Nursing Homes Reject CMS’ Proposed Staffing Level Requirements

The Biden-Harris Administration has unveiled a proposed rule to establish staffing standards in nursing homes across the country. Initial feedback has trended negatively, although some unions have expressed support. Under this proposal, nursing homes would be obliged to ensure each resident receives a minimum of three hours of direct care daily. This entails at least 33 minutes of care administered by a registered nurse and a further 2 hours and 27 minutes by nurse aides. However, long-term care facilities argue that this rule is impractical due to the challenges of finding and affording additional staff. The proposed rule also mandates that nursing homes have a registered nurse on-site 24 hours a day, a substantial increase from the current federal law requiring eight hours. Apart from this eight-hour mandate, federal staffing laws for long-term care facilities remain unclear, with Medicare and Medicaid-reimbursed homes needing only "sufficient" staffing levels to meet resident needs, and no specific laws defining minimum staff numbers or daily care hours.