CMS Releases Proposed Rule for Comment that Requires Minimum Staffing Standards at Nursing Home

Sep 6, 2023

The Centers for Medicare & Medicaid Services (CMS) is seeking comments on a proposed rule that would establish minimum staffing requirements for nursing homes. While CMS claims a direct link between resident safety, care quality, and stable staffing in nursing homes, advocates contend one-size-fits-all staffing ratios don’t guarantee quality.

The Biden Administration has made a fact sheet about the proposed nursing home rule available on the White House website.  Meanwhile, organizations like LeadingAge have released op-eds to highlight potential issues with the proposed rule.

News articles like this one from the New York Times point out views from LeadingAge along with other advocacy organizations and nursing home operators – all with a general consensus that, “without extra money from Medicare or Medicaid — the two federal insurers that pay for most nursing home care — the requirement would be financially unattainable.”

Other articles cite a study coming from CMS itself that estimates the total costs of additional staffing to meet a minimum staffing requirement would range from $1.5 to $6.8 billion, depending on the structure and option.

Comments on the proposed rule are due by November 6th and instructions on how to submit comments, along with the language of the rule, are available here.