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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 Vaccine Effectiveness in Nursing Home Residents

Study demonstrates 31.2% reduction in COVID-19 infection risk among nursing home residents with up-to-date vaccination status, based on analysis of 9 million resident-weeks from 2022-2023.

The article discusses the effectiveness of COVID-19 vaccination in preventing SARS-CoV-2 infection among nursing home residents. The study analyzed data from November 20, 2022, to January 8, 2023, and found that being up-to-date with COVID-19 vaccination was associated with a 31.2% reduction in the risk of SARS-CoV-2 infection compared to not being up-to-date.

The study defined "up-to-date" as having received a bivalent vaccine dose or completing a primary series less than 2 months earlier. The analysis included data from over 9 million resident-weeks and found that the crude infection rate was significantly lower among residents who were up-to-date with their vaccination (12.3 per 1,000 resident-weeks) compared to those who were not up-to-date (16.6 per 1,000 resident-weeks).

The study used a zero-inflated negative binomial mixed model to estimate the rate ratio (RR) and vaccine effectiveness (VE). The results showed that being up-to-date with COVID-19 vaccination was associated with a significantly reduced risk of SARS-CoV-2 infection (RR: 0.69, 95% CI: 0.67-0.71).

The article concludes that staying up-to-date with COVID-19 vaccination is crucial for preventing SARS-CoV-2 infections among nursing home residents. The findings emphasize the importance of ongoing vaccination efforts in this vulnerable population.

Key statistics from the study include:

  • 31.2% reduction in the risk of SARS-CoV-2 infection among residents who were up-to-date with their vaccination
  • Crude infection rate: 12.3 per 1,000 resident-weeks among up-to-date residents, compared to 16.6 per 1,000 resident-weeks among not-up-to-date residents
  • Rate ratio (RR): 0.69 (95% CI: 0.67-0.71)
  • Vaccine effectiveness (VE): 31.2% (95% CI: 29.1-33.2)

CMS Finalizes Nursing Home Staffing Requirements Amid Industry Concerns

Detailed analysis of CMS's final nursing home staffing rule and AHA's opposition, highlighting concerns about healthcare access, workforce shortages, and potential facility closures.

The Centers for Medicare & Medicaid Services (CMS) has finalized minimum staffing requirements for nursing homes that participate in Medicare and Medicaid. The final rule, which was proposed in September, requires nursing homes to provide a minimum of 3.48 hours of nursing care per resident day, including 0.55 hours of care from a registered nurse per resident day and at least 2.45 hours of care from a nurse aide per resident day. Additionally, the rule mandates 24/7 onsite RN services.

The American Hospital Association (AHA) has expressed strong opposition to the final rule, arguing that it creates more problems than it solves and could jeopardize access to care across the continuum, especially in rural and underserved communities. The AHA believes that a skilled, caring workforce is integral to delivering high-quality, safe care, but that safely staffing any healthcare facility requires clinical judgment and flexibility to account for patient needs, facility characteristics, and the expertise and experience of the care team.

The AHA warns that the final rule could lead nursing homes to reduce capacity or close outright, resulting in a loss of beds that could adversely impact patients who need continuing care in nursing facilities. This, in turn, could lead to longer lengths of stay for hospital patients waiting for post-acute care placements and disrupt care for other patients awaiting elective surgeries or scheduled procedures. Furthermore, the AHA believes that the final rule could exacerbate existing shortages of nurses and skilled healthcare workers across the care continuum.

The AHA has called on Congress and the Administration to advance sustainable approaches to bolstering the healthcare workforce and delivering high-quality, safe, and accessible care. The organization is working with lawmakers to develop legislation that would prevent enforcement of the nurse staffing mandate and instead focus on developing more patient- and workforce-centered approaches to ensuring safe staffing in nursing facilities.

Nursing Facility Staffing Requirements Analysis

KFF analysis reveals only 20% of nursing facilities currently meet proposed staffing requirements, with estimated $40B implementation cost and challenges in enforcement and funding.

This text appears to be a report from the Kaiser Family Foundation (KFF) analyzing the impact of proposed staffing requirements for nursing facilities in the United States. The main points are:

  1. One in five nursing facilities would currently meet proposed requirements: According to the analysis, about 20% of nursing facilities would already meet the proposed requirements for nurse staffing hours.
  2. Adequate funding is a concern: The report notes that adequate funding for nursing facility inspections and enforcement is uncertain, which may affect the implementation of the new staffing requirements.
  3. Enforcement of RN requirement is unclear: There are questions about how CMS will enforce the 24/7 RN requirement, as current data only shows total RN hours per day, not when those hours occur.
  4. Costs and financing are concerns: The report estimates that complying with the proposed rule would cost $40 billion over 10 years, which may be passed on to payers, including residents and their families.
  5. Comparison to proposed rule is uncertain: Changes made to the staffing requirements in response to stakeholder comments could affect how many facilities can comply.

The analysis uses data from Nursing Home Compare as of August 2023, which provides information on quality of care and characteristics for approximately 14,900 Medicare and/or Medicaid-certified nursing facilities. However, there are limitations to the data, including:

  • Urban and rural facilities have different timelines: The analysis does not take into account that urban and rural facilities have different timelines to come into compliance with the rule.
  • No data on 24/7 RN requirement: Due to limitations of publicly available data, the analysis does not examine facilities that meet the requirement to have an RN on staff 24 hours a day, seven days a week.

Overall, the report highlights concerns about the feasibility and financing of implementing new staffing requirements for nursing facilities.

CMS Proposes Permanent NHSN Reporting Requirements

CMS proposal to make NHSN reporting permanent faces industry opposition due to concerns about redundant data collection requirements and impact on staff time and resident care.

The Centers for Medicare and Medicaid Services (CMS) has proposed making National Healthcare Safety Network (NHSN) reporting permanent, which would require nursing homes to continue reporting data on COVID-19, influenza, and RSV. The proposal comes despite concerns from long-term care providers that the reporting requirements are too frequent and redundant, taking up staff time and increasing the potential for fines.

The NHSN reporting requirements were initially implemented in May 2020 as a temporary measure during the COVID-19 pandemic. However, CMS is now seeking to extend them indefinitely under a proposed rule for the Home Health Prospective Payment System. The proposal would require nursing homes to report data on cases, vaccination rates, and hospitalizations for major respiratory diseases.

Long-term care providers have expressed concerns about the burden of NHSN reporting requirements, arguing that they are redundant and take away from resident care. Denise Winzeler, RN, of the American Association of Post-Acute Care Nursing, noted that vaccination rate reporting will become redundant by October 1, 2024, when it will be reported through the Minimum Data Set (MDS). LeadingAge, a nonprofit nursing home group, has also expressed concerns about the proposal, stating that it ignores their advocacy efforts to modify NHSN reporting.

CMS is seeking comments from providers on how to minimize the reporting burden of the NHSN requirements. However, providers are skeptical about whether CMS will take their comments into consideration, given that they have already asked for modifications or elimination of the requirements. The American Health Care Association has also expressed concerns about redundant data reporting and the impact it has on resident care.

The proposal has sparked debate among long-term care providers about the balance between transparency and reasonable data collection versus the need to focus on delivering care to residents. Providers are urging CMS to reconsider the proposal and find alternative ways to achieve its goals without adding to their reporting burdens.

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