Updates from CMS on Staffing Standards Study in Nursing Homes

Posted on August 11, 2022 by Anna Mowry

The Centers for Medicare and Medicaid Services (CMS) reported that, due to the significant response to the Request for Information on establishing a minimum staffing standard, it will conclude the staffing study in December. Initially, we expected the study to be part of the recently-issued final 2023 Skilled Nursing Facility Prospective Payment System rule.

The final rule was published in the Federal Register last week. Although the rule did not include information about staffing standards, CMS did share updates during a recent Open Forum call.

Background

Earlier this year, the Biden Administration released a plan for nursing home reform that included conducting a staffing study and proposing nursing home staffing standards within a year. As part of this plan, CMS included a Request for Information on staffing standards in the Fiscal Year 2023 Skilled Nursing Facility Prospective Payment System proposed rule in April.

About the Comments

After collecting feedback from members, LeadingAge Minnesota submitted comments to CMS in response to the proposed rule and Request for Information. We are grateful for our members' feedback to inform our comments and make them as complete as possible.

CMS received over 3,000 responses to its Request for Information on establishing a minimum staffing standard, including comments from providers, residents, families, and consumer advocate groups.

Comments submitted by residents, families, and consumer advocates generally supported the implementation of mandatory staffing standards. Nursing home providers and other aging services stakeholders expressed serious concerns about implementing a minimum staffing requirement in a time of severe, ongoing staffing shortages and how mandated staffing levels can be equitably determined.

CMS also received ideas about several potential models for establishing a minimum staffing rule.

What's Next

Over the next few months, CMS will continue reviewing the public comments received and conclude its staffing study in December. After completing their research and analysis, CMS will propose mandatory staffing standards within a year.

Additionally, as part of the CMS nursing home staffing study, CMS contractor Abt Associates have begun reaching out to nursing homes to schedule site visits. Only 65 nursing homes across the country will be selected for site visits, but please let us know if you are chosen.

LeadingAge Minnesota will continue to provide updates to our members as we learn more.

For more information on what was included in the final rule, read last week's article CMS Releases Final SNF PPS Rule; Includes Cuts Related to Impact of PDPM.