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CMS Announces Nursing Home Minimum Staffing Rule

On April 22, 2024, the Centers for Medicare and Medicaid Services announced a new final rule requiring minimum staffing levels in nursing homes. The new rule applies to all nursing homes that receive funds from Medicare or Medicaid. Nursing homes must provide at least 3.48 hours of care per resident per day. This consists of at least 0.55 hours of care from registered nurses and 2.45 hours from nurse aides. A white House press release indicates the regulation will be implemented over time to give nursing homes time to hire additional staff.

The nursing home industry is not happy with this new rule. Mark Parkinson, president of the American Health Care Association/National Center for Assisted Living, said “It is unconscionable that the Administration is finalizing this rule given our nation’s changing demographics and growing caregiver shortage.” Further, “Issuing a final rule that demands hundreds of thousands of additional caregivers when there’s a nationwide shortfall of nurses just creates an impossible task for providers. This unfunded mandate doesn’t magically solve the nursing crisis. … The Administration has gone ever farther than originally proposed, making these requirements even more out of touch and out of reach.”

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