Search Articles

Find Attorneys

Will Better Staffing Help Your Loved One in Long-Term Care?

  • September 8th, 2023

Cheerful nurse with clipboard talking with senior man in wheelchair in nursing home.For residents of nursing homes and other long-term care facilities, lack of sufficient staff has become an increasingly urgent concern in recent years. The shortage in this critical area of health care, linked in part to burnout and turnover, became even more evident when hundreds of thousands of people living in nursing homes died amid the COVID-19 pandemic.

If your aging parents or other loved ones are among the more than 1 million Americans residing in a nursing home, you may worry about the level and quality of care they are receiving each day.

Nursing Shortage Impact: Choosing a Long-Term Care Facility for Older Adults

Research suggests that higher nurse staffing levels in long-term care facilities lead to better health outcomes for patients. Yet for decades, the federal government has not altered any of the standards regarding nursing home staffing.

Local Elder Law Attorneys in Your City

Elder Law Attorney

Firm Name
City, State

Elder Law Attorney

Firm Name
City, State

Elder Law Attorney

Firm Name
City, State

“When facilities are understaffed, residents suffer,” Xavier Becerra, Secretary of the Department of Health and Human Services, said in a news release. “They might be unable to use the bathroom, shower, maintain hygiene, change clothes, get out of bed, or have someone respond to their call for assistance.”

Fortunately, when selecting a nursing home for an aging loved one, you have some useful resources at your disposal. For example, you can access information about staffing levels at local facilities through Medicare’s free online Care Compare tool. U.S. News & World Report is another source that offers ratings on nursing homes. In addition, the American Council on Aging provides a searchable database of nursing homes near you that accept Medicaid and Medicare.

Minimum Staffing: A Proposal From the Biden Administration

The federal government is now seeking to take steps toward regulating nursing homes on the staffing front. In September 2023, the Biden administration introduced the idea of requiring any long-term facility that accepts Medicare or Medicaid to meet a minimum staffing level. The goal of its proposal is to improve the safety and quality of care of residents living in these types of facilities across the country.

Among the minimum staffing requirements outlined in this initiative are the following points:

  • Long-term care facilities must ensure there is a registered nurse (RN) on site 24-7.
  • These facilities would need to have a baseline number of RNs and nurse aides (about one RN per every 44 residents and one nurse aide for every 10 residents, with each patient receiving at least three hours of direct care a day).
  • Long-term care facilities must include input from nurses, managers, and other staff members in their annual assessments.
  • Nursing homes in rural areas would have more time to implement some of the proposed changes.

According to the proposal, the government would also take steps to enforce these standards. This would include auditing facilities’ staffing data, analyzing nursing homes’ use of funds, and expanding inspections of long-term care facilities, in addition to other measures.

“When nursing homes stretch workers too thin, residents may be forced to go without basic necessities like hot meals and regular baths, or even forced to lie in wet and soiled diapers for hours,” the White House stated in a fact sheet about the proposal.

As part of the effort to help long-term care facilities meet these standards, the Centers for Medicare and Medicaid says it will invest in scholarships and tuition reimbursement for aspiring nurses. The federal government also plans to provide grant funding meant to train more professionals in the field.

Your Feedback

The proposal has earned the support of organizations such as AARP and Justice in Aging. Yet it also has drawn the ire of numerous lobbyists, health care providers, and nursing home industry groups.

These opponents have raised such concerns as the costs associated with hiring more nursing home staff. Some point to the existing shortage in nursing professors across higher education institutions. Others warn that many facilities may have to close when they find they are unable to meet new staffing minimums. Meanwhile, some patient advocates have expressed disappointment that the mandate is not strict enough.

National nonprofit Justice in Aging, which supports the mandate, issued an email encouraging the public to submit comments on the proposal. “Inadequate staffing is at the root of poor care,” it said. “Importantly, the proposed regulations are just that: proposed.”

If you wish to weigh in the experiences of your loved one in long-term care, you can submit your input online or via the mail. The proposal is open to comments from the public through November 6, 2023.


Created date: 09/08/2023
Medicaid 101
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
What Medicaid Covers

In addition to nursing home care, Medicaid may cover home care and some care in an assisted living facility. Coverage in your state may depend on waivers of federal rules.

READ MORE
How to Qualify for Medicaid

To be eligible for Medicaid long-term care, recipients must have limited incomes and no more than $2,000 (in most states). Special rules apply for the home and other assets.

READ MORE
Medicaid’s Protections for Spouses

Spouses of Medicaid nursing home residents have special protections to keep them from becoming impoverished.

READ MORE
Medicaid Planning Strategies

Careful planning for potentially devastating long-term care costs can help protect your estate, whether for your spouse or for your children.

READ MORE
Estate Recovery: Can Medicaid Take My House After I’m Gone?

If steps aren't taken to protect the Medicaid recipient's house from the state’s attempts to recover benefits paid, the house may need to be sold.

READ MORE
Help Qualifying and Paying for Medicaid, Or Avoiding Nursing Home Care

There are ways to handle excess income or assets and still qualify for Medicaid long-term care, and programs that deliver care at home rather than in a nursing home.

READ MORE
Are Adult Children Responsible for Their Parents’ Care?

Most states have laws on the books making adult children responsible if their parents can't afford to take care of themselves.

READ MORE
Applying for Medicaid

Applying for Medicaid is a highly technical and complex process, and bad advice can actually make it more difficult to qualify for benefits.

READ MORE
Alternatives to Medicaid

Medicare's coverage of nursing home care is quite limited. For those who can afford it and who can qualify for coverage, long-term care insurance is the best alternative to Medicaid.

READ MORE
ElderLaw 101
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Estate Planning

Distinguish the key concepts in estate planning, including the will, the trust, probate, the power of attorney, and how to avoid estate taxes.

READ MORE
Grandchildren

Learn about grandparents’ visitation rights and how to avoid tax and public benefit issues when making gifts to grandchildren.

READ MORE
Guardianship/Conservatorship

Understand when and how a court appoints a guardian or conservator for an adult who becomes incapacitated, and how to avoid guardianship.

READ MORE
Health Care Decisions

We need to plan for the possibility that we will become unable to make our own medical decisions. This may take the form of a health care proxy, a medical directive, a living will, or a combination of these.

READ MORE
Long-Term Care Insurance

Understand the ins and outs of insurance to cover the high cost of nursing home care, including when to buy it, how much to buy, and which spouse should get the coverage.

READ MORE
Medicare

Learn who qualifies for Medicare, what the program covers, all about Medicare Advantage, and how to supplement Medicare’s coverage.

READ MORE
Retirement Planning

We explain the five phases of retirement planning, the difference between a 401(k) and an IRA, types of investments, asset diversification, the required minimum distribution rules, and more.

READ MORE
Senior Living

Find out how to choose a nursing home or assisted living facility, when to fight a discharge, the rights of nursing home residents, all about reverse mortgages, and more.

READ MORE
Social Security

Get a solid grounding in Social Security, including who is eligible, how to apply, spousal benefits, the taxation of benefits, how work affects payments, and SSDI and SSI.

READ MORE
Special Needs Planning

Learn how a special needs trust can preserve assets for a person with disabilities without jeopardizing Medicaid and SSI, and how to plan for when caregivers are gone.

READ MORE
Veterans Benefits

Explore benefits for older veterans, including the VA’s disability pension benefit, aid and attendance, and long-term care coverage for veterans and surviving spouses.

READ MORE