by, Shawn Meehan, Global Head of Legal Solutions, Guidepoint
The Centers for Medicare & Medicaid Services (CMS) is expected to propose rules that require nursing homes to maintain minimum staffing levels. These proposed rules exceed current regulations, which enforce sufficient nursing staff with the appropriate competencies and skill sets to provide for residents’ safety and well-being. Prior research found nursing homes that increase staffing improved the quality of care, which is supported by the new rules.
THE BENEFITS
The proposed rules are to address questions related to the benefits and costs of minimum staffing requirements for nurses and other direct care workers, staffing recruitment challenges, the interplay between new quantitative staffing requirements and existing qualitative staffing requirements, and lessons learned from minimum staffing requirements at the state level.
THE CONCERN
CMS requested and received thousands of comments to help define the scope and scale of the proposed rules. CMS discovered concerns that the new minimum staffing requirements would impose heavy penalties on nursing homes already suffering from staffing challenges post-pandemic; offsetting the widespread support for increasing the standard of care.
RULE FINALIZATION EXPECTED IN THE COMING MONTHS
With the mandate expected soon, the proposed requirements will likely affect law firms specializing in nursing home abuse cases. Attorneys should anticipate the impact of these changes and prepare accordingly, with the plaintiffs’ bar and defense bar considering this new factor when addressing deviations from standards of care.
GUIDEPOINT LEGAL SOLUTIONS CONNECTS YOU TO RESOURCES THAT SUPPORT YOUR NURSING HOME ABUSE CASES
As CMS releases its final regulations, our expert witness services can guide how the rule changes may affect your case outcome. With the right support services, litigators can inform their strategy before engaging in a nursing home abuse case.
Guidepoint Legal Solutions provides analyses of case merit, connects litigators to expert witnesses, and comprehensive timelines of medical and insurance records. We also have Clinicians on Call to help litigators work through their questions on medical cases, such as the impact of the proposed minimum staffing requirements. Contact us today to learn how our services can support all your legal needs before, during, and after litigation.
Please note: This article contains the sole views and opinions of Shawn Meehan and does not reflect the views or opinions of Guidepoint Global, LLC (“Guidepoint”). Guidepoint is not a registered investment adviser and cannot transact business as an investment adviser or give investment advice. The information provided in this article is not intended to constitute investment advice, nor is it intended as an offer or solicitation of an offer or a recommendation to buy, hold or sell any security. Any use of this article without the express written consent of Guidepoint and Shawn Meehan is prohibited.