News Article

Consumer Voice and Others Comment on CMS's Proposed Nursing Home Staffing Rule

November 07, 2023

On September 6, 2023, the Centers for Medicare & Medicaid Services (CMS) released the long-anticipated Notice of Proposed Rule Making (NPRM) that would implement a minimum staffing standard in nursing homes.  The rule was open for public comment through November 6, 2023. CMS received more than 46,000 comments on the rule.

Thank you to all those who made their voices heard by commenting! We appreciate your advocacy!

Consumer Voice's comments to CMS on the rule included:

• Consumer Voice strongly supports the proposed requirement that a nursing home have at least one registered nurse (RN) on site 24 hours per day, seven days per week. The current requirement of eight hours per day is insufficient and places residents at risk of harm.
• While Consumer Voice supports the implementation of a minimum staffing standard, the proposed standard is too low and must be increased.
  • Additionally, we oppose the proposal that will permit waivers/exemptions from requiring nursing homes to comply with a minimum staffing standard if they meet certain criteria.
  • We urge CMS to reduce the timeframes for implementation and use a phased-in approach; and to adopt a more stringent system for monitoring and enforcing compliance with staffing standards.
• Consumer Voice supports increased Medicaid transparency regarding direct care wages but believes more can be done.
• While we support the proposed additions to the facility assessment regulation, we note that these additions will only be effective with proper guidance and enforcement.

Read our full comments.

Additional Support for Strengthening the Staffing Rule

More than 80 national and state organizations, including Consumer Voice, signed onto a letter regarding the rule. Plus, U.S. Representatives Lloyd Doggett (D-TX), Jan Schakowsky (D-IL), and 101 lawmakers wrote a letter urging CMS to strengthen and finalize the proposed Minimum Staffing Standards for Long-Term Care Facilities rule.

While official comments on the proposed rules have been submitted, our advocacy is not over.  Continue to let your policymakers know that strong staffing standards must be implemented; and stay tuned to the Consumer Voice for next steps!