Members are urged to join the Mass Senior Care Association (MSCA) and American Health Care Association in opposing the Centers for Medicare & Medicaid Services (CMS) proposed “one size fits all” minimum staffing rule which calls for: (1) 2.45 hours per resident day (HPRD) of certified nursing assistants (CNAs) within 3 years; (2) .55 HPRD of RNs within 3 years; and (3) 24 hour per day RN requirement within 2 years. MSCA has been in touch with our congressional delegation to detail the devastating impact the proposed rule would have on their respective districts (see sample letter to Congresswoman Clark), since over 85 % of facilities would not meet the rule and 5,000 residents would need to be discharged.
This massive chaos is directly attributable to two colossal failures in CMS’ proposed rule:
- Failure to acknowledge and respect the invaluable work of our 9,000 Licensed Practical Nurses (LPNs) by excluding these essential caregivers in the proposed 3.0 hours per resident day (HPRD) requirement; and
- Failure to fund the compensation necessary to hire, train and upskill the 3,000 individuals necessary to meet the proposed rule. The total annual cost in the Commonwealth alone is projected to be over $175 million.
In light of the current workforce situation, MSCA specifically urged our Congressional representatives to ask CMS for the following changes to its proposed rule:
- LPNs must be included in the 3.0 HPRD minimum staffing rule
- CMS must fund the cost of the minimum staffing rule
Action Step:
Together with the American Health Care Association (AHCA), Mass Senior Care Association (MSCA) is asking all members to participate in a letter writing campaign to request changes to the agency’s proposed rule. To assist with submitting comments, AHCA has released an issue brief summarizing key talking points, and set up a link to comment on the proposed rule on its website. All comments are due to CMS no later than November 6, 2023.