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Toledo, Ohio Civil Litigation Attorneys

Biden administration ties nursing home funding to staffing levels

On Behalf of | Oct 2, 2024 | Firm News

There’s no question that understaffing is one of the most serious problems faced by nursing homes in this country. Lack of adequate – and properly trained – staff affects the health, well-being and safety of the vulnerable and often elderly residents.

Earlier this year, the White House announced new requirements that will tie specified staffing levels to a facility’s ability to receive federal funding through the Medicare and Medicaid programs. Nearly all nursing homes depend on these funds. A statement from the White House said that “too many nursing homes chronically understaff their facilities, leading to sub-standard or unsafe care.”

The requirements won’t all have to be met at once. They will be phased in over several years. That means if a new administration comes next January that doesn’t agree with this prioritization of improving nursing home care, these new regulations could be ended.

What are the new staffing requirements?

Specifically, any facility with at least 100 residents must have on each shift a minimum of:

  • Two registered nurses (RNs)
  • Ten nurse aides
  • Two other care staff employees

Facilities with residents who have special or greater needs (for example, those suffering from dementia) will require more staffing.

Further, any facility that gets federal funding must have enough employees so that each resident gets a minimum of 3.48 hours of daily care. Most of that care can be provided by nurse aides.

Those facilities that don’t meet the requirements by their designated deadline and aren’t granted an exemption (for example, if they’re in an area where the pool of qualified employees just isn’t big enough) can lose their federal funding, which would likely require them to close their doors.

Why there’s been pushback against the new requirements

Not surprisingly, industry organizations have a problem with these new requirements. They claim they’re simply impossible to meet. However, it’s open to debate whether at least some facilities can afford to add staff and choose not to in order to increase profits. 

Certainly, staffing levels aren’t the only measure of the quality of care in a nursing home. However, just having enough people to attend to residents’ basic needs and ensure that everyone is properly monitored can help prevent unnecessary accidents like falls and medical issues like bed sores and inadequate food, hydration and medication dispensing. 

If a loved one suffered harm in a nursing home or other care facility that you believe was preventable, it’s wise to get experienced legal guidance to explore your options for justice and compensation.

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