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HHS Takes Actions to Promote Safety
and Quality in Nursing Homes
CMS Proposed Rule
Seeks Feedback on Staffing Standards and Health Equity
Today, the
Centers for Medicare & Medicaid Services (CMS) issued its fiscal
year (FY) 2023 Skilled Nursing Facilities Prospective Payment System
(SNF PPS) proposed rule, which includes asking for public feedback on
how staffing in nursing homes and health equity improvements could lead
to better health outcomes.
The
proposed rule builds upon the Biden-Harris Administration’s commitment
to advance health equity, drive high-quality person-centered care, and
promote sustainability of its programs. The rule is an important step
in fulfilling its goal to protect Medicare skilled nursing facility
(SNF) residents and staff by improving the safety and quality of care
of the nation’s SNFs (commonly referred to as nursing homes). The SNF
PPS provides Medicare payments to over 15,000 nursing homes, serving
more than 1.5 million people. Medicare spending to nursing homes is
projected to be approximately $35 billion in FY 2022. Through the SNF
PPS proposed rule, CMS is continuing its work to transform the SNF
payment system to a more patient-centered model by making payments based
on the needs of the whole patient, rather than focusing on the volume
of certain services the patient receives.
“Everyone
deserves to receive safe, dignified, and high-quality care, no matter
where they live,” said Health and Human Services Secretary Xavier
Becerra. “Today we are starting the necessary work to ensure our loved
ones living in nursing homes receive the best care at the staffing
levels they need. We are working hard to deliver on President Biden’s
commitment to protecting seniors and improving the quality of our
nation’s nursing homes.”
The SNF PPS
proposed rule aims to realize the President’s vision for the nation’s
nursing homes as outlined in his State of the Union Address, with a
focus on providing safe, dignified, and appropriate care for residents.
As part of this vision, the Biden-Harris Administration recently set a
goal to improve the quality of nursing homes so that seniors, people
with disabilities, and others living in nursing homes get the reliable,
high-quality care they deserve. A key part of reaching this goal is
addressing staffing levels in nursing homes, which have a substantial
impact on the quality of care and outcomes residents experience.
“The
COVID-19 pandemic has highlighted serious problems at some of the
nation’s nursing homes that have persisted for too long. And we have
seen the tragic impact that inadequate staff resources can have on
residents and staff,” said CMS Administrator Chiquita Brooks-LaSure.
“The Biden-Harris Administration has promised that we will work with
all stakeholders to do better for nursing home residents, and today’s
proposed rule includes important steps toward our goal to promote
safety and quality of care for all residents and staff.”
In the SNF
PPS proposed rule, CMS is soliciting input to help the agency establish
minimum staffing requirements that nursing homes will need to meet to
ensure all residents are provided safe, high-quality care, and nursing
home workers have the support they need. This input will be used in
conjunction with a new research study being conducted by CMS to
determine the optimal level and type of nursing home staffing needs.
The agency intends to issue proposed rules on a minimum staffing level
requirement for nursing homes within one year.
CMS is also
requesting stakeholder input on a measure that would examine staff
turnover levels in nursing homes for possible inclusion in CMS’ SNF
Value-Based Purchasing (VBP) Program, which rewards facilities with
incentive payments based on the quality of care they provide to people
with Medicare. Looking at the relationship between staff turnover and
quality of care, preliminary analysis by CMS has shown that as the
average staff turnover decreases, a facility’s overall rating on CMS’
Nursing Home Five Star Quality Rating System increases, which suggests
that lower turnover is associated with higher overall quality. CMS will
use the stakeholder feedback to inform a proposal of this measure to
include in the SNF VBP Program in the future.
In January,
CMS began posting nursing home staff turnover rates (as well as weekend
staff levels) on the Medicare.gov Care Compare website, and
CMS will be including this information in the star rating system
starting in July 2022. This information helps consumers better
understand each nursing home facility’s staffing environment and
also helps providers to improve the quality of care and services
they deliver to residents.
The
proposed rule also proposes the adoption of 3 new measures into the SNF
VBP Program:
- The
Skilled Nursing Facility Healthcare Associated Infections
Requiring
Hospitalization (SNF HAI) is an outcome measure that assesses SNF
performance on infection prevention and management.
- The
Total Nursing Hours per Resident Day is a structural measure that
uses auditable
electronic data to calculate total nursing hours per resident each
day.
- The
Adoption of the Discharge to Community – Post Acute Care Measure
for SNFs (DTC)
is an outcome measure that assesses the rate of successful
discharges to
community from a SNF setting.
To advance
health equity and address the health disparities that underlie the U.S.
health care system, CMS is requesting stakeholder feedback on the role
health equity plays in improving health outcomes and the quality of
care in nursing homes. Specifically, CMS is seeking comment on how to
arrange or classify measures in nursing home quality reporting programs
by indicators of social risk to better identify and reduce disparities.
CMS is
proposing a 3.9%, or $1.4 billion, update to the payment rates for
nursing homes, which is based on a 2.8% SNF market basket update
plus a 1.5 percentage point market basket forecast error adjustment and
less a 0.4 percentage point productivity adjustment. The proposed rule
also contains a proposed adjustment to payment rates as the result of
the transition to the SNF payment case-mix classification model ̶
the Patient Driven Payment Model (PDPM) that went into effect on
October 1, 2019. When finalizing the PDPM, CMS also stated that
the transition to PDPM would not result in an increase or decrease in
aggregate SNF spending. Since PDPM implementation, CMS’ data analysis
has shown an unintended increase in payments. Therefore, CMS is
proposing to adjust SNF payment rates downward by 4.6%, or $1.7
billion, in FY 2023 to achieve budget neutrality with the previous
payment system. As a result, the estimated aggregate impact of the payment
policies in this proposed rule would be a decrease of approximately
$320 million in Medicare Part A payments to SNFs in FY 2023 compared to
FY 2022.
For a fact
sheet on President Biden’s remarks during the State of the Union
Address on improving nursing home safety and quality, please
visit: https://www.whitehouse.gov/briefing-
room/statements-releases/2022/02/28/fact-sheet-protecting-seniors-and-people-with-disabilities-
by-improving-safety-and-quality-of-care-in-the-nations-nursing-homes/
For a fact
sheet on the FY 2023 SNF PPS proposed rule, please visit:
https://www.cms.gov/newsroom/fact-sheets/fiscal-year-fy-2023-skilled-nursing-facility-
prospective-payment-system-proposed-rule-cms-1765-p
To view the
FY 2023 SNF PPS proposed rule, please visit: https://www.federalregister.gov/public-
inspection/current
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