On October 10th, 2024, Reuters reported that a group of nearly two dozen Republican-led states have filed a lawsuit in an attempt to to block the Biden Administration from implementing a proposed federal nursing home staffing rule. The litigation puts the proposed regulation in peril. Here, our Chicago nursing home abuse attorneys provide an overview of the proposed rule, the lawsuit to stop it, and the risks posed by understaffed nursing homes.
Background: Biden Administration Unveiled Nursing Home Staffing Rules
In April 2024, the Biden Administration announced new proposed staffing rules for nursing homes. The Centers for Medicare & Medicaid Services (CMS) published the proposed regulations. CMS emphasized that the regulations are designed to improve quality of care at nursing homes. Here are some specific key points to know:
- 24/7 Registered Nurse Requirement: The CMS proposed regulation would mandate that a registered nurse (RN) must be onsite 24 hours a day, seven days a week in every skilled nursing facility.
- Facility Assessment/Staffing Plans: Under the proposal, nursing homes would be required to conduct annual facility-wide assessments to determine the resources needed for care. The assessments would need to include input from various stakeholders—including nursing home leadership, staff, and residents/resident representatives. Based on these assessments. Covered facilities must develop a staffing plan that is responsive to the needs of residents.
- Minimum Staffing Levels: As drafted, the proposed rules specify a minimum number of hours of care per resident per day, including specific thresholds for RNs and nurse aides (NAs). Facilities must meet a total nurse staffing requirement of 3.48 hours per resident per day (HPRD)—with at least 0.55 HPRD from RNs and 2.45 HPRD from NAs.
- Hardship Exemptions: It should also be noted that the proposed CMS regulation includes an exception. Nursing homes would qualify for temporary hardship exemptions from these minimum requirements if they are located in areas with low nursing staff availability and demonstrate good faith efforts to recruit and retain staff.
Several States are Suing to Block the Proposed Regulation
As confirmed in reporting from The Hill, twenty-one states—all led by Republican AGs—are taking part in a lawsuit aimed at blocking the implementation of the Biden Administration’s proposed nursing home staffing rules. These lawsuits argue that the proposed—which, among other things, stipulates minimum staffing levels—exceeds the regulatory authority of CMS. The lawsuit argues that the regulation is so extensive that it requires congressional approval. The states claim these regulations pose a significant financial and operational burden on nursing homes amidst a nationwide staffing shortage. The lawsuit is pending in federal court.
Why Understaffing of Nursing Homes is a Serious Hazard
Regardless of whether or not the federal nursing home staffing regulation will take effect, there is no question that nursing homes need to ensure that the facility is adequately staffed. Understaffing is a serious threat to resident care. Here are some of the most notable risks:
- Increased Risk of Medical Errors and Nursing Home Neglect: Understaffed facilities often mean that there are fewer caregivers available to attend to the complex and diverse medical needs of residents. Indeed, understaffing can lead to oversights in medication management, delayed response to emergent health issues, and a higher incidence of medical errors. Neglect is a very serious concern at understaffed nursing homes.
- Compromised Daily Care and Resident Hygiene: Residents in understaffed homes may not receive the necessary assistance with daily activities such as bathing, dressing, and eating. Poor daily care support can lead to poor hygiene. Hygiene neglect is a significant risk factor for infections and other health complications. It undermines quality of life.
- More Accidents, including Falls: With fewer staff members to assist, monitor, and intervene, the risk of falls and related injuries can increase significantly. Elderly residents often require help with mobility and transfers. Insufficient staffing can lead to unsafe environments where serious fall accidents are more likely to occur.
- Adverse Psychological Impact: Insufficient staffing can lead to social isolation and neglect of residents’ emotional and psychological needs. Lack of interaction and engagement with caregivers can lead to feelings of loneliness and depression among residents. Mental health is as crucial as physical health—and without proper staffing, the psychological needs of the residents may be neglected.
Negligent Nursing Home Can Be Held Accountable
In Illinois, nursing homes can be held liable for patient harm caused by negligence. The understaffing of a nursing home could be negligence. A top-tier Illinois nursing home abuse lawyer can review your case, investigate the situation, and gather all relevant documents, records, and information to support your claim and take action to get justice and the maximum compensation. Residents and their families may be able to seek compensation for:
- Relocation costs;
- Hospital bills;
- Other medical expenses;
- Lost wages;
- Pain and suffering;
- Long-term disability;
- Reduced quality of life; and
- Wrongful death of a loved one.
Why Trust Kennedy Watkins for a Nursing Home Abuse Claim in Chicago
Staffing is a huge issue in nursing homes and other types of assisted care centers in Chicago and throughout the surrounding region in Illinois. Persistent understaffing puts vulnerable residents at serious risk. It can lead to a wide range of different health and safety problems for the residents. At Kennedy Watkins LLC, our Chicago attorneys hold negligent nursing homes accountable. With a proven record of successful verdicts and settlements, we are proud of our history of putting residents and their families first in complex nursing home abuse & neglect claims.
Contact Our Chicago Nursing Home Abuse Attorney Today
At Kennedy Watkins LLC, our Chicago nursing home abuse lawyer is standing by, ready to fight for your rights. If you or your loved one suffered harm in a nursing home caused by understaffing, we are here to help. Get in touch with us today for your free, no strings attached case evaluation. With a law office in Chicago, we represent nursing home abuse and nursing home neglect victims in Cook County and throughout the wider region in Northern Illinois.