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CMS Intends to Finalize Nursing Facility Minimum Staffing Rule in 2024

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  • CMS Intends to Finalize Nursing Facility Minimum Staffing Rule in 2024
January 25, 2024

During Tuesday’s national stakeholder call, Dr. Dora Hughes, acting chief medical officer and director of the Center for Clinical Standards and Quality (CCSQ) at the Center for Medicaid and Medicare Services (CMS) announced the agency’s intention to finalize the proposed minimum staffing rule in 2024. Hughes stated, “The team received more than 46,000 comments on the proposal which are being used to inform development of the final rule which we intend to finalize this year.”

As currently drafted, the proposed minimum staffing rule would have dire consequences for nursing facilities. Mass Senior Care (MSCA) estimates that 85% of facilities will not meet the proposed rule, which calls for an RN on duty 24 hours a day, and a minimum hours per resident day (HPRD) of .55 for RNs and 2.45 for CNAs. MSCA submitted comments to CMS highlighting the rule’s blatant and inappropriate exclusion of LPNs, the lack of funding necessary to implement the rule, and the lack of qualified individuals available to hire to achieve the HPRD. With a stubbornly high vacancy rate for RNs. MSCA will continue to share updates on the proposed minimum staffing rule as they become available.

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