LPN Exclusion in CMS Staffing Mandate a ‘Convoluted Mess’ for Nursing Homes

The skilled nursing industry is at a crossroads as it grapples with the Centers for Medicare & Medicaid Services’ (CMS) proposed federal staffing mandate. A significant point of contention in the proposal is the exclusion of licensed practical nurses (LPNs), which has ignited concerns and garnered strong reactions from industry leaders. “What’s keeping me up […]

‘A Microcosm’: States Push Minimum Staffing Mandates on Nursing Homes in Pennsylvania, NY as Providers Notified of Violations

As the nursing home sector nervously awaits a potential federal minimum staffing mandate, several states are implementing similar mandates of their own, with New York issuing initial letters of violation of state policy this week. According to nursing home advocates, New York’s Department of Health sent out its first set of letters to nursing home […]

Cautionary Tale: Staffing Mandate Collides with Nursing Home Labor Crisis and Referral Bottleneck

As a federal minimum staffing standard looms over the nursing home industry, operators and their advocacy organizations look to learn from existing state mandates to better understand how things will play out on a national stage. New York is providing a cautionary tale at the moment, with a mandate exacerbating access to care, industry professionals […]

New York Implements New Nursing Home COVID-19 Reporting Guidelines

Nursing home operators in one of the nation’s largest markets will soon have to deal with new COVID-19 requirements. With the expectation that COVID-19 cases will spike this winter, New York Governor Kathy Hochul on Friday signed legislation requiring nursing homes to have a plan in place to stop the spread of infections. Operators must […]

3 Nursing Home Legal Issues to Watch in 2022 and Beyond

As a flurry of regulations and mandates descend upon the nursing home sector, such changes could create legal obstacles, and suggest yet another difficult and onerous year for providers. Staffing mandates, the aftermath of the end of the public health emergency (PHE), Covid liability and the PREP Act, all create “existential threats” for skilled nursing […]

CMS Reportedly Exploring Nursing Home Medicaid Spending Requirement Tied to Patient Care

The federal government could soon require nursing homes across the country to spend most of their Medicaid payments on direct patient care, according to a Kaiser Health News report. While not yet formally proposed, the Biden administration’s strategy would limit the amount of Medicaid dollars used on operations, maintenance and capital improvements or considered profits. […]

Nursing Homes Pay ‘Exorbitant’ Agency Costs to Comply With Staffing Minimums

State staffing minimum laws are colliding with spiking agency costs, with some facilities forced to continue or increase the use of expensive temporary staff to meet state requirements. The dissonance is especially felt in states like New York, which has the largest Medicaid reimbursement shortfall in the nation, according to Stephen Hanse, president and CEO […]

Nursing Home Staffing Minimum Law Takes Effect in New York

Nursing homes across the state of New York must now abide by a new law that requires facilities to meet minimum staffing levels after Gov. Kathy Hochul lifted a three-month pause on Friday. Hochul originally delayed implementation of the mandates, citing the industry’s staffing challenges made worse by the omicron variant. The law requires the […]

New York Nursing Home Providers Could See CON Tax Hike on New Buildings

Health care providers — including skilled nursing operators — in New York could see a new 3% surcharge on all new facilities under the governor’s proposed budget for fiscal 2021. The New York Post first reported the news earlier this week. The 2020-2021 executive budget proposes setting a certificate of need (CON) fee of 3% […]

New York to Pull Nursing Home Residents Out of Managed Medicaid — While Also Pursuing More Spending Cuts

After a tense year of standoffs between New York nursing home providers and the state government, Gov. Andrew Cuomo outlined his budget for the new fiscal 2021 with an eye toward curbing rapidly-expanding Medicaid spending. The budget doesn’t propose specific cuts to the Medicaid program, but Cuomo’s goal is to achieve $2.5 billion in savings […]

Nursing Home Providers Sue Over NY’s Decision to ‘Damn the Torpedoes’ and Implement $246M in Medicaid Cuts

A coalition of nursing home providers in New York State on Thursday filed a lawsuit against the state’s Department of Health (DOH), alleging violations of federal and state law with regard to hundreds of millions in Medicaid funding cuts. “These rate reductions were motivated purely out of budgetary concerns, with no consideration for the residents […]

New York Offers $27M for Program That Shifts Skilled Nursing Residents to the Home

Officials in New York State have offered a $27 million grant to a non-profit that can help transition nursing home residents into home- and community-based settings. The state’s Department of Health invited qualifying non-profits to submit their ideas for administering a Transition Center program, according to the official request for proposals (RFP). Crain’s New York […]