Ask the legal expert: What can we expect from a staffing minimum?

Q: What can we expect out of the Centers for Medicare & Medicaid Services’ intention to issue new guidance on minimum staffing measures for nursing homes?

A: Frankly, it means trouble. To begin addressing the minimum staffing requirement, CMS added new requirements for surveyors to incorporate the use of Payroll Based Journal staffing data in their inspections.

This will identify potential noncompliance with CMS nurse staffing requirements, such as lack of a registered nurse for eight hours each day, or lack of licensed nursing for 24 hours a day. This guidance aims to uncover instances of insufficient staffing and will, allegedly, yield higher quality care.

CMS also intends to issue a proposal in 2023 on a minimum staffing measure.