Biden administration releases controversial new minimum staffing standards for nursing homes that will hit more than 75% of care facilities

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

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

Harris made the announcement in the battleground state of Wisconsin in a meeting with nursing care workers.

'It is about time that we start to recognize your value and pay you accordingly and give you the structure and support that you deserve,' she said.

Vice President Kamala Harris announced the new nursing home rules in the battleground state of Wisconsin

The COVID pandemic revealed severe shortages 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 
• So a facility with 100 residents would need at least two or three registered nurses and at least 10 or 11 nurse aides, as well as two additional nurse staff, who could be registered nurses, licensed professional nurses or nurse aides, per shift 
• Additionally nursing homes must have a registered nurse onsite at all times
• The mandate will be phased in over three years, with rural communities having up to five years 
• Temporary exemptions will be available

Harris said the new rule will mean more staff at these facilities, fewer emergency room visits for residents and peace of mind for caregivers, who will be able to 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 the poor staffing levels at the facilities and led many workers to leave the industry. 

The average U.S. nursing home has overall caregiver staffing of about 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 were spending the money.

Another rule from President Joe Biden's administration will require that 80% of that money be used to pay workers, instead of administrative or overhead costs.

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

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

Vice President Harris met with nursing home workers in Wisconsin

Under the new rules, some 75% of nursing homes will have to hire staff – including 12,000 registered nurses and 77,000 aides – to meet the daily care requirements, the Department of Health and Human Services said. 

Just over 22% will need to hire registered nurses to meet the around-the-clock staffing mandate.

Mark Parkinson, president of the American Health Care Association, which represents more than 14,000 care facilities, said Monday the organization was worried the government was moving forward with what he called an 'unfunded mandate.'

'It is unconscionable that the administration is finalizing this rule given our nation's changing demographics and growing caregiver shortage,' Parkinson said in a statement. 

'Issuing a final rule that demands hundreds of thousands of additional caregivers when there's a nationwide shortfall of nurses just creates an impossible task for providers.' 

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

Some 94% of nursing homes were not meeting at least one of the proposed staffing requirements.

Republicans have criticized the added cost and hiring requirments, arguing it will put facilities out of business.

Republican Sen. Ron Johnson of Wisconsin told reporters on a conference call that the rule 'might sound good. It won't work.' 

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

'We take into account the hardships that industry claimed might be difficult,' Becerra said in an interview, noting the agency provides grants to assist with hiring.

'But are we going to compromise safety and quality care for the residents because a facility is saying they can't find the people they need? I've got to question that business model if that's the way you're going to run a home 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 under staffed during the COVID pandemic

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

Monday marked Harris' third visit to the battleground state of Wisconsin. It's part of Biden's push to earn the support of union workers in his bid for reelection. 

His Republican rival Donald Trump made inroads with blue-collar workers in his 2016 victory.