Statewide staffing crisis unabated as three in four nursing homes remain unable to reach staffing requirements.

With potential penalties looming, nursing home members should consider documenting any mitigating circumstances thwarting compliance with staffing level requirements.

Nursing homes have until Nov. 14^th to finalize their PBJ data submissions for the July through September 2022 timeframe.

The association's comments on the revised proposed regulations point out that inevitable penalties from enforcing staffing requirements that are infeasible in a workforce emergency will only deplete resources needed to recruit and retain staff. The payment of penalties, which are not countable for meeting minimum spending requirements, can also trigger seizures of revenues, further draining facilities of needed funds.

The proposed revisions include a change requested by LeadingAge NY related to the minimum penalty when mitigating factors exist. Comments are due by Sept. 26, 2022.

Template compares submitted staffing data to State staffing requirements.

In a letter to CMS, LeadingAge NY noted that the State's proposed method for distributing $187 million to support nursing home staffing would violate the authorizing legislation and create perverse incentives, by rewarding facilities that fail to meet minimum direct care spending requirements and excluding facilities that meet minimum staffing requirements.

Joined by approximately 80 of its nursing home members, LeadingAge NY has filed a petition seeking a preliminary and permanent injunction to prevent the enforcement of the minimum nursing hours requirements and minimum direct care spending requirements.