October 9, 2024 – TALLAHASSEE—A total of 19 LeadingAge state affiliates, membership associations that represent hundreds of mission-driven aging services providers across the country, have joined a lawsuit with 20 Attorneys General to overturn the Centers for Medicaid and Medicare Services’ (CMS) staffing mandate. Filed by the Attorneys General from Iowa, Kansas, and South Carolina on behalf of LeadingAge Iowa, LeadingAge Kansas, and LeadingAge South Carolina, and other state affiliates, in the United States District Court’s Northern District of Iowa, the complaint intends to overturn the mandate itself and vacate certain of the more onerous requirements in the rule.
“LeadingAge Southeast is joining other state affiliates and attorneys general in this lawsuit to overturn the CMS Staffing Mandate because it imposes harmful and unsustainable mandates on our members and nursing homes nationwide,” said Steve Bahmer, LeadingAge Southeast President & CEO. “While we share CMS’s goal of ensuring that all nursing home residents receive quality care, we believe that the staffing mandate misses the mark. CMS has overreached its authority with this rule and would place an undue financial burden on states and providers. Our members are dedicated to delivering high-quality care, and this mandate threatens their ability to do so by introducing onerous requirements that jeopardize the very services residents rely on. We are committed to advocating for solutions that work for both residents and providers without undermining the viability of care.”
In April, CMS released the Nursing Home Minimum Staffing Standards final rule to the Federal Register. The rule requires all federally funded nursing homes to produce a revised facility assessment and changes the minimum number of hours per resident day (HPRD). All providers must provide 3.48 hours of direct nursing care per patient, per day and staff a registered nurse 24 hours a day. These specific breakdowns also require 0.55 RN and 2.45 certified nurse aide (CNA) coverage per patient, per day.
These newly-prescribed HPRDs mean nursing homes across the U.S. will need an additional 27,000 full-time registered nurses (RNs) and 78,000 full-time nurse aides costing more than $7 billion—an impossible requirement to meet amid a worldwide nursing shortage and dismal Medicaid reimbursement rates that do not fully cover the actual cost of care. Sadly, the HPRD limits the utilization of licensed practical nurses (LPNs) who provide most of the direct patient care in nursing homes, potentially displacing thousands of these workers across the U.S.
Established in 1963, LeadingAge Southeast is the premier association serving high-quality senior living providers across the continuum of care in Florida, Alabama, Louisiana and Mississippi. The Association provides up-to-date regulatory information, a wide variety of educational opportunities, representation before state legislatures and government agencies, group purchasing services, and opportunities for networking with peers to help member communities best serve the needs of older adults.
