If adopted, it would be the first time the federal government insists that nursing homes devote the majority of Medicaid dollars to caring for residents.
In its request for public comment, CMS asked several questions, including: “Is there evidence that resources that could be spent on staffing are instead being used on expenses that are not necessary to quality patient care?”— Massachusetts, New Jersey and New York — to mandate spending on care. Massachusetts requires nursing homes spend at least 75% of revenue on residents’ care.
National nursing home industry groups oppose such requirements, which come at a challenging time since many facilities are facing staffing shortages. In New York, two trade associations and about half the state’s homes have filed two lawsuits to block the state’s spending directive., president and CEO of the New York State Health Facilities Association, which represents 350 nursing homes and spearheaded one of the lawsuits. “We’re a hands-on industry.
The 239 nursing homes that joined the association’s lawsuit say that if New York’s law had been in effect in 2019, the facilities would have been forced to provide residents with an additionalHanse objects to the state telling nursing home administrators how to do their jobs. “You can have an amazing dietary program, for example,” he said, “and this law would mandate that you lay off dietary workers and hire front-line workers to meet the staffing requirement.”
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