The Biden administration releases controversial new minimum staffing standards for nursing homes that will affect more than 75% of healthcare facilities

Vice President Kamala Harris on Monday announced a series of new rules for federally funded nursing homes that require minimum staffing levels.

But the controversial new rule will require 75% of nursing homes to hire staff, and facility operators have strongly objected, saying they are already struggling to fill open positions. The requirement could force some facilities to close.

Harris made the announcement in Wisconsin during a meeting with nurses.

“It’s time we recognize your value, pay you accordingly and give you the structure and support you deserve,” she said.

The COVID pandemic revealed a serious shortage of staff in nursing homes.

The new rule requires:

• Nursing homes that receive Medicare and Medicaid provide a total of at least 3.48 hours of nursing care per resident per day
• Thus, a facility with 100 residents would need at least two or three registered nurses and at least 10 or 11 nursing assistants, as well as two additional nurses, who could be registered nurses, licensed professional nurses or nursing assistants, per shift.
• Additionally, nursing homes must have a registered nurse on site at all times
• The mandate will be implemented over three years, with rural communities given up to five years
• Temporary waivers will be available

Harris said the new rule will mean more staff in these facilities, fewer emergency room visits for residents and peace of mind for providers, who can spend more time with their patients.

The coronavirus pandemic, which claimed the lives of more than 167,000 nursing home residents in the U.S., exposed poor staffing levels at facilities and prompted many workers to leave the industry.

The average U.S. nursing home has a total staffing of approximately 3.6 hours per resident per day.

Medicaid pays $125 billion annually to home health care companies, which were not required to report on how they spent the money.

Another rule from President Joe Biden’s administration requires that 80% of that money be used to pay employees, rather than administrative or overhead costs.

“This is about dignity, and it’s about the dignity that we as a society owe to those in particular who care for the least of them,” Harris said.

Under the new rules, approximately 75% of nursing homes will have to hire staff

Vice President Harris met with nursing home workers in Wisconsin

Under the new rules, about 75% of nursing homes will have to hire staff — including 12,000 registered nurses and 77,000 aides — to meet daily care needs, according to the Department of Health and Human Services.

Just over 22% will need to hire registered nurses to comply with the 24-hour mandate.

Mark Parkinson, president of the American Health Care Association, which represents more than 14,000 health care organizations, said Monday that the organization was concerned that the administration would move forward with what he called an “unfunded mandate.”

“It is unconscionable for the administration to finalize this rule given our country’s changing demographics and the growing shortage of health care providers,” Parkinson said in a statement.

“Issuing a final rule that requires hundreds of thousands of additional health care providers when there is a nationwide nursing shortage simply creates an impossible task for health care providers.”

His group found that meeting the requirements would require nursing homes to hire more than 100,000 additional nurses and nursing assistants, at an annual cost of $6.8 billion.

Approximately 94% of nursing homes did not meet at least one of the proposed staffing requirements.

Republicans have criticized the additional costs and hiring requirements, arguing it will put facilities out of business.

Republican Senator Ron Johnson of Wisconsin told reporters on a conference call that the rule “might sound good.” It will not work.’

Health and Human Services Secretary Xavier Becerra told CNN that no one should go to a facility with inferior care.

“We are taking into account the hardships that the industry said could be difficult,” Becerra said in an interview, noting that the agency provides grants to help with hiring.

“But are we going to jeopardize the safety and quality of care for residents because an institution says they can’t find the people they need? I have to question that business model if that’s how you’re going to run a house that’s supposed to take care of Americans.”

Nearly 1.2 million residents live in Medicare- and Medicaid-certified long-term care facilities

Many of the facilities became understaffed during the COVID pandemic

Nearly 1.2 million residents live in Medicare- and Medicaid-certified long-term care facilities.

Monday was Harris’ third visit to the state of Wisconsin. It’s part of Biden’s push to earn the support of union workers as he bids for reelection.

His Republican rival Donald Trump caused a stir among workers with his victory in 2016.