Wisconsin nursing home advocates push back against new federal staffing mandate

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MADISON, Wis. (CBS 58) -- Nursing home organizations in Wisconsin are pushing back against the first-ever minimum staffing rule that was finalized by the Biden administration Monday.

LeadingAge Wisconsin, a senior advocacy group, said they're concerned the new staffing mandate could strain an industry that's already struggling to fill open positions, fearing the requirement could force some facilities to close.

"I am very concerned the rule will lead to closures especially in rural facilities," said Rene Eastman, Vice President of Policy & Finance, LeadingAge Wisconsin.

Nearly two dozen nursing homes have closed or announced closures since 2020 when the pandemic plagued the industry, according to LeadingAge. The reason was primarily due to staffing shortages.

The controversial rule requires all nursing homes that receive Medicare and Medicaid funding to provide at least 3.48 hours of care to each resident per day and to have a registered nurse on duty, seven days a week to "provide skilled nursing, which will further improve nursing home safety," according to a White House fact sheet.

For example, a facility with 100 residents would need to hire two or three registered nurses and at least 10 or 11 nurse aides, as well as other licensed professionals per shift.

While the new mandate seeks to address understaffed facilities by implementing minimum staffing ratios, Eastman said it's a "misguided" policy "to presume the only way to get quality care is through more staff."

"We think we need to reward facilities who are making investments in technology and are doing things that allow them to provide high quality care without more bodies," said Eastman.

Vice President Kamala Harris announced the rules ahead of a trip to La Crosse where she met with nursing home care employees about their work.

To allow nursing homes time to hire additional staff, the Biden administration said the requirements will be introduced in phases with longer timeframes for rural communities. There will also be limited, temporary exemptions for facilities struggling to hire a registered nurse who must be onsite 24/7 and other staffing requirements if they "demonstrate a good faith to hire."

Some nursing home advocates questioned how they'll afford to hire more employees.

"It's an unfunded mandate which we think is terribly unfair," said Rick Abrams, Chief Executive Officer at the Wisconsin Health Care Association and Wisconsin Center for Assisted Living. "People are concerned and it's not because they don't want to adequately staff, but whether they can find staff and have the resources there to pay them."

Meeting the proposed mandate would require nursing homes to hire 100,000 additional nurses and aides, a cost of $6.8 billion annual, according to an analysis by the American Health Care Association.

That same study concluded 94% of nursing homes across the country did not meet at least one of the proposed staffing requirements.

More than 50 organizations, including many labor unions, signed a letter of support for the mandates.

While touting the new policy in southeastern Wisconsin, the vice president called it a significant step towards bolstering nursing home quality and safety.

"It's going to mean peace of mind in terms of your loved one being taken care of and for workers it's more time with their patients, less burnout and lower turnover," Harris said while attending a roundtable with industry leaders.

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