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

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, July 10, 2024

Recorded event now available

or call 1-800-926-7926

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.

Description

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.

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Outline

  1. Minimum nurse staffing standards
  2. Hardship exemption
  3. 24/7 RN cn-site requirement
  4. Updates to facility assessment requirement
  5. Implementation timeline
  6. Implications

Benefits

The panel will discuss these and other important issues:

  • What types of data must be used in making staffing decisions?
  • Whose input is required and how does that affect liability for neglect or abuse cases?
  • How do the new rules mesh with the old standards?
  • Do the new rules create incentives to depose different nursing home employees or decision-makers?

Faculty

Brusca, Michael
Michael A. Brusca
Partner
Davis & Brusca

Mr. Brusca dedicates his practice to representing vulnerable individuals and their families in wrongful death,...  |  Read More

Klele, Khaled
Khaled J. Klele
Partner
McCarter & English

Mr. Klele provides counsel to a variety of providers including long-term care facilities, ambulatory surgery centers,...  |  Read More

Schall, Victoria
Victoria A. Schall
Owner
Schall At Law

Ms. Schall concentrates her practice on civil litigation claims for nursing home abuse and neglect, medical...  |  Read More

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