue and ensure that residents receive high-quality care.

Healthcare Worker Vaccination Rates 2022-23

CDC report shows healthcare worker vaccination rates across 4,600+ facilities: 84.6% average for flu and 23.5% for COVID-19, with significant regional variations in coverage.

This text appears to be a table from a report by the Centers for Disease Control and Prevention (CDC) on influenza and COVID-19 vaccination coverage among healthcare personnel in the United States during the 2022-23 influenza season.

Here are some key points that can be gleaned from the table:

  • The table reports on data from over 4,600 healthcare facilities across the US.
  • Influenza vaccination coverage among healthcare personnel (HCP) ranged from 74.1% to 91.3%, with an average of 84.6%.
  • COVID-19 up-to-date vaccination coverage among HCP ranged from 16.1% to 40.7%, with an average of 23.5%.
  • Vaccination coverage varied by facility type, size, and region.
  • The South region had the lowest influenza vaccination coverage (74.1%) and the Pacific region had the highest (91.3%).
  • The Mountain region had the lowest COVID-19 up-to-date vaccination coverage (16.1%) and the Pacific region had the highest (40.7%).

Overall, the table suggests that while there is room for improvement, many healthcare facilities have made progress in vaccinating their personnel against influenza and COVID-19.

A staggering new study reveals that nearly 75% of nursing homes consistently fall short of meeting expected registered nurse staffing levels.

Harvard-Vanderbilt study reveals 75% of nursing homes fail to meet federal RN staffing expectations, with 91% falling short on weekends and significant discrepancies between self-reported and actual staffing levels.

A recent study has found that approximately 75% of nursing homes in the United States do not meet federal staffing expectations for registered nurses (RNs). The research, conducted by Harvard and Vanderbilt medical schools, analyzed payroll data from over 15,000 nursing homes across the country. The findings revealed that RNs are often absent from facilities on weekends, with 91% of facilities meeting expected staffing levels less than 60% of the time.

The study also found a significant discrepancy between self-reported staffing levels and actual staffing levels. Researchers discovered that 70% of facilities reported higher total direct staffing under the CASPER system compared to the Payroll-Based Journal (PBJ) system, which is now the standard for reporting staffing levels. The discrepancy was most pronounced at for-profit facilities.

The study's findings have broader implications than just staffing levels. David Grabowski, a co-author of the study, noted that many quality measures reported on Nursing Home Compare are self-reported and subject to bias. He suggested that CMS (Centers for Medicare & Medicaid Services) should increase auditing of these measures to improve reporting accuracy.

Industry leaders have responded to the study's findings by highlighting the challenges of recruiting and paying staff in the long-term care sector. Organizations such as LeadingAge and the American Health Care Association (AHCA) argued that judging nursing home quality solely on staffing levels is misguided, citing other important metrics such as care outcomes and patient satisfaction.

The study's authors concluded that CMS should leverage daily payroll data to incorporate staffing variation over time in its calculation of star ratings. They also suggested that surveyors should be aware of whether the staffing level at the time of inspection is typical, rather than relying on self-reported numbers or "staffing up" for inspections.

Hospital Staff Flu Vaccination Rates Drop During Pandemic

CDC study reveals significant decline in hospital staff flu vaccination rates from 85.1% pre-pandemic to 51.6% in 2022-23, with notable disparities between urban and rural facilities.

This is a research article from the Centers for Disease Control and Prevention (CDC) discussing influenza vaccination coverage among health care personnel in acute care hospitals during the COVID-19 pandemic. Here's a summary of the key points:

Decline in Influenza Vaccination Coverage

  • The study found that influenza vaccination coverage among health care personnel (HCP) in acute care hospitals declined significantly during the COVID-19 pandemic.
  • The decline was observed across all HCP types, including employees, licensed independent practitioners, and student trainees or volunteers.

Comparison of Pre-Pandemic and Pandemic Periods

  • During the pre-pandemic period (2017-18 to 2019-20), influenza vaccination coverage among HCP increased steadily.
  • However, during the pandemic period (2020-21 to 2022-23), vaccination coverage declined significantly.

Urbanicity and Vaccination Coverage

  • The study found that urbanicity was associated with higher vaccination coverage rates.
  • Rural areas had lower vaccination coverage rates compared to suburban and urban areas.

Key Findings

  • Influenza vaccination coverage among HCP in acute care hospitals declined from 85.1% in the 2019-20 season to 51.6% in the 2022-23 season.
  • The odds of being vaccinated were lower during the pandemic period compared to the pre-pandemic period.
  • Licensed independent practitioners had significantly lower vaccination coverage rates compared to employees and student trainees or volunteers.

Implications

  • The decline in influenza vaccination coverage among HCP is concerning, as it may compromise the health and safety of patients and staff in healthcare settings.
  • Strategies are needed to promote and support influenza vaccination among HCP, particularly during pandemics.

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