In an effort to improve the quality of care for nursing home residents, the Biden Administration has announced plans for sweeping nursing home reform.

As you are aware, the pandemic has been devastating to nursing home residents. COVID-19 has not necessarily caused all the recent issues with nursing homes. Issues regarding staffing, quality of care, and private investors’ role in the nursing home industry has existed long before anyone heard of COVID-19. The pandemic simply brought these issues to the surface.

As a result, on February 28, 2022, the Biden administration announced it would be implementing a variety of nursing home reforms, including the creation of a minimum staffing standard in nursing homes, accountability for poor-performing nursing homes, increased transparency around ownership and finances, and support for direct care staff. These critical reforms will hopefully address many of the long-standing problems that have existed. You can read the White House briefing on these reforms by clicking here.

It is uncertain how the Biden administration will implement these proposed reforms. Some may be able to be implemented by executive order or through CMS regulations. Others will require legislation in Congress. Additionally, there is a strong likelihood of legal challenges to some proposals by the nursing home industry, such as the minimum staffing standards. Also, any executive order to implement these proposals can be undone by a new President.

It is our hope a positive outcome from the pandemic will be the implementation of necessary nursing home reforms to improve the quality of care for our seniors. We will keep you updated on the status of these nursing home reform proposals. Please feel free to contact our elder care law office with any questions.