CMS Proposes New Staffing Rule for Long-Term Care Facilities By Levine & Slavit PLLC on September 25, 2023

The Centers for Medicare and Medicaid Services (CMS) has issued a new proposed rule that would increase staffing requirements for long-term care facilities, such as nursing homes. If adopted, it would force long-term care facilities to maintain certain minimum staffing levels to ensure their residents were adequately cared for. It would also allow CMS to impose penalties on facilities that fail to comply with the rule, unless they fit into certain exceptions.


What is This New Proposed Rule?


The new proposed rule from CMS (88 FR 61352) would put increased requirements on long-term care facilities to ensure they maintain certain minimum staffing levels. At minimum, they would be required to maintain: 


  1. One onsite Registered Nurse (RN) 24 hours per day, seven days per week;

  2. 0.55 RN hours per resident per day; and

  3. 2.45 Nurse Aide hours per resident per day.


Urban facilities would have two years to comply with the first requirement and three years to comply with the second and third requirements. Rural facilities would have three years to comply with the first requirement, and five years to comply with the second requirement.


How Would This Rule Potentially Impact Care at Long-Term Care Facilities?


This rule would, in theory, improve staffing at nursing homes and other long-term care facilities, ensuring residents at these facilities have constant access to the care they need. It would also potentially reduce exhaustion and breaches of protocol at these facilities, which is a common cause of negligence. While CMS expects to enforce these rules strictly, some exceptions will be made for facilities suffering from certain types of hardship, such as a lack of available manpower.


Why Was This Rule Proposed?


CMS proposed this rule because nursing homes tend to struggle with maintaining adequate staffing levels, a fact that has only become worse since the COVID-19 pandemic. Without adequate staff on hand, residents are more likely to suffer from negligence and abuse at the hands of their caretakers. By addressing these staffing issues, CMS hopes to reduce the rate of incidence of malpractice at long-term care facilities, improving the quality of care for residents at these facilities.


What Should You Do if Your Loved One is in an Understaffed Facility?


If you have a loved one in a nursing home or other long-term care facility and they seem to be understaffed, you should watch for potential signs of neglect or abuse. These may include the appearance of bed sores, unexplained injuries, sudden mood swings, or unexplained changes in weight. If you recognize these signs, you should consider contacting a lawyer with experience handling nursing home abuse and neglect cases, who can help you get justice for your loved one.


If you or someone you love has been injured due to someone else’s negligence, seeking the advice from an attorney experienced in personal injury law will help assure you get the compensation you deserve. The lawyers at Levine and Slavit, PLLC assist clients in Long Island and New York City in obtaining the damages they need to cope with being the victim of negligence. For more information or to schedule a consultation with our New York personal injury lawyers, call (888) LAW-8088 or fill out our contact form. 

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Levine & Slavit, PLLC

The law firm of Levine & Slavit, PLLC has served clients in Long Island and the Greater New York City-area since 1957. We are a team of personal injury and wrongful death lawyers who work tirelessly for victims' rights. Our team is licensed and affiliated with the:

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