Over the last several years, the need for a staffing standard in the nursing home industry has been at the forefront of advocacy and policy. The issue of staff turnover and burnout has had a devastating impact on the health and wellbeing of long-term care residents, coming to a climax during COVID-19 when nursing home resident deaths and neglect soared. In response, the Department of Health and Human Services introduced the staffing standard final rule to protect residents and lessen the burden of long-term care nurses and medical staff.
Despite the overwhelming support from groups like The National Consumer Voice for Quality Long-term Care, there was a shocking dissension when twenty attorneys general sued over the staffing standard.
PC: National Cancer Institute via Unsplash
The Need for a Staffing Standard
Research has shown that the proper staff-to-resident proportions directly relate to a higher quality in resident care. Additionally, the proper staff ratio helps mitigate staff burnout which often leads to neglect and abuse.
“A 2001 study conducted by the Centers for Medicare and Medicaid Services (CMS) found that nursing home staff should be able to dedicate 4.1 hours per day to each resident. This equals about “one nurse for every seven residents on day and evening shifts.”
When it comes to the numbers, it is hard to ignore the growing problem. According to a study conducted by a Senate Special Committee on Aging, “31 of 52 state survey agencies are experiencing vacancy rates of 20% or higher, with nine survey agencies having vacancy rates over 50%.”
These appalling numbers mean staff are unable to meet the daily needs of every resident, allowing vital hygiene, health, medical, and social care elements to fall through the cracks.
20 Attorneys General Sue
Despite the need, in October twenty attorneys general filed suit in federal court to block the staffing standard. According to WFYI Indiannapolis, the file was submitted due to concerns that the standard “exceeds CMS’s authority, and that the ‘one-size-fits-all requirement’ will drive many nursing homes out of business, leaving residents with nowhere to go.”
Essentially, their argument is that the rule, while beneficial in some capacity, would have equally negative effects—namely forcing some vital facilities to close, and driving costs up in an already expensive industry.
Citing concern for their states’ residents, the attorneys general also recognize that finding nursing home staff is already a difficult task, and the new mandate would “throttle” the industry as it scrambles to “hire thousands of additional workers who don’t exist.”
Ultimately, the staffing issue needs to be addressed, though the concerns and costs surrounding this new rule may out way the benefits.
If you or a loved one have been the victim of nursing home neglect, call Gharibian Law (866-798-8606) today for a FREE consultation and the best legal representation.
In the News: 20 Attorneys General Sue Over Staffing Standard
Over the last several years, the need for a staffing standard in the nursing home industry has been at the forefront of advocacy and policy. The issue of staff turnover and burnout has had a devastating impact on the health and wellbeing of long-term care residents, coming to a climax during COVID-19 when nursing home resident deaths and neglect soared. In response, the Department of Health and Human Services introduced the staffing standard final rule to protect residents and lessen the burden of long-term care nurses and medical staff.
Despite the overwhelming support from groups like The National Consumer Voice for Quality Long-term Care, there was a shocking dissension when twenty attorneys general sued over the staffing standard.
The Need for a Staffing Standard
Research has shown that the proper staff-to-resident proportions directly relate to a higher quality in resident care. Additionally, the proper staff ratio helps mitigate staff burnout which often leads to neglect and abuse.
“A 2001 study conducted by the Centers for Medicare and Medicaid Services (CMS) found that nursing home staff should be able to dedicate 4.1 hours per day to each resident. This equals about “one nurse for every seven residents on day and evening shifts.”
When it comes to the numbers, it is hard to ignore the growing problem. According to a study conducted by a Senate Special Committee on Aging, “31 of 52 state survey agencies are experiencing vacancy rates of 20% or higher, with nine survey agencies having vacancy rates over 50%.”
These appalling numbers mean staff are unable to meet the daily needs of every resident, allowing vital hygiene, health, medical, and social care elements to fall through the cracks.
20 Attorneys General Sue
Despite the need, in October twenty attorneys general filed suit in federal court to block the staffing standard. According to WFYI Indiannapolis, the file was submitted due to concerns that the standard “exceeds CMS’s authority, and that the ‘one-size-fits-all requirement’ will drive many nursing homes out of business, leaving residents with nowhere to go.”
Essentially, their argument is that the rule, while beneficial in some capacity, would have equally negative effects—namely forcing some vital facilities to close, and driving costs up in an already expensive industry.
Citing concern for their states’ residents, the attorneys general also recognize that finding nursing home staff is already a difficult task, and the new mandate would “throttle” the industry as it scrambles to “hire thousands of additional workers who don’t exist.”
Ultimately, the staffing issue needs to be addressed, though the concerns and costs surrounding this new rule may out way the benefits.
Read more about Reports of Understaffing and the Staffing Standard Final Rule.
If you or a loved one have been the victim of nursing home neglect, call Gharibian Law (866-798-8606) today for a FREE consultation and the best legal representation.