(c) the institution complies with a written work schedule reflecting its staff structure 24 hours a day for a specified period; Upon request, the facility must provide residents or their representatives with the daily work schedules of direct nurses. Each care facility must have a minimum certified staff of 2.3 hours of direct care per resident per day. In addition, no facility will employ less than one certified practical nurse for every 20 residents. (1:20) Nursing home industry leaders say the needs of their loved ones have changed over the past two decades and that flexibility in staffing is needed to accommodate some of the specialists who work with residents. (e) facilities located in a nursing home may use shared staff, provided that working hours are counted only once to meet the minimum staffing quotas for assisted living facilities or nursing homes. This is true that the property has four wings of 30 beds or two floors of 60 beds. Staffing is based on the counting of the facility, not the configuration of the building. But the question of whether a facility meets its overall staffing needs would now be based on a monthly rather than a weekly average of the hours of care worked. “Unless otherwise authorized by the Agency, registered nurses who are included in the minimum staffing requirement for certified practical nurses shall perform only the duties of a certified practical nurse for the duration of the shift and will not also be considered in the minimum staffing requirements for registered nurses.” Section 400.23(3)(a), F.S.
Due to the changes passed by the Legislature, Florida is considered a leader in minimum staffing standards and outperforms other states in measures such as weekend and evening staffing. In case you missed it, the American Health Care Association and the National Center for Assisted Living (AHCA/NCAL) released a new report earlier this week from CliftonLarsonAllen LLP (CLA) on the negative impact of increasing staff minimums at the federal level. The report shows that increasing the minimum staff requires billions of dollars each year to hire tens of thousands of additional caregivers. CLA estimated the impact of implementing a staffing level of at least 4.1 hours per day of resident (HPRD) and noted: Last year, the state passed a law that allowed less experienced employees known as personal care attendants to be considered practical nurses for staffing purposes. Personal caregivers typically receive two working days of training before they begin caring directly for residents and perform fewer medically complex tasks than licensed practical nurses. Specialized staff may not take care of all residents, Phillips said. Due to changing requirements, nursing homes do not have to employ as many employees. But attempts to change the requirements for caregivers in Florida are not new. Home » Press Releases » AHCA: Analysis shows minimum staffing will cost the long-term care industry $10 billion a year Advocates say such legislation is desperately needed to address chronic and growing staff shortages in long-term care facilities. However, patient advocates are concerned that the bill, in its written form, will lower the standard of care in nursing homes – without increasing the number of employees inside. “This report makes it clear that improving staffing standards in nursing homes requires significant and consistent government resources. Even then, nursing homes would have the impossible task of finding an additional 187,000 nurses at a time when vacancies are open for months without candidates.
The unintended consequences of this type of unfunded mandate would be devastating for hundreds of thousands of vulnerable residents who could be displaced from their nursing homes. It would also specify what types of staff may be counted in these mandatory minimum sentences designed to ensure the safety of residents. The Biden administration proposed minimum staffing requirements for nursing homes, but without the necessary resources that facilities would need to hire additional caregivers. The long-term care industry is still in the midst of a historic staffing crisis, and nursing homes have lost more than 200,000 workers as a result of the COVID-19 pandemic, more than any other health sector. Staff shortages have led to six out of 10 nursing homes restricting admission, and three-quarters of providers fear they will have to close their doors forever. An unmet minimum staffing requirement does not address the underlying issues related to hiring and retaining staff and would only exacerbate the crisis. (b) notwithstanding the minimum staffing requirements referred to in point (a), all facilities, including those consisting of accommodation, have sufficiently qualified staff to provide supervision to residents and services to residents in accordance with the anticipated and unforeseen service needs of residents, residence contracts and standards of care for residents in accordance with Rule 59A-36.007; F.A.C. or arrange. COVID has certainly had an impact on staff, said Lindsay Peterson, a professor and researcher at the University of South Florida`s School of Aging Studies. Is that the answer? “Bureau of Health Facility Regulation 2727 Mahan Drive MS #33 Tallahassee, FL 32308 Phone: (850) 412-4303 Email: LTCStaff@ahca.myflorida.com “We cannot accommodate patients if we do not have the staff,” she said. We must follow the personnel requirements set by the state. This poses an access issue.â(f) Facilities with impaired mental health, extended group care, or a limited license for nursing services must also meet the personnel requirements of Rules 59A-36.020, 59A-36.021 and 59A-36.022, F.A.C., respectively.