Regulatory

Consider what you can and must do to comply with the law while maintaining access to a pool of qualified workers. Finding people to work as certified nursing assistants (CNAs) and other frontline positions in post-acute and long-term care facilities is challenging at best. This challenge could intensify in the coming months and years, as efforts to reform U.S. immigration policies threaten to further shrink the pool of potential workers in healthcare. Immigrants make up 1 in 4 direct-care workers nationwide; and in recent years, organizations have increasingly looked to immigrants to address their workforce shortages.  What do you need to know to avoid staffing shortages as immigration reform moves forward? … [Read more...] about Implications of Immigration Reform on Caregiver Workforce

Pending legislation would prohibit employers from taking action against unvaccinated workers. Back in 2016, a study indicated that state laws mandating flu shots for healthcare workers contributes to higher vaccination rates. However, laws like one being considered in the Ohio legislature could muddy the waters for healthcare facilities and other employers in the state and beyond. … [Read more...] about Vaccination Controversy Could Heat Up with New Bill

Congress seeks to power up protections for older workers with POWADA. Age discrimination in the workplace continues to be a concern for many Americans; and earlier this year, the Protecting Older Workers Against Discrimination Act (POWADA) was introduced in the U.S. Senate. This bill amends the Age Discrimination in Employment Act of 1967 (ADEA) to make it easier to fight back against age discrimination. Senators Bob Casey (D-PA) and Susan Collins (R-ME), two of the bill's sponsors, also wrote a letter to Facebook, Google, and LinkedIn to express serious concern over the use of advertising targeting tools on these platforms that allow employers to recruit potential employees in specific age ranges. In their letter Senators Casey and Collins said that age discrimination “continues to occur, and changes in technology and the methods employers use to recruit, hire, and … [Read more...] about Senate Focuses on Preventing Discrimination against Older Workers

Emergency preparedness is a constant concern, but new legislation might help. With summer comes hurricanes, tornadoes, and sometimes floods. Winter can bring blizzards and below zero temperatures. All year long, concerns about pandemics, earthquakes, fires, and other disasters loom large. Preparing for these is a source of anxiety for everyone, including post-acute and long-term care communities (PALTC). However, a new law is good news for our industry. The Pandemic and All-Hazards Preparedness and Advancing Innovation Act (S 1379), signed into law on June 7, elevates skilled nursing facilities (SNFs) to the same level as acute-care facilities for power restoration and includes nursing facilities in pre-disaster emergency planning. Overall, the bill is designed to strengthen and improve national preparedness and response, with … [Read more...] about New Law Brings PALTC Communities into Disaster Planning Loop

Bill in the U.S. House of Representatives calls for SNFs, hospices, hospitals, others to have a comprehensive plan to prevent, address workplace violence. Legislation that would mandate that employers have a prevention plan for workplace violence took a step closer to becoming law this week. The Workplace Violence Prevention for Health Care and Social Service Workers Act (H.R. 1309) was voted out of the House Committee on Education and Labor on Tuesday. The bill requires the U.S. Department of Labor to promulgate an occupational safety and health standard that requires certain employers in the healthcare and social services sectors, including skilled nursing facilities, hospices, hospitals, residential treatment facilities, group homes, and federal healthcare facilities (such as Veterans Administration facilities), to develop and implement a comprehensive plan for … [Read more...] about Lawmakers Focus on Protecting Healthcare Employees from Workplace Violence

The challenge of attracting more talented workers to healthcare was a hot topic in the nation’s capital this week. Not surprisingly, addressing workforce shortages was a hot topic of discussion during the American Health Care Association/National Center for Assisted Living (AHCA/NCAL) Congressional Briefing this week in Washington, D.C. Over 400 participants heard from congressional representatives and others about what the future may hold. There was general optimism; and it was clear that many see opportunities arising out of challenges. … [Read more...] about Workforce Concerns Follow Providers to Capitol Hill

New bill supports programs, scholarships, training, more to create skilled, diverse healthcare labor force. The healthcare workforce shortage is gaining attention in Congress. Most recently, a bill that reauthorizes several health professions education and training programs from 2020 through 2024 was introduced in the U.S. House of Representatives. Reps. Jan Schakowsky (D-IL) and Michael C. Burgess (R-TX) sponsored the Educating Medical Professionals and Optimizing Workforce Efficiency and Readiness (EMPOWER) for Health Act (H.R. 2781). The bill is designed to help ensure that patients and communities nationwide have access to healthcare professionals, services, and supports by promoting an educated, skilled workforce. … [Read more...] about Lawmakers Acknowledge the Need to Boost the Healthcare Workforce

From staffing and sexual harassment to contract employees and discrimination reporting, statehouses and courts are moving forward on hot issues. It is important to keep your finger on the pulse of legislative action, both on the national and state levels.  Currently, there is some action in Washington, D.C., and in some state capitals worth keeping on your radar. While these issues might not affect your organization directly right now, they are gaining traction across states and industries; and they could soon impact how you do business. Of greatest interest and significance on the state front is a Connecticut bill that just passed the Senate there. This legislation (Senate Bill 375) would mandate nursing homes to disclose daily the number of direct-care staff members that are assigned to patients. This measure is aimed at increasing transparency and encouraging facilities to hire more direct care staff. The bill passed 31-4, and now heads to the House. If this measure becomes law, … [Read more...] about Sweeping Legislative Changes Could Soon Affect You

Healthcare employees will be able to refuse some procedures, services due to faith-based objections. Last week, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the issuance of a final rule on conscience provisions that enables healthcare employees to refuse certain medical procedures—including abortion, sterilization, and even advance directives--if they have faith-based objections. This rule replaces a 2011 regulation that, according to HHS, “has proven inadequate.” The final rule clarifies what covered entities (including federal agencies and programs, as well as state and local governments receiving federal funds) need to do to comply with applicable conscience provisions and requires applicants for HHS federal financial assistance to provide assurances and certification of compliance. The rule also specifies compliance obligations for covered entities, including cooperation with OCR, maintenance of records, reporting, and … [Read more...] about HHS Issues Final Rule on Conscience Provisions

Higher staffing level thresholds could cause star ratings to plummet despite quality care. In March, the Centers for Medicare & Medicaid Services (CMS) announced that it was setting higher thresholds and evidence-based standards for nursing home staffing levels. Starting with April numbers, the agency will automatically give one-star staffing ratings to any facility that has four or more days each quarter with no registered nurse (RN) on site. This a significant drop from the previous standard of seven or more days. Now the real-world impact of this is starting to come to light, and it’s causing great concern. According to recent statistics, at least 550 providers could be affected, and it’s likely that the number ultimately will be higher. … [Read more...] about Facilities Brace for Star-Rating Declines under CMS Changes