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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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Nursing Homes Face a Perfect Storm as Staffing Mandates Exacerbate Labor Shortages and Referral Gridlocks.

Analysis of New York's long-term care facilities struggling with state staffing mandates amid workforce shortages, highlighting industry calls for increased Medicaid funding and potential impact of national CMS requirements.

The article discusses the challenges faced by New York's long-term care facilities in meeting the state's minimum staffing requirements and the potential consequences of a national staffing mandate imposed by the Centers for Medicare & Medicaid Services (CMS). Industry leaders are calling for increased funding, particularly for Medicaid reimbursement rates, to help address the workforce shortage.

Some key points from the article include:

  • New York's long-term care facilities are struggling to meet the state's minimum staffing requirements due to a severe workforce shortage.
  • The state's Medicaid reimbursement rates are not sufficient to cover the costs of staffing, leading to difficulties in recruiting and retaining staff.
  • Industry leaders are calling for increased funding, particularly for Medicaid reimbursement rates, to help address the workforce shortage.
  • A national staffing mandate imposed by CMS could exacerbate the problem if it does not take into account the unique challenges faced by different states.
  • Some potential solutions include allowing medication technicians to work in long-term care facilities and offering scholarships for nurses.
  • New York's Assembly Bill A10515, which adds five different therapy roles to the state's staffing mandate, is seen as a step in the right direction.

The article quotes several industry leaders, including Stephen Hanse of LeadingAge New York and Michael Clyne of the New York State Health Facilities Association. They highlight the need for increased funding and flexibility in staffing requirements to address the workforce shortage.

Overall, the article suggests that a one-size-fits-all approach to staffing mandates may not be effective in addressing the unique challenges faced by different states, and that policymakers should consider the specific needs of each state when developing regulations.

The White House lends its support to expanding value-based purchasing in skilled nursing facilities, including adding staffing measures to the program.

Analysis of Illinois Medicaid reimbursement reform bill combining $500M funding increase with value-based payment measures, highlighting potential impact on patient-driven payment model.

The article discusses a bill in Illinois that aims to reform the state's Medicaid reimbursement system for skilled nursing facilities (SNFs). The bill, which is being monitored by analysts at Mizuho Securities USA, could potentially impact the patient-driven payment model (PDPM) and introduce bundled payments.

The Illinois bill differs from President Biden's call to expand value-based payment (VBP) measures in that it includes a funding mechanism. A tax tied to the bill would generate around $500 million for increased Medicaid reimbursements. The bill combines funding and paying for performance together, which is seen as a key aspect of its potential success.

The Illinois Health Care Association (IHCA) has been working on aspects of the bill for about six years and has been collaborating with the state on different iterations of the bill for two years. The association's executive director, Matt Hartman, expressed optimism that the legislature would pass the bill by April 8.Other stakeholders, including LeadingAge Illinois, have also expressed support for the bill. Angela Schnef, president and CEO of LeadingAge Illinois, noted that the initial bill had almost doubled the amount of money coming into the state to help those on Medicaid.

The article highlights the potential risks associated with changes to the payment model, including the possibility of re-introducing bundled payments. However, it also notes that the Illinois bill's combination of funding and paying for performance could be a key factor in its success.

Overall, the article suggests that the Illinois bill is an important development in the ongoing efforts to reform Medicaid reimbursement systems for SNFs, and that its outcome will be closely watched by industry stakeholders.

Nursing Homes Face Potential Closures and Financial Strains Due to New Staffing Requirements.

Analysis of CMS nursing home staffing mandate requiring 3.48 HPRD, detailing August 2024 implementation timeline, $75M nurse training allocation, and industry concerns about facility sustainability.

The Centers for Medicare & Medicaid Services (CMS) has finalized a staffing mandate for nursing homes, requiring them to meet minimum staffing standards. The rule, which is set to be published on May 10 and go into effect on August 9, mandates a minimum of 3.48 hours per resident per day (HPRD) of total staffing, with specific allocations for registered nurses (RN) and nurse aides.

CMS officials acknowledged that some nursing homes may struggle to meet the requirements, leading to potential closures or waivers. However, they emphasized that the current status quo of inadequate staffing is unacceptable and has resulted in poor quality care. The agency plans to implement the rule in three phases, with the first phase beginning within 90 days of publication.

The rule allows for some exemptions, including facilities located in areas with a low RN-to-population ratio or those that can demonstrate "good faith efforts" to hire and retain staff. However, these exemptions are limited in scope and temporary, and providers will be required to report information quarterly if they avail themselves of the exceptions.

Despite the phased implementation and exemptions, nursing home advocates have expressed concerns about the financial and logistical hurdles to enforcing the mandate. The federal government has allocated $75 million for nurse training, but advocacy groups consider this amount inadequate. Additionally, a KFF Health News analysis found that nearly 80% of nursing homes would not meet the minimum staffing standards.

CMS plans to partner with states to bolster nurse recruitment and will use existing survey processes to enforce the requirements. The agency also expects other states to join in funding the program, which is still being developed.

The finalized rule has been met with opposition from industry leaders, who have called it an "extinction event" for nursing homes. However, CMS views the exemptions and phased implementation as a way to ease the growing pains of the mandate.

Stay ahead in your career by avoiding common pitfalls in PBJ reporting.

Comprehensive guide to CMS Payroll-Based Journal reporting compliance, addressing key challenges including midnight split rule implementation and proper tracking of agency staff hours.

Here is a summary of the article "Avoid these ‘gotchas’ in PBJ reporting" by Don Feige:

The Centers for Medicare & Medicaid Services (CMS) has indicated that mandatory Payroll-Based Journal (PBJ) submission will not be delayed, with the first submission due on November 14. To ensure compliance, skilled nursing facilities must navigate several complex rules and definitions outlined in the CMS PBJ Policy Manual. One of these "gotchas" is the "Midnight Split," which requires direct care hours to be recorded on the calendar day they occurred, even if a shift spans multiple days.

Another challenge is ensuring that staffing data includes pay type and job title for each employee, rather than just listing the employee's name. Facilities must also capture all direct care hours, including those provided by agency or contract staff, and use a reasonable, auditable methodology to calculate these hours. Tracking agency and contract hours can be particularly difficult, but options include obtaining data from vendors, capturing it in timekeeping systems, or using vendor management software.

To stay PBJ compliant while managing costs, facilities must evaluate their current systems and processes, make necessary changes, and potentially invest in workforce software that can create PBJ reports. The article concludes by emphasizing the importance of staying on top of compliance deadlines, with key milestones including July 1 (start of data collection for 4th quarter reporting) and September 30 (last day of collecting 4th quarter reporting data).

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