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Nursing Home Staffing Standards Withstand Challenge, With AARP’s Help

Federal rule sets minimum care hours for most nursing homes


spinner image a nurse smiling at a care recipient in a wheelchair
Getty Images

AARP notched a win for nursing home residents and their families this week by helping to fend off an effort to overturn new federal minimum staffing standards.

A bill that would have rolled back the new requirements advanced in the U.S. House on Sept. 18 but failed to come to a vote ahead of a key deadline. A similar bill in the Senate also failed to advance. 

In April, the Centers for Medicare and Medicaid Services finalized the first-ever national staffing standards for federally funded nursing homes. The changes, which AARP championed, were first proposed in September and apply to most of the nation’s 15,000 nursing homes. They come in response to concerns about safety and the adequacy of care in nursing homes as well as the roughly 188,000 nursing home resident deaths since the onset of the COVID-19 pandemic.

However, proposed bills in the House and Senate would have blocked the rule from taking effect. The repeal effort follows complaints from the nursing home industry that the standards would be difficult to meet because of a nursing workforce shortage.

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AARP fought hard to protect the requirements. AARP activists have sent more than 290,000 emails to federal lawmakers in recent weeks, urging them to keep the standards in place.

“We will keep fighting against any threats to the safety of nursing home residents, especially when it comes to making sure staffing standards aren’t cut,” Megan O’Reilly, AARP vice president for health and family, said Friday.

Improved staffing required

The rule requires nursing homes to provide the staffing equivalent of at least 3.48 hours of nursing care per resident per day. That includes 0.55 hours of care from a registered nurse and 2.45 hours of care from a nurse’s aide each day. It also calls for a registered nurse on-site around the clock, seven days a week, to provide skilled care.

According to the White House, a facility with 100 residents would need two or three registered nurses, at least 10 or 11 nurse's aides, as well as two additional nursing staff members, to meet the standards. Additional nursing staffers could be a registered nurse, licensed professional nurse or a nurse’s aide.

In a Sept. 17 letter to federal lawmakers, AARP Senior Vice President for Government Affairs Bill Sweeney pointed out that the CMS standards included significant flexibility for nursing homes in areas facing the worst staffing shortages, such as those in rural communities. This includes a longer timeline for meeting the requirements and the ability to apply for exemptions.

“If a nursing home does not have enough staff to care for its residents, it should not be admitting new residents,” Sweeney wrote.

Research suggests that adequate staffing is linked to higher-quality care. In our letter, we shared the story of a Virginia woman whose mother sat in urine-soaked clothing while staff tended to other residents.

Join Our Fight to Protect Nursing Home Residents

Tell Congress to reject any bill that would cut much-needed minimum staffing standards in nursing homes.

She is one of thousands of AARP members who say their loved ones have suffered because of inadequate staffing, according to Sweeney. He cited recent research estimating that the new standards will save nearly 13,000 lives each year.

“We must ensure that facilities receiving taxpayer dollars provide the care they are being paid to provide,” Sweeney wrote.

Read more about the staffing standards, and keep up with AARP’s nursing home coverage.

Video: David Alan Basche Urges Increase in Nursing Home Staff

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