The South Dakota association of Healthcare Organizations, or SDAHO, is joining a nationwide lawsuit challenging new proposed federal staffing requirements for nursing homes. They call the staffing mandate unrealistic.
Across America, 21 state affiliates have joined a lawsuit seeking to halt a proposed Centers for Medicare and Medicaid Services, or CMS, proposal that requires nursing homes have a registered nurse on staff 24-hours a day.
Justin Hinker is the SDAHO VP of post-acute care. He said there are real concerns about the proposed requirements for rural facilities.
“With the last payroll-based journal data, which is the data nursing facilities submit to CMS, the last quarter we have data for there were four (South Dakota) facilities out of 94 that would comply with the 24-hour RN rule," Hinker said. "Probably more so in our rural areas it would affect those facilities, but I think it is across South Dakota.”
This comes at a time long-term care facilities are closing their doors across the state, but especially in rural areas.
According to SDAHO, eighteen nursing homes in South Dakota have closed since 2016.
Proponents of this lawsuit argue the mandates will do little to alleviate the root issue, a lack of staff. The decision was spurred by dipropionate deaths in long-term care facilities during the COVID pandemic.
Hinker said there are alternatives to the RN mandate. Namely, the consideration of licensed practical nurses.
“One of the things we had asked CMS during the comment period is if they would allow LPNs to meet part of the nurse staff requirement," Hinker said. "There’s very capable and competent LPNs that are working in nursing facilities across South Dakota.”
South Dakota Attorney General Marty Jackley supports and has joined the lawsuit. These new minimums would take effect by 2029.