New Staffing Rules: Is Your Parent’s Nursing Home Ready?

 Posted on July 17, 2024 in Nursing Home Abuse

Understaffing is the reason given for many nursing home neglect incidents. When one caregiver is responsible for too many residents, he or she cannot provide appropriate care to each patient. Unfortunately, neglect often leads to serious injuries, malnutrition, and many other physical, emotional, and mental issues.

A new federal rule recently went into effect that requires specific nursing staff numbers for long-term care facilities. The rule will be implemented in stages. Is Illinois ready? An experienced nursing home neglect attorney explains.

What Is Nursing Home Neglect?

Nursing home residents rely on the facility’s staff to provide crucial care and assistance. Neglect is willfully withholding or failing to provide that assistance or care. Common forms of neglect include not assisting residents with daily hygiene, not providing appropriate medical or mental health treatments, lengthy delays in responding to resident requests for help, and failing to move residents with mobility issues regularly.

Neglect can have severe consequences, such as residents falling, acquiring bedsores, depression, untreated health issues, wandering, and life-threatening injuries. Qualifying residents or their families can seek compensation for harm due to negligence and substandard care.

What Should You Do If You Think Your Loved One’s Nursing Home Is Understaffed?

Unfortunately, your loved one may not tell you if they are suffering from neglect due to understaffing. If you are able to visit the facility, take note of how many workers you see and how long it takes them to respond to requests for assistance. Some common signs of neglect include:

• Unexplained or untreated injuries, bruises, sores, or illnesses

• Changes in behavior

• Unexpected weight loss

• Poor personal hygiene

• Unsanitary conditions

If you notice these or other red flags that indicate neglect, you need to take action. Contact Schwartz Injury Law for more information and assistance.

What Is the Final Rule?

Until recently, no federal rule specified minimum staffing standards for nursing homes. On May 10, 2024, the Centers for Medicare & Medicaid Services published a final rule establishing nurse staffing standards, hoping to "ensure safe and quality care in long-term care facilities."   

Among other regulations, the rule requires:

• A registered nurse to be at the facility 24/7

• A 3.48 minimum total nurse staffing hours per resident day (HPRD)

• 0.55 RN HPRD

• 2.45 nursing aide HPRD

Although Illinois already has staffing standards, many state facilities do not adhere to these rules.

When fully in effect, the federal regulations outline escalating penalties for non-compliance. Effective dates vary depending on specific rules and whether the facility is urban or rural. The latest effective date is May 2029.

Is Your Parent’s Nursing Home Ready To Meet the New Federal Staffing Standards?

A recent analysis of 670 Illinois nursing homes reporting shows that as of June 2024:

• Number of facilities meeting all three nurse staffing requirements: 108

• Facilities meeting RN standards: 59 percent

• Facilities meeting total nurse staffing standards: 40 percent

• Facilities meeting nursing aide standards: 19 percent

As you can see, Illinois nursing homes have a long way to go to comply with the new federal final rule. Will this new CMS ruling reduce or eliminate nursing home neglect? That remains to be seen because understaffing is only one cause of neglect.

Request Your Free Consultation With an Experienced Chicago, IL Nursing Home Neglect Lawyer

Nursing home neglect is a serious problem. If you believe that neglect harmed your loved one, you might be eligible for compensation. At Schwartz Injury Law, we believe every nursing home resident should receive proper care, and we will use our considerable resources and knowledge to fight to hold guilty parties accountable.

When you call us at 312-535-4625, you will speak to an actual lawyer, not an intake service. Reach out 24/7 to speak to a Cook County, IL nursing home neglect attorney.