Miyares sues federal government over nursing home staffing mandate

RICHMOND, Va. (WRIC) — Virginia Attorney General Jason Miyares is suing the federal government claiming the federal agency responsible for regulating nursing homes has overstepped in announcing new regulations on the industry.

The rules, which were finalized earlier this year, will require nursing homes to have a registered nurse on-site at all times. Plus, they’ll set a minimum staffing requirement. The University of Pennsylvania says enforcing the rules could save up to 13,000 lives every year.

“We would never expect the state’s top law enforcement officials to try and take steps to roll back what is the most significant protections for nursing home residents in decades, maybe ever,” said Sam Brooks, Director of Public Policy at the National Consumer Voice for Quality Long-Term Care. “Lower staffing leads to higher pressure ulcers, falls, deaths [and] increased depression.”

In the lawsuit, Miyares alleges the Centers for Medicare and Medicaid Services (CMS) overstepped because the rules weren’t approved by Congress. Plus, Miyares says the rules would exacerbate the workforce shortage nursing homes are already facing.

“To meet the CMS mandate, Virginia’s nursing homes would need to have about 3,500 more registered nurses and nurse aids.” said Amy Hewitt, Vice President of Strategy and Communications for the Virginia Health Care Association and Virginia Center for Assisted Living.

Hewitt says many nursing homes in Virginia may close or be forced to reduce the number of people they can accept as a result of the new rules.

“It might mean that facilities have to establish a waiting list or facilities would be limiting admissions to be able to have enough staff to care for their residents which might mean families have to wait longer to find an available facility to care for their loved one,” Hewitt explained.

The new rules are set to be phased in over a three-year period.

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