LeadingAge PA Joins Lawsuit to Overturn CMS Nursing Home Staffing Mandate
October 9, 2024
MECHANICSBURG, Pa. (October 9, 2024) — A total of 21 LeadingAge state affiliates, membership associations that represent hundreds of not-for-profit aging services providers across the country, have joined a lawsuit with 20 Attorneys General to overturn the Centers for Medicaid and Medicare Services’ (CMS) nursing home staffing mandate. Filed by the Attorneys General from Iowa, Kansas, and South Carolina on behalf of LeadingAge Iowa, LeadingAge Kansas, 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.
"The CMS mandate overlooks the fact that aging services providers across the Commonwealth and the United States continue to grapple with a historic workforce shortage," said LeadingAge PA President and CEO Garry Pezzano. “An unfunded federal mandate
will only further exacerbate the consequences we are seeing as a result of an inadequate and broken Medicaid reimbursement system: closures, sales, and reduced access to care. Even if the federal mandate was fully funded, there are not enough workers.
It’s a human capital issue. You can’t mandate qualified workers into existence.”
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 over $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.
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About LeadingAge PA
LeadingAge PA is a trade association representing 400+ high-quality senior housing, health care and community services across the Commonwealth. These providers serve more than 75,000 older Pennsylvanians and employ over 50,000 dedicated caregivers
on a daily basis. Services our members offer include Life Plan Communities/Continuing Care Retirement Communities, skilled nursing communities, assisted living residences, personal care homes, LIFE providers, home and community-based services
and affordable senior housing. LeadingAge PA advocates on behalf of our members at the state and local levels to influence positive change and affect a healthy vision for the delivery of quality, affordable and ethical care for Pennsylvania’s
seniors. For more information, visit www.LeadingAgePA.org.
Media Contact:
Katie Andreano, Senior Director, Marketing & Communications