The comment period for the CMS proposed minimum staffing rule ends on November 6, 2023, just 24 days from today. At this time, only 40 letters opposing the federal minimum staffing requirements have come from Massachusetts. Thank you to MSCA Board Members Steven Raso and Matt Salmon who advocated for changes to the proposed rule at a recent meeting with Congressman James McGovern (pictured below). The proposed federal “one size fits all” minimum staffing rule requires an RN on duty 24 hours a day, a minimum of .55 HPRD for RNs, a minimum 2.45 HPRD for CNAs, and egregiously excludes LPNs. We strongly urge you to please take action now and ask your staff to participate in this letter writing campaign to CMS to request changes to the agency’s proposed rule. Important points to consider in opposing the rule include but are not limited to:
- CMS must include Licensed Practical Nurses in the proposed minimum 3.0 HPRD
- CMS must provide funding for the cost of implementing the proposal
- 85% of facilities in MA do not currently meet the proposed minimum HPRD
- Massachusetts will need to hire an additional 3,000 caregivers at a time when we already have 6,000 vacant positions
- In spite of significant recruitment efforts, MA has a stubbornly high 21% vacancy rate in direct care positions
- Statewide, 5,000 residents would need to be discharged to comply with the HPRD requirements
- The cost to implement this proposal in MA is $175 Million
In its request for comments on the proposed rule, CMS has also asked for feedback on an alternate option that would include an HPRD of 3.48. AHCA/NCAL will host a webinar on Friday, October 20 at 3:30 PM Eastern to discuss how to address 3.48 HPRD in comments to CMS' minimum staffing proposal. To assist with crafting and submitting comments, the American Health Care Association (AHCA) has released an issue brief summarizing key talking points, and set up a link to comment on the proposed rule on its website. In addition, All comments are due to CMS no later than November 6, 2023.
