Other supporters have said HB1776's classification of medication assistants and therapists as "direct care staff" matches federal regulations. Copyright 2023, Arkansas Democrat-Gazette, Inc. Richard Mollot, who runs the New York-based nonprofit Long Term Care Community Coalition, said he felt the bill's authors misunderstood federal regulations. Copyright 2023 Nexstar Media Inc. All rights reserved. "They have to be turned. Please check official sources. Mollot said he's not aware of any other states relaxing their nursing home staffing laws in response to the new coronavirus. (Tommy Metthe/Arkansas Democrat-Gazette via AP, File). 0000028498 00000 n Minimum staffing requirements are included in the regulations that pertain to each type of facility. WebNursing homes must have at least one RN for at least 8 straight hours a day, 7 days a week, and either an RN or LPN/LVN on duty 24 hours per day. 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The AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing. In no event shall there be fewer than two staff persons on-duty at all times, including at least one CNA on the If you need additional help or need to create an account, please email membership@fhca.org, Forgot your password? Financial penalties for nursing homes found to have a pattern of violating state staffing laws would be repealed. Sanders said he is working with legislators, including U.S. Sen. John Boozman (R-AR), with trying to ensure doctors work in rural areas. We understand that, and we agree that staffing is critical, especially at this time. In addition to federal staffing requirements, 41 states have established higher staffing standards than the federal standards, but most of the state requirements remain well below levels recommended by experts. States receiving grant money must provide annual reports to HHS that demonstrate state nursing homes are making measurable progress toward meeting or exceeding a minimum staffing standard of 2.0 hours of direct care per resident per day within two years. The National Read Across America Day takes place every year on March 2, Geisels birthday. of Minimum Staffing QuickBase application Video DemonstrationandTrainingInstructions. Privacy Policy, Quality Assurance and Performance Improvement (QAPI), Life Safety and Emergency Management Summit, Ch 2022-61, Laws of Florida (CS/CS/HB 1239), AHCA Staffing Compliance Form: Calculating Minimum Staffing for Long Term Care Facilities, AHCA State Minimum Nursing Staff Hours Per Day Reference Sheet, FAQs: April 2022 Nursing Home Staffing Requirements, FHCA Webinar: Nursing Home Staffing Standards Recording (April 6, 2022), FHCA Webinar: Nursing Home Staffing Standards Handouts (April 6, 2022), CMS PBJ Frequently Asked Questions (Oct. 2018), AHCA/NCAL Five Star Quality Rating System. 0000028111 00000 n All rights reserved. It would allow nursing homes to count medication assistants and therapists as "direct care staff." Arkansas officials have considered relaxing minimum staffing laws at nursing homes during the covid-19 pandemic, a move that would cut care hours at a time (1) Except for nursing facilities that the Office of Long-Term Care designates or certifies as Eden Alternative nursing facilities or Green House Project nursing facilities, the staffing standard required by this subchapter shall be the minimum number of direct-care staff required by nursing facilities and shall be adjusted upward to meet the care needs of residents. 0000010708 00000 n 0000001036 00000 n The agency is acting now on a minimum staffing ratio, along with other staffing-related updates tied to the five-star rating and surveys, simply because its been proven that adequate staffing impacts quality, according to Evan Schulman, CMS division of nursing homes director. [CORONAVIRUS: Click here for our complete coverage arkansasonline.com/coronavirus], "It is part of the conversation. 0000046520 00000 n No decisions have been made, but the idea became "part of the conversation" after it surfaced during conference calls with nursing home representatives, state Department of Human Services spokeswoman Amy Webb said when asked whether suspending the staffing laws had been considered. HB1776 would replace state law that mandates specific nurse-to-resident ratios on a per-shift basis with a requirement that nursing homes average 3.36 "direct care hours per resident day" over a one-month period. Staffing standards. It was this context that produced the suggestion to reduce minimum nursing home staffing, Webb said, adding that "we are nowhere near a point where this would be something that we would move on. Nursing homes in New York have long been plagued with complaints of abuse and neglect. Facilities licensed by OLTC include nursing homes, residential care facilities, assisted living facilities, intermediate care facilities, adult day care and adult day health care centers, and post-acute head injury facilities. Leding and Teague did not immediately respond Monday to requests for comment. (a) The Department of Human Services shall not issue or renew a license of a nursing facility unless that facility employs the direct-care staff needed to provide continuous twenty-four-hour nursing care and service to meet the needs of each resident of the nursing facility and the staffing standards required by all state rules and federal regulations. The bill now requires every state-licensed nursing facility that is certified to participate in the federal Medicare/Medicaid program must follow federal guidelines, which are enforced by both the Centers for Medicare and Medicaid Services and the Department of Human Services in its role under federal law as the state survey agency, as stated on page 2. Advocates for residents of long-term care facilities argued that the organizations are rife with financial fraud and called on the state to implement the 2-year-old law. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and noncommercial use. Rep. Denise Garner (D) was the sole no vote. Any decision would be made by Human Services Secretary Cindy Gillespie in coordination with the governor's office "as appropriate," Webb said. ", "We want folks to feel comfortable that their loved ones are safe," she said. 0000006066 00000 n The online portal is powered through a technology called QuickBase and is part of a larger effort to provide an online portal for providers to submit information to OLTC. 2020 WebNURSING HOME STAFFING STANDARDS IN STATE STATUTES AND REGULATIONS UCSF Survey of Nursing Home Staffing Standards, 2007 8 STATE STANDARD State MINIMUM 0000027696 00000 n Access general OLTC forms and Division of Medical Services (DMS) Cost Reimbursement Rules Manual forms. The 16-page bill had nearly 50% (8 pages) stricken. The Arkansas Senate on Monday endorsed a rewrite of the state's nursing home staffing laws, sending the governor a bill that proposes the most significant changes to the state's minimum nursing standards in decades. Click Here for sign-in help. 0000027121 00000 n License renewals and fees are due March 1 each year. Universal Minimum nurse staffing levels have been identified in research studies and recommended by experts. The Office of Long Term Care (OLTC) licenses long-term care facilities in Arkansas. Expanding the definition of direct care will dilute the quality, they argued. Nursing Home Staffing Study Stakeholder Listening Session-August 29, 2022. Democrat Senators Greg Leding and Larry Teague were the no votes, and Joyce Elliott abstained. This document may not be reprinted without the express written permission of Arkansas Democrat-Gazette, Inc. Material from the Associated Press is Copyright 2023, Associated Press and may not be published, broadcast, rewritten, or redistributed. 0000005713 00000 n A recent report from Scripps Gerontology Center notes that from 2017 to 2021, New Yorks nursing homes have seen their operating expenses rise 23 percent due to higher wage and benefit costs, an increasing need to rely on high-cost temporary staffing agencies, and the effects of inflation. *UPDATE* The QuickBase minimum staffing system has been updated. "We are not there, and we know the implications of staffing and how important staffing is. The Senate vote was the fourth public approval of HB1776, as the bill was advanced by two committees and both legislative chambers without eliciting a single public question from a lawmaker. It does not include or assume that a nursing home will be complying with federal staffing requirements. Copyright 2023, Arkansas Democrat-Gazette, Inc. Get free summaries of new opinions delivered to your inbox! Certified Nurse Aides (CNAs): The adjusted legislation now includes medication assistants, therapists, and care management (a few examples) as direct care staff.. Extensive information about assets and Medicaid eligibility is available from the Division of County Operations. The Office of Long Term Care (OLTC) has gone live with an online portal for the collection of the monthly minimum staffing requirement data. Make sure your mailing address and phone number is up-to-date. Get free summaries of new opinions delivered to your inbox! "If anything, staffing should be increased at this time to protect both residents and staff.". One key initiative within the Presidents strategy is to establish a new minimum staffing requirement. 0000003618 00000 n "The addition of waiving already low staffing standards [would be], frankly, a recipe for disaster for residents and families in Arkansas," said Mollot, the advocate from New York. Already, federal guidance has urged long-term-care ombudsmen tasked with preserving resident rights to avoid entering nursing homes except for emergencies. Make sure your mailing address and phone number is up-to-date. Office of Chief Counsel; Office of Finance; Office of Information Technology; You're all set! (c) If a facility varies shift hours from the shift hours listed in 20-10-1401, the facility shall meet the staffing requirements for the shift listed in 20-10-1403. 0000003581 00000 n It affects dehydration. The labor shortage has resulted in the closure of 6,600 nursing home beds and contributed to patient backlogs at local hospitals, which have been dealing with their own staffing challenges. All rights reserved. The current Arkansas laws, which would be repealed under HB1776, specify how many direct-care staff members need to be on duty for every resident at varying times of the day. Lists current memos and repository for past Office of Long Term Care (OLTC) memos and transmittals. Each separate nursing You can explore additional available newsletters here. You can reach her at rachel.silberstein@timesunion.com or 518-454-5449. State Attorney General Letitia James recently filed a slew of recent lawsuits against nursing home operators, accusing operators of financial fraud and self-dealing while providing insufficient care to nursing home residents. HB 1776 became Act 715 on April 14, 2021, and was signed into law by Governor Asa Hutchinson (R-AR). this Section, Chapter 10 - Long-Term Care Facilities and Services, Subchapter 14 - Staffing Requirements for Nursing Facilities. New coronavirus have a pattern of violating state staffing laws in response to the coronavirus. Asa Hutchinson ( R-AR ) Counsel ; Office of Long Term care ( OLTC ) and... 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