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Federal Proposal Would Set Mandatory Staff Ratios for Nursing Homes

by Brendan Scanland
December 6, 2023 - Updated on January 11, 2024
A A

WASHINGTON, D.C. — Nursing homes and long-term care facilities across the country could be forced to boost staffing levels if a proposed federal rule takes effect. Some federal lawmakers support the concept, but representatives for the long-term care industry say it would be catastrophic. 

In September, the Centers for Medicare and Medicaid Services (CMS), issued a proposal to establish comprehensive nurse staffing requirements in long-term care facilities. According to CMS, the proposed rule consists of three core staffing proposals that will provide safer conditions for residents and staff while improving the quality of care:   

  1. – Minimum nurse staffing standards of 0.55 hours per resident day (HPRD) for Registered Nurses (RNs) and 2.45 HPRD for Nurse Aides (NAs);   
  2. – A requirement to have an RN onsite 24 hours a day, seven days a week; and 
  3. – Enhanced facility assessment requirements. The proposed rule also includes a staggered implementation approach and possible hardship exemptions for select facilities. 

Last month, several Democratic senators signed a letter urging CMS to implement the standards as soon as possible. 

“We have an obligation to provide quality care in every long-term care setting,” said Senator Bob Casey (D- PA), the Chairman of the U.S. Senate Special Committee on Aging. 

“It would be catastrophic for nursing facility providers in the state of Michigan,” Melissa Samuel, President and CEO of the Health Care Association of Michigan. 

Samuel calls the proposal an “unfunded mandate” that would only make current staffing and access to care challenges, even worse. 

“Nursing facilities would have to take less residents and in certain parts of our state, certain parts of our country, it absolutely will be an access issue,” said Samuel, adding that the current workforce shortage would make it difficult for many long-term care facilities to meet the proposed standards. 

“Simply, there’s not enough workers to meet the mandate,” said Samuel. “It becomes an access issue. We’d have to start taking less residents to meet the ratio.” 

Under the proposal, facilities could be fined for not meeting the requirements. Instead of penalizing long-term care, Samuel believes the government should focus on creating career pathways 

“Maybe we need to focus on vocational ed (education) and making a certified nurse aide something that’s emphasized and a focus at the high school level. Creating the pathways, working on immigration reform, creating career ladders,” said Samuel.” Let’s fix the problem of the workforce shortage before we put a mandate in place,” she added. 

Senator Debbie Stabenow (D- MI) believes families deserve to know their loved-ones are safe and receiving quality care in facilities. 

“Families who choose nursing home care deserve to know that their loved one is in a comfortable and safe environment and is receiving the care they need to maintain a good quality of life. That’s why it is so important that we address the staffing shortage in nursing homes. Adequate staffing will help ensure that all residents receive safe and high-quality care,” said Sen. Stabenow in a statement to WZMQ 19 News. 

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