CMS New Final Rule on Minimum Staffing for Skilled Nursing Facilities: Impact on Allegations of Understaffing and Neglect

This CLE course will provide attorneys, including those practicing in regulatory compliance and medical malpractice, instruction on the 2024 final minimum nurse staffing requirements for skilled nursing facilities promulgated by the Centers for Medicare & Medicaid Services (CMS). The program will discuss the effect of these new requirements on compliance and allegations of understaffing or negligent hiring, training, and supervision, and the ease or difficulty in bringing or defending claims against an entire enterprise rather than a single facility.

CMS has stated that the new minimum standards will "significantly reduce the risk of unsafe and low-quality care … across all LTC facilities." Industry leaders, however, have stated that the rules' "one-size-fits-all" approach creates more problems than it solves.

Counsel litigating nursing home abuse cases have always had to take into account whether a facility had complied with some type of CMS staffing criteria or regulation. Counsel need to consider whether the minimum requirements will offer any kind of safe harbor or simply set up another battle over the admissibility of violations or of negligent hiring. Because the new rules require input from nursing home leadership, the rules could expose certain members of that group to additional liability and make their testimony more important to establishing or disputing liability.

Listen as our experienced panel discusses the new staffing regulations and provide compliance suggestions, record keeping, and how they affect bringing or defending abuse cases alleging understaffing or negligent training, supervision, or hiring.