What Does the CMS Staffing Rule Repeal Mean for Nursing Home Neglect Cases?

Insight from an experienced Alabama nursing home neglect attorney

Because nursing homes are regulated by the federal government, any change in presidential administration can bring significant implications for the industry—and, by extension, for residents and their families.

Earlier this month, McKnight’s Long-Term Care News reported that the Centers for Medicare & Medicaid Services (CMS) is planning to repeal the minimum nursing home staffing standards that were set by the previous administration last year. It’s unclear precisely what the new regulations will look like, but at a minimum, they would repeal the federal mandates for nursing hours and round-the-clock registered nurse coverage.

The immediate impact of this change may not be as significant as it would seem, because the 2024 rule had already been struck down in federal court and delayed by Congress through 2034. Still, it suggests that federal regulators may not be as concerned about nursing home staffing in the current environment as they had been in previous years.

The deadly impact of understaffing in nursing homes

Caring for nursing home residents is labor-intensive work. Residents need significant help with their activities of daily living (ADL), such as dressing, bathing, grooming, eating, and drinking. They must be closely monitored during mealtimes because of the risk of choking or aspiration of food.

Nursing home staff are responsible for administering medication, monitoring residents for signs of infection and other health issues, and performing various other tasks to ensure their overall well-being. In addition to directly caring for individual residents, staff are responsible for maintaining a safe, clean, and healthy environment in the facility as a whole.

Examples of understaffing that lead to nursing home neglect

Getting all that work done requires many hands, but unfortunately, most nursing homes are chronically understaffed, and too often, the result is nursing home neglect. Some examples of neglect linked to understaffing include:

• Failure to monitor residents during meals, leading to choking.
• Failure to properly assist residents in and out of bed, leading to falls.
• Failure to regularly bathe residents and change their clothes, increasing the risk of urinary tract infections (UTI).
• Not regularly turning residents in bed, leading to pressure ulcers (bedsores) that can become infected.
• Medication errors when overworked staff rush through medication administration.
• Leaving injuries and illnesses untreated because there aren’t enough staff to promptly respond to medical issues or monitor residents.

Understaffing can also lead to nursing home abuse. Without enough staff in the building to supervise residents and monitor people entering the facility, the risk of resident-on-resident or visitor-on-resident abuse increases.

Furthermore, understaffed facilities are more likely to hire staff without background checks or look the other way when staff members display signs of abusive behavior because they are simply desperate for workers.

Our law firm holds negligent nursing homes accountable

Regardless of the status of the legal staffing mandates, all nursing homes are responsible for caring for their residents and providing the services they are contracted to provide. That means they must have enough staff to get the job done, and when they don’t, they can be held accountable under the law.

When nursing homes fail to care for residents, families can be left devastated. We stand up for their rights. Our track record of results includes a $1.2 million recovery against a nursing home that failed to provide oxygen to a resident and a $1 million recovery against a nursing home that allowed a resident to develop bedsores.

If your loved one was abused or neglected in a nursing home, give us a call or contact us online for a free consultation with Shuttlesworth Law Firm, P.C.

"From the beginning of the case to the very end, Perry, Misty, and the staff kept us fully informed of the process. They were very helpful, thoughtful, compassionate, and knowledgeable. If you're in need of a great attorney, I recommend Shuttlesworth Law Firm." – Sandra C., ⭐⭐⭐⭐⭐