listen to this articleApproximately 40% of states have filed federal lawsuits over policies mandating minimum levels of nursing home staffing, raising alarm over nursing home care. Minnesota is not one of those states, but Leading Age Minnesota, an organization representing aging services professionals and organizations, said the rule could potentially harm people who need care. He is joining the lawsuit alleging that
On April 22, 2024, the Centers for Medicare and Medicaid Services (CMS) issued a final rule for minimum staffing standards for long-term care (LTC) facilities and payment transparency reporting for Medicaid agencies. The rules require nursing homes that receive federal funding through Medicare and Medicaid to have a registered nurse available 24 hours a day, seven days a week. They must also provide at least 3.48 hours of care per resident each day. Previous legislation only required nursing homes to be staffed “sufficiently” to meet the needs of residents.
Non-local facilities must comply with the requirements by May 2027, and local facilities must comply with the requirements by May 2029. Limited and temporary exemptions apply to staffing standards and 24/7 registered nurse requirements.
“CMS' new minimum nursing staffing standards in this rule are nationally and broadly applicable that significantly reduce the risk of unsafe and poor-quality care for residents in all nursing homes,” CMS said in a press release. “It sets a baseline.”
The federal lawsuit was filed on October 8th in the U.S. District Court for the Northern District of Iowa. Kansas and South Carolina also joined Iowa as lead plaintiffs. Other states that have signed on are Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kentucky, Missouri, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, Utah, Virginia, and West Virginia. Two other lawsuits have already been filed against this rule in Texas. More than a dozen industry groups have also signed on to the lawsuit.
Calling the final rule a “peremptory mandate,” the complaint states, “This final rule poses an existential threat to the nursing home industry because it will force many already struggling nursing homes out of business. ” states. work. And the main victims will be patients who have nowhere else to go. ”
LeadingAge Minnesota joined the lawsuit over concerns about access to care for older Minnesotans.
“CMS exceeded its authority and acted in an arbitrary and capricious manner with the final rule,” said the President of Leading Age Minnesota and President of Leading Age Minnesota. “That's because it doesn't take into account the shortage. Minnesota currently has a shortage of 17,000 workers.” CEO Kari Thurlow said in a statement. “Putting the burden of blame on continued workforce shortages not only fails to address the root causes of the problem, it also leaves many nursing homes in an incredibly difficult position.”
In addition to public policy concerns, the lawsuit alleges that CMS lacks the authority to promulgate the rules. “Instead of pointing out where in applicable Congressional law it has the authority to promulgate this final rule, CMS has taken the brazen approach of completely ignoring Congressional law,” the plaintiffs allege. .
The complaint also alleges that the final rule “ignores” the Key Questions Principle. “CMS's illegality is even more obvious because this is a Major Questions Doctrine case. At least $43 billion will go to nursing homes nationwide over the next 10 years without Congress having a 'clear voice' on the issue.” Implementing such a broad obligation, which incurs compliance costs, is a clear violation of the Grave Questions Principle. ”
In addition to seeking a court declaration that CMS does not have the authority to impose the rule's requirements, it also asks the court to strike down and suspend requirements such as 24/7 RN staffing.
“Our data shows that if this rule goes into effect, dozens of Minnesota nursing homes will face an impossible choice: further reduce capacity and care for older adults. restrict access to or risk not complying with the regulations, resulting in the threat of closure,'' Thurlow asserted.
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