Client Alert

CMS Final Rule: Minimum Staffing

CMS finalized new minimum staffing standards for long-term care facilities, creating significant operational and reporting considerations for state Medicaid agencies.

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Key Takeaways

The Centers for Medicare & Medicaid Services (CMS) finalized new minimum staffing standards for Medicare- and Medicaid-certified long-term care (LTC) facilities as part of the Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting rule (CMS-3442-F). The rule establishes new nurse staffing requirements, adds facility assessment and staffing plan requirements, and includes new Medicaid institutional payment transparency reporting requirements for states.

  • CMS established new minimum staffing standards for long-term care facilities, including requirements for registered nurse (RN) and nurse aide staffing.
  • The final rule introduces 24/7 RN staffing requirements and minimum nurse staffing requirements that will be phased in over time.
  • States should evaluate the rule’s Medicaid institutional payment transparency reporting requirements and consider how the new requirements may affect data collection, reporting, and oversight.

What State Agencies Need to Know: At a Glance

The CMS final rule includes several provisions that may require action from state Medicaid agencies, particularly related to Medicaid institutional payment reporting and oversight of long-term care facility staffing. State agencies should understand the new requirements, implementation timelines, and potential implications for Medicaid programs and LTC providers.

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Minimum Staffing Requirements

CMS established new staffing requirements for LTC facilities, including minimum nurse staffing standards and requirements related to facility assessments and staffing plans. States should monitor implementation and consider the potential impact on Medicaid-enrolled facilities.

Medicaid Payment Transparency Reporting

The final rule also establishes new Medicaid institutional payment transparency reporting requirements. State Medicaid agencies will need to assess reporting processes and prepare for the data and information required under the rule.

CMS Final Rule: Minimum Staffing Standards and Medicaid Reporting Requirements

On April 22, 2024, CMS and the Department of Health and Human Services finalized the Minimum Staffing Standards for LTC Facilities and Medicaid Institutional Payment Transparency Reporting rule. The final rule was published in the Federal Register on May 10, 2024, and will become effective June 21, 2024. Myers & Stauffer is providing this client alert to ensure states are aware of several notable provisions specific to the minimum staffing and reporting standards.

  • Minimum Nurse Staffing: Establishes minimum staffing requirements for registered nurses and nurse aides in long-term care facilities.
  • 24/7 RN Coverage: Requires Medicare- and Medicaid-certified LTC facilities to have an RN onsite 24 hours a day, seven days a week.
  • Facility Assessment and Staffing Plans: Requires facilities to conduct facility assessments and develop staffing plans based on resident needs.
  • Medicaid Institutional Payment Reporting: Establishes new transparency reporting requirements for state Medicaid agencies related to payments to institutional providers.