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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 will implement updates to the Nursing Home Compare tool and Five-Star Quality Rating System starting April 2019.

Comprehensive overview of CMS Nursing Home Compare updates, including revised quality measure weightings, new point thresholds, and changes to health inspection and staffing rating calculations.

The article discusses the changes to the Nursing Home Compare website and the Five-Star Quality Rating System used by the Centers for Medicare and Medicaid Services (CMS). The updates aim to provide a more accurate reflection of nursing home quality and resident care.

Key Changes:

1. Weighting of measures: The scoring rules for quality measures have been changed to give more weight to those with greater opportunity for improvement.

2. New point thresholds: New point thresholds have been established for the overall quality measure rating, as well as short-stay and long-stay ratings.

3. Additional measures: Measures of long-stay hospitalizations and long-stay emergency department visits have been added to the quality measure rating.

4. Removal of physical restraints measure: The long-stay physical restraints measure has been dropped from the quality measure rating.

Impact on Star Ratings:

Facilities may see a change in their overall star rating due to various reasons, including:

  1. Changes in health inspection data
  2. Updates to staffing measures and ratings
  3. Changes in quality measures

Health Inspection Rating Changes:

Events that could change the health inspection score include:

  1. New health inspections
  2. New complaint deficiencies
  3. Revisits (second, third, or fourth)
  4. Resolution of Informal Dispute Resolutions (IDR) or Independent Informal Dispute Resolutions (IIDR)
  5. Aging of complaint deficiencies

Staffing Rating Changes:

Changes in staffing measures and ratings may be due to:

  1. Differences in the number of hours submitted for staff
  2. Changes in daily census
  3. Changes in resident case-mix from the previous quarter

Quality Measure (QM) Rating Changes:

A set of quality measures has been developed to describe the quality of care provided in nursing homes. These measures address a broad range of function and health status indicators. Changes in the quality measures may change the star rating.

The updates typically occur quarterly, and technical specifications for all measures are available on the CMS website.

CMS updates have substantially affected nursing homes' star ratings, bringing significant changes to their evaluation criteria.

CMS Five-Star Rating system update introduces new staffing domain, with analysis showing strong correlation between ratings and facility performance metrics including occupancy and Medicare volumes.

The article discusses the importance of the Centers for Medicare & Medicaid Services (CMS) Five-Star Rating system for skilled nursing facilities (SNFs). The rating system has been updated to include a new staffing domain, which may lead to changes in a facility's overall star rating. A lower star rating can have significant consequences, including reduced occupancy and Medicare volumes, as well as limited participation in value-based models.

The article cites an analysis by CLA, a professional services firm, which found strong correlations between CMS Five-Star Ratings and key performance indicators such as occupancy and Medicare volumes. The analysis also suggests that facilities with lower star ratings may be bypassed by consumers or referral sources in favor of those with higher star ratings.

Rob Schile, Principal at CLA, notes that the time is now for nursing homes to understand the changes occurring in the market and in Medicare, including the new star ratings methodology and the forthcoming transition to the Patient-Driven Payment Model. Cory Rutledge, senior living leader with CLA, emphasizes the importance of understanding these changes and their potential impact on a facility's financial performance.

CLA offers assistance to nursing homes through its senior living professionals, who can help model the financial impacts of changing star ratings and provide guidance on navigating the updated rating system.

Key points from the article:

  • The CMS Five-Star Rating system has been updated to include a new staffing domain.
  • A lower star rating can have significant consequences, including reduced occupancy and Medicare volumes.
  • Facilities with lower star ratings may be bypassed by consumers or referral sources in favor of those with higher star ratings.
  • CLA's analysis found strong correlations between CMS Five-Star Ratings and key performance indicators such as occupancy and Medicare volumes.
  • The time is now for nursing homes to understand the changes occurring in the market and in Medicare, including the new star ratings methodology and the forthcoming transition to the Patient-Driven Payment Model.

Overall, the article highlights the importance of understanding the updated CMS Five-Star Rating system and its potential impact on skilled nursing facilities.

Upcoming modifications to the Minimum Data Set (MDS) effective October 1 will substantially influence nursing home five-star ratings.

Detailed analysis of October 2023 MDS 3.0 changes affecting Five-Star ratings, including ADL scoring updates, revised staffing calculations, and new Quality Measure implementations.

The Centers for Medicare and Medicaid Services (CMS) has made significant changes to the Minimum Data Set (MDS) 3.0 assessment, effective October 1, 2023. These changes will impact Five-Star reporting for both Quality Measure (QM) ratings and Staffing ratings. The changes include the removal of section G used to calculate activities of daily living (ADL) scores, which will affect the QM rating and Staffing rating reported on the Care Compare website.

The changes will also impact the Five-Star Staffing Rating. Providers use the Payroll-Based Journal (PBJ) system to report actual staffing levels to CMS, which are then case-mix adjusted for acuity prior to calculating staffing rating points. The case-mix adjustment methodology has been updated to use a similar approach based on the Patient-Driven Payment Model (PDPM) Nursing Case-Mix Group (CMG). Additionally, revisions to the staffing rating thresholds have been made to ensure that the distribution of points remains unchanged.

The changes will also impact several Quality Measures (QMs), including short-stay and long-stay measures. The Residents Who Made Improvements in Functions short-stay measure will be replaced with the Discharge Function Score measure, while three long-stay QMs will be reformatted to replace section G data with equivalent section GG data. Reporting on these new measures will begin in January 2025. CMS has provided additional guidance and resources on these changes, including updated technical user guides and measure calculation manuals.

The article also notes that CMS-672 forms completed for survey purposes will no longer require the completion of fields using section G data as of September 29, 2023. The remainder of the form will still be completed until October 22, 2023, when these fields will be moved to CMS-671 and CMS-672 will be discontinued.

Overall, these changes aim to improve the accuracy and reliability of Five-Star reporting for nursing homes. However, they may require significant updates and adjustments from providers to ensure compliance with the new requirements.

COVID-19 first-dose vaccination rates were tracked among residents and staff at skilled nursing facilities participating in a pharmacy partnership program from December 2020 to January 2021.

CDC report on early COVID-19 vaccination coverage shows 77% of nursing home residents and 37% of staff received first dose through pharmacy partnership program by January 2021, with significant jurisdictional variations.

This text appears to be a Centers for Disease Control and Prevention (CDC) report on the early COVID-19 vaccination coverage among residents and staff members of skilled nursing facilities participating in the Pharmacy Partnership for Long-Term Care Program. Here is a summary of the report:

Background: The CDC, in collaboration with other organizations, launched the Pharmacy Partnership for Long-Term Care Program to provide COVID-19 vaccines to residents and staff members of skilled nursing facilities.

Methodology: The report analyzed data from December 18, 2020, to January 17, 2021, on vaccination coverage among residents and staff members of skilled nursing facilities participating in the program. The analysis included 11,376 facilities with a unique CMS Certification Number and at least one on-site clinic conducted through the program.

Findings: The report found that:

  • As of January 17, 2021, approximately 77% of residents and 37% of staff members had received at least one dose of COVID-19 vaccine.
  • Vaccination coverage varied by jurisdiction, with median percentages ranging from 51.4% to 95.5% among residents and 21.1% to 64.3% among staff members.

Conclusion: The report highlights the progress made in vaccinating residents and staff members of skilled nursing facilities through the Pharmacy Partnership for Long-Term Care Program. However, it also notes that there is still a need to increase vaccination coverage among both groups, particularly among staff members.

The text also includes tables, figures, and footnotes providing additional information on the methodology, data sources, and limitations of the analysis.

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