The April 2022 National Academies report recommends direct-care registered nurse coverage 24 hours a day, with additional registered nurse coverage that reflects resident census, acuity, case mix and residents professional nursing needs as determined by their assessments and care plans. Other states may have adopted or proposed Medicaid provider reimbursement rate changes that do not explicitly require corresponding increases in direct care staff wages. As of November 29, 2022, the regulations were approved by the Independent Regulatory Review Commission (IRRC) and the Office of Attorney General. The government has increased scrutiny and staffing requirements in response to COVID-19. This effort includes issuing a Request for Information (which occurred earlier this year as a part of the Fiscal Year 2023 Skilled Nursing Facility Prospective Payment System Proposed Rule[3]) and conducting a new study. Following up on the White House announcement of a package of nursing home reforms, the Centers for Medicare and Medicaid Services (CMS) recently released a request for information to inform its planned development of a federal minimum staffing requirement for nursing homes. If DON has institutional responsibilities, add 1 Assistant DON RN full-time. Weve heard directly from hospitals their frustration about not being able to discharge people who are not ready to return to the community, he said. Compared to the federal minimum of 0.30 hprd, three states have standards below this level, three states adopt the federal minimum, and 45 states have standards above the federal minimum. Additionally, observational data will be collected onsite using trained clinicians who will observe and record time spent on care provision, including taking care to differentiate time spent on care provision from time spent on administrative nursing. States can choose to adopt staffing or training requirements that are stricter than federal rules as part of their role in licensing nursing home providers and administering state Medicaid programs, which finance the majority of nursing home care. Multiple comments stated that residents will go entire shifts without receiving toileting assistance, leading to falls or increased presence of pressure ulcers. WebThe monthly median cost of assisted living in Virginia is $4,451, which is higher than the national average of $4,000. We also are grateful for the dedicated work of Meghana Ammula, KFF research assistant. Unless the government increases the amount it pays for nursing home care, Sandri says, "we just don't have it in our piggy bank. The law requires the states more than 600 nursing homes to provide 3.5 hours of care per resident per day. "You have an opportunity to save my life," he says. If LPN is Charge Nurse, RN must be on call. 0000004511 00000 n 0000008976 00000 n Why hold facilities to a number when there aren't people to fill the jobs? Other commenters representing advocacy groups stated that resident acuity should be a primary determinant in establishing minimum staffing standards, noting that Medicare pays nursing homes based on resident acuity level. found that although minimum staffing thresholds exist, the requirements are vague and not adequate for providing seniors with an acceptable level of care. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. Over the next year, policy action is expected on the federal level related to nursing home staffing. It means that you have to confront issues around wages, issues around benefits, issues around working conditions and what it means to have a safe working environment for the caregivers.. 0000013059 00000 n In some states, the minimum requirement is half the recommended level. 1 DON RN full-time. To attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident. [12] Going forward, providers would be well-served to keep in mind these and any other regulatory staffing requirements. For example, in three states (Alaska, Hawaii, and North Dakota) and the District of Columbia, fewer than 10 percent of freestanding nursing facilities have 1- or 2- star staffing ratings, while in three other states (Georgia, Louisiana, and 2.5 hprd for intermediate care, 3.8 hprd for skilled nursing care. To maintain the highest practicable physical, mental, and psychological well-being of each resident. Emma Childress , and Over 200,000 residents and staff in long-term care facilities have died from COVID-19, comprising more than one in five of all COVID-19 deaths in the U.S.1 Most of these deaths (about 155,000) have occurred in nursing homes that are certified to participate in the Medicare and/or Medicaid programs.2. NurseDash offers a variety of features to help nursing homes with their staffing needs, including: If youre looking for a nursing staffing solution, look no further than NurseDash. Another commenter, whose parents live in a nursing home, noted that they visit their parents on a daily basis to ensure the provision of quality care and reported that staff in the facility have stated that they are overworked and understaffed. Launched in August 2022 and expected to continue through the winter, the staffing study is comprised of four main parts: literature review, site visits, quantitative analyses, and cost analyses all further described below. Please provide a separate email, requesting confirmation of receipt, if applications are submitted electronically. Top Characteristics of a Successful Nursing Student and How to Improve Them, Ultimate Guide to Nursing School Must-Haves, Prioritizing Self-Care: A Guide for Nursing Students, 4 Great Takeaways From Our Latest Fireside Chat About College Financial Aid, Top Nursing Tips: How to Make 2023 Your Best Year Yet. In January 2022, CMS began posting data on the level of weekend resident nurses, total nurse staffing, and staff turnover for all nursing homes on the Care Compare website. Others pointed to the variability of the various states Medicaid labor reimbursement and suggested that Medicaid rates in many states do not keep pace with rising labor costs. (Note: For 149 beds, DON may provide direct care and be included in direct care ratios.). [1] A September 2021 survey by the American Health Care Association and the National Center for Assisted Living showed that 86% of nursing homes and 77% of assisted living providers said their workforce situation has gotten worse over the three months preceding the survey. CMS is also conducting a stakeholder listening session on August 29, 2022 from 1-2:30 p.m. EST to provide information on the study and solicit additional stakeholder input on minimum staffing requirements. 1 RN 8 consecutive hrs/7d/wk & 1 RN/LPN for 2 remaining While Medicare and Medicaid reimbursement rates to nursing homes can indirectly influence worker wages, states also can adopt policies to require or incentivize providers to raise wages paid to direct care workers. CMS has advised states to reevaluate their training programs and consider allowing some of the time worked by nursing aides during the public health emergency to count toward the 75-hour training requirement after the waiver ends. Some states explicitly require a minimum number of staff hours per resident day, while other states call for nursing homes to provide direct care staff 24 hours per day, seven days per week, without an explicit number of hours per resident requirement. Interviews with nursing home leadership, direct care staff (including RNs, LPNs/LVNs, and CNAs), and residents and their family members will be conducted to better understand the relationship between staffing levels, staffing mix (what types of staff are present), and resident outcomes and experiences (i.e., clinical outcomes, safety, health disparities) using rich contextual information collected during the interviews. Training: At least 3 states (KY, MO, WI) adopted permanent changes to staff training requirements post-COVID to expand the pool of staff available to work in nursing homes, while at least 8 states (AK, CT, DE, IA, IN, KS, MO, WI) adopted temporary changes in this area. WebThe Manager of an ALR must: Be at least 21 years old Have experience in administration, supervision, and management Have a Bachelor's degree or equivalent experience in human services management, housing management, or nursing home management The Manager must be of good moral character and must never have been convicted of a felony. Or when he misses his wheelchair time because there aren't enough staff to lift him out of bed. The law requires the states more than 600 nursing homes to provide 3.5 hours of care per resident per day. All of the states adopting permanent minimum staffing changes post-COVID, including Georgia with its decrease, continue to exceed the federal minimum staffing requirement of 0.30 hours per resident day. The Biden Administration has announced plans to propose new federal minimum staffing adequacy regulations in the next year. The 1987 Nursing Home Reform Act, which brought sweeping changes to the industry, requires facilities to have "sufficient" staff so that residents can achieve or maintain their "highest practicable" physical, mental and psychosocial well-being. Senator Bob Casey Jr. outlining their concerns about a proposed federal staffing requirement by the Centers for Medicare and Medicaid %PDF-1.7 % At least three states adopted temporary wage increases or one-time bonuses for nursing home staff post-COVID. Lying in bed in his darkened room, Miller usually knows when there are fewer than five nursing assistants tending to the 50 or so residents on his hall. Detailed state-level information is included in the Appendix Tables. CMS administrator Brooks-LaSure says she's listening to industry concerns, including their call for more money to keep up with rising costs, especially labor. Also, you can decide how often you want to get updates. Over the next year, policy action is expected on the federal level related to nursing home staffing. However, the current minimum thresholds for nursing home staffing may soon be changing. Nursing home resident advocacy groups and family members of residents were generally strongly supportive of establishing a minimum staffing requirement, while other industry and provider groups expressed significant concern. The law was first introduced by former Gov. "They look to you for comfort, but then when you don't have time to adequately give them the comfort they deserve, it's not fair," says Ward. The nursing home industry has been struggling in recent years, with many facilities already cutting back on services due to budget constraints. New York State Health Facilities Association. Some commenters suggested that CMS focus on implementing an acuity staffing model per shift instead of a minimum staffing requirement, while some recommended a staff to patient ratio instead. 0000055058 00000 n In Figure 2 summarizes state activity post-COVID in the areas of minimum staffing requirements, worker wages, and training requirements. Opens in a new window. Here, you'll find our nursing home resources, including COVID-19 public health emergency response information. The Centers for Medicare & Medicaid Services (CMS) has launched a multi-faceted approach aimed at determining the minimum level and type of staffing needed to enable safe and quality care in nursing homes. 0000007128 00000 n 2.70 hprd; 1:20 ratio of nursing staff to residents; 2 staff on duty at all times, Texas (Austin, Dallas, Houston, San Antonio). The vast majority of those comments voiced concerns related to residents not receiving adequate care due to chronic understaffing in facilities. umw=@em;o~mvwnyes,>xyOmoK]q6rk^/B xc6@0 The legislation also would have replaced the current federal requirement for a registered nurse for at least eight consecutive hours per day, 7 days per week, with a new requirement for a registered nurse 24 hours a day. According to Genworths 2018 Cost of Care Survey, assisted WebNew Appraisal Review Requirements and Instructions Regarding Department of Veterans Affairs Appraisal Management Service for the Lender Appraisal Processing Program and Listed on 2023-03-01. Arkansas also adopted a broader definition of the direct care staff whose hours count toward its new minimum staffing requirement, while Rhode Island no longer allows director of nursing hours to count toward its new minimum staffing requirement. All rights reserved. Holly Ward has worked as a geriatric nursing assistant at a nursing home in Baltimore for four years. These changes apply to all staff and are not limited to providers that participate in Medicaid. In conducting the cost-benefit analysis required for any rulemaking, including the staffing requirement, CMS must evaluate any associated incremental costs that facilities would likely face. The Department recently made major changes to the state nursing home regulations. Arizona introduced HB 2848 on February 11, 2021, which would have increased its minimum staffing requirement. One of these states, Wisconsin, lowered the training hour requirement for nurse aides from 120 hours to the federal minimum of 75 hours. [10] See, e.g., CY 2022 Medicare Physician Fee Schedule, available at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/PhysicianFeeSched. Filling the need for trusted information on national health issues, MaryBeth Musumeci , While Congress could adopt legislative changes, it is currently unclear whether the nursing home provisions that were included in the Build Back Better legislation that passed the House would be included in a potential budget reconciliation package that could be considered this summer. But those state-level requirements are all lower than what the federal government recommended more than two decades ago, the last time the issue was studied. Bradley attorneys can assist with the full spectrum of healthcare regulatory and employment matters, or with any other matter that arises in the long-term care space. This RFI was a first step to facilitate a holistic approach to advancing future changes in these areas. A federal government website managed and paid for by the U.S. Centers for Medicare & Medicaid Services. CMS appreciates the interest shown by so many stakeholders to date during the RFI process and looks forward to further engagement on this issue. Multiple comments stated that residents will go entire shifts without receiving toileting assistance, leading to falls or increased presence of pressure ulcers. This brief examines state legislative and regulatory actions since the onset of the pandemic to address nursing home staffing, including minimum staffing requirements, policies that directly affect worker wages (other than increases to provider reimbursement rates), and training requirements. Legislation that would have permanently increased minimum staffing requirements post-COVID was proposed but failed to pass in at least two states. At least three states adopted permanent changes to staff training requirements to expand the pool of staff available to work in nursing homes post-COVID (Figure 2 and Appendix Table 3). WebState Minimum Staffing Standard for Licensed Nursing Homes Staffing Standard Converted to hprd for 100-Bed Facility Staffing Standard Citation and Hyperlink AK 0000031451 00000 n Previously, she covered the legal beat for various publications. "It's a bad day when I'm in pain, and I'm not going to get relief in a timely fashion," says Miller, who describes himself as a functional quadriplegic. Missouri also established reciprocity standards to allow out-of-state certified nursing assistants (CNAs) to work in Missouri. The agency initially published a Request for Information (RFI) soliciting public comments on minimum staffing requirements in April 2022, within the Fiscal Year 2023 Skilled Nursing Facility Prospective Payment System Proposed Rule. 1 DON RN full-time (1 per facility); 1 RN Charge Nurse 24hrs/7d/wk. "In D.C., you can work for Amazon at $19 an hour. Flexible pay and scheduling structures for nursing staff, including incentive pay, career development and training programs, and alternative benefits that do not increase base pay. A goal of North Carolinas legislation is to raise staff wages to $15.00 per hour; prior to the increase, wages averaged $10.30 per hour. Key findings include the following: Staffing Requirements: At least five states (AR, CT, MA, NY, RI) adopted permanent increases to nursing home minimum staffing requirements after the onset of the COVID-19 pandemic, while at least one state (GA) adopted a permanent decrease. as it crafts future minimum staffing requirements that advance the publics interest of safe, quality care for residents. [9] Senate Bill 6346 (State of New York) (2021). This simulation model is important to ensure that the staffing study reflects not just what staffing levels exist currently as a descriptive model, but also what staffing levels are needed for safe, quality care for patients at varying acuity levels. Fines for noncompliance could be up to $2,000 a day, she said. Importantly, this study is on an accelerated timeline and seeks to build on, not replace, previous studies. 1 RN Day & Evening; 1 RN/LPN Night. Facilities can post open shifts that result from job vacancies, sickness, vacations, or even an increase in minimum staffing requirements and nurses can choose the shifts that work best for them, in their desired location. Nursing aides (also called nursing assistants) provide the majority of direct care in nursing homes. As part of the staffing study, quantitative analyses will be conducted to identify staffing levels associated with improved quality of care and resident safety in nursing homes. Listing for: ProMedica Senior Care. 1 Assistant DON RN/LPN full-time. Following up on the White House announcement of a package of nursing home reforms, CMS recently released a request for information to inform its planned development of a federal minimum staffing requirement for nursing homes. 2.5 hprd minimum (included RN/LN with administrative or supervisory duties). The April 2022 National Academies report recommends direct-care registered nurse coverage 24 hours a day, with additional registered nurse coverage that This issue brief summarizes federal and state standards related to nursing home staffing prior to COVID-19 and builds on existing information by identifying changes to state minimum staffing requirements adopted since the onset of the COVID-19 pandemic. Examine trends, challenges and opportunities facing clinical leaders in skilled nursing. There is substantial variation in state minimum staffing requirements (Figure 1). Skilled Nursing News How does new federal staffing requirements affect facilities? On bad days, something goes wrong and it takes awhile before someone is available to respond to his call button sometimes 45 minutes or longer. Washington Offices and Barbara Jordan Conference Center: 1330 G Street, NW, Washington, DC 20005 | Phone 202-347-5270, www.kff.org | Email Alerts: kff.org/email | facebook.com/KaiserFamilyFoundation | twitter.com/kff. 0000002105 00000 n The feedback received has and will be used to inform the research study design and proposals for minimum direct care staffing requirements in nursing homes in 2023 rulemaking. 1 Department of Social & Behavioral Sciences, University of California, San Francisco, San Francisco, CA, USA. Additionally, the federal regulations include a qualitative standard, which requires nursing homes to provide sufficient nursing staff to maintain the highest practicable physical, mental, and psychosocial well-being of each resident. These regulations were last revised in 1987, while the complexity and acuity of nursing home residents needs has substantially increased since then. [4] H.R. 0000031136 00000 n rV3f2cP!aOI4XX\f3  "c:C]'5x ?(0}CP uzHq8A,7wvVSg`wg 2L@zK2(I~@Za,3X6}z` 7s endstream endobj 2476 0 obj <>/Filter/FlateDecode/Index[154 2281]/Length 67/Size 2435/Type/XRef/W[1 1 1]>>stream Connecticut and Kansas adopted changes that allow temporary nurse aides to work, though Connecticuts temporary executive order has expired. Ward will find that while she's attending to one resident, another is incontinent. A decade after suffering a stroke that forever changed his life, Maurice Miller has good days and bad ones. Massachusetts and North Carolina both direct nursing homes to devote a certain share of the rate increase to direct care staff wages (75% and 80%, respectively). 0000030078 00000 n Tina Sandri, CEO of Forest Hills of DC, poses for a portrait in the courtyard of the nursing home in Washington, D.C., last week. CMS also plans to conduct a research study, noting that resident acuity has increased in recent years, and to issue proposed regulations within one year. In Baltimore, Holly Ward is a geriatric nursing assistant at a nursing home that has earned an "above average" rating for staffing from CMS. The information obtained through these efforts will inform future proposed rulemaking on minimum staffing requirements, which CMS plans to issue in Spring 2023. 0000054667 00000 n The Kentucky bill was unpopular among nursing home industry representatives, which characterized it as overregulation and alleged that it would encourage excessive litigation. [6] Changes to COVID-19 Survey Activities and Increased Oversight in Nursing Homes, Memorandum from CMS to State Survey Agency Directors (Nov. 12, 2021). Advocacy groups also had staffing shortage concerns, but observed that, in their view, staffing has always been a challenge and emphasized that while additional efforts are needed to bolster the workforce, it should not deter CMS from setting minimum staffing levels in nursing homes. Commenters offered recommendations for implementing minimum staffing requirements. Maurice Miller's call button is attached to his gown. Hanse told SNN that many facilities have limited or stopped admissions as a result of the staffing crisis, which has noticeably backed up hospital discharges. Florida also amended its definition of direct care staff whose hours can count toward the minimum hprd to include personal care attendants. To meet the needs of the residents in an appropriate and timely manner. WebNURSING HOME STAFFING STANDARDS IN STATE STATUTES AND REGULATIONS UCSF Survey of Nursing Home Staffing Standards, 2007 9 STATE STANDARD State Responses are due on June 10, 2022. [1] https://www.whitehouse.gov/briefing-room/statements-releases/2022/02/28/fact-sheet-protecting-seniors-and-people-with-disabilities-by-improving-safety-and-quality-of-care-in-the-nations-nursing-homes/, [2] 87 FR 22720, pages 22771-22772: https://www.federalregister.gov/documents/2022/04/15/2022-07906/medicare-program-prospective-payment-system-and-consolidated-billing-for-skilled-nursing-facilities, [3] Fiscal Year 2023 Skilled Nursing Facility Prospective Payment System Proposed Rule:https://www.federalregister.gov/documents/2022/04/15/2022-07906/medicare-program-prospective-payment-system-and-consolidated-billing-for-skilled-nursing-facilities, [4] Social Security Act, sections 1819 and 1919, [5] Social Security Act, sections 1128I(g)(4), 1819, and 1919, [6] Appropriateness of Minimum Nurse Staffing Ratios in Nursing Homes, 2001: https://www.justice.gov/sites/default/files/elderjustice/legacy/2015/07/12/Appropriateness_of_Minimum_Nurse_Staffing_Ratios_in_Nursing_Homes.pdf; and the 2005 Staff Time and Resource Intensity Verification (STRIVE) Project: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/SNFPPS/TimeStudy. 7500 Security Boulevard, Baltimore, MD 21244, By:Pauline Karikari-Martin PhD, MPH, MSN, PHNA-BC, RN Senior Nurse Researcher and Cameron Ingram, MFA Policy Analyst of the Center for Clinical Standards and Quality, Centers for Medicare & Medicaid Services Staffing Study to Inform Minimum Staffing Requirements for Nursing Homes, In February 2022, President Biden announced a, The Centers for Medicare & Medicaid Services (CMS) has launched a multi-faceted approach aimed at determining the minimum level and type of staffing needed to enable safe and quality care in nursing homes. Brooks-LaSure says her agency will determine how much staff nursing homes should be required to have and then enforce that through a rule. When pushed, a light goes on in his room, above his door, and at the nurses' station at his nursing home in Takoma Park, Md. New Jersey retained its total hprd but now divides the daily minimum to set specific hprd requirements during each of the three shifts in a day. The facility must have sufficient nursing staff with the appropriate competencies and skills sets to provide nursing and related services to assure resident Often, to meet the basic needs of every resident, Ward says she ends up skipping other important components of their care, such as talking with them and providing emotional support. In February 2022, President Biden announced a comprehensive set of reforms to improve the safety and quality of nursing home care, hold nursing homes accountable for the care they provide, and make the quality of care and facility ownership more transparent so that potential residents and their loved ones can make informed care choices. Other states may have adopted or proposed Medicaid provider reimbursement rate changes that do not explicitly require corresponding increases in direct care staff wages. "What has been so ambiguous and subjective is how 'sufficient' is interpreted.". WebApplications can be submitted to: Department of Health Care Policy & Financing. Read on to learn more about the new nursing home minimum staffing requirements and the effect they could have on facilities. Numerous studies have shown that understaffing nursing homes can harm the health of residents, who suffer more bedsores, more weight loss, more overprescribing of anti-psychotic medications, and during the pandemic more COVID-19 cases and deaths. A staff member wearing protective gloves administers eye drop medication to Maurice Miller in his room at the nursing home. Importantly, this study is on an accelerated timeline and seeks to build on, not replace, previous studies. The law requires every facility to maintain daily staffing hours equal to 3.5 hours of care per resident per day by a certified nurse aide, licensed practical nurse or registered nurse. She aims to have a rule in place within a year, an optimistic time frame given the lengthy federal rulemaking process and other challenges. And not one that runs smoothly. "We think it's really important to set a very specific standard that can be measured against, to really make sure staff is adequate to ensure quality," says Chiquita Brooks-LaSure, administrator for the Centers for Medicare & Medicaid Services (CMS), the federal agency that regulates and funds most nursing homes in the U.S. : //www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/PhysicianFeeSched regulations were last revised in 1987, while the complexity and acuity nursing... That advance the publics interest of safe, quality care for residents 2 summarizes state activity in... For noncompliance could be up to $ 2,000 a day, she said 19 hour... And that any information you provide is encrypted and transmitted securely reciprocity standards to allow out-of-state nursing! Duties ) substantially increased since then dedicated work of Meghana Ammula, KFF research assistant is Nurse. 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[ 12 ] Going forward, providers would be well-served to keep in mind these and any other regulatory requirements! 1 assistant DON RN full-time crafts future minimum staffing requirements, worker wages, and psychosocial of. Fines for noncompliance could be up to $ 2,000 a day, she said much staff nursing homes provide... And seeks to build on, not replace, previous studies found that although minimum staffing requirements has. 6346 ( state of new York ) ( 2021 ) `` in D.C., 'll... To advancing future changes in these areas on an accelerated timeline and seeks to on! Maintain the highest practicable physical, mental, and psychological well-being of resident. Nursing homes least two states, CY 2022 Medicare Physician Fee Schedule, available at https: //www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/PhysicianFeeSched has... Federal government website managed and paid for by the U.S. Centers for Medicare & Medicaid services advance! 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