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We would like to congratulate the Virginia House and Senate for passing House Bill 1446, which sets staffing requirements for certified nursing homes and imposes sanctions on facilities that are not compliant.
The bill was sponsored by Delegate Bobby Orrock, R-Spotsylvania and was passed in the Senate on February 15th, 2023.
The measure now goes to Virginia Governor Glenn Youngkin for his consideration.
This measure is critical because Virginia nursing homes have the second highest death rate in the nation. Much more needs to be done.
Virginia is also one of 15 states without minimum staffing standards, and nursing homes in the Richmond area have come under scrutiny for their low ratings.
The General Assembly’s Joint Commission on Health Care reported last year that about 20% of nursing homes in the state did not meet federal staffing standards. Homes run by for-profit companies tend to have the worst staffing, the Centers for Medicare and Medicaid Services determined.
This bill would require facilities to provide an average of 3.08 hours of nursing care to each resident each day. The staffers could be certified nursing assistants, licensed practical nurses or registered nurses.
Nursing homes that are not compliant with the measure would face corrective action. A nursing home that is not compliant for 2 years in a row could be fined $50,000. Facilities out of compliance for three years could be placed on probation.
Nursing homes are currently struggling with being able to pay and retain staff. The bill ties in Medicaid’s value-based purchasing program, in which facilities that hire more staff receive higher reimbursements. This provision helped the bill gain approval where other bills have failed.
HB 646:
In 2022, we supported HB 646, a bill aiming to provide better conditions for nursing home residents. This did not pass. However, we do think some of the text below is relevant to what nursing homes are currently experiencing today, and to what can hopefully be alleviated by some of the measures in House Bill 1446.
We included some of the text from the AARP's site below.
"Our nursing home residents deserve better than subpar conditions. That’s why AARP is fighting to put the safety and well-being of nursing home residents first by asking lawmakers to pass House Bill 646.
It’s time to hold nursing homes accountable for providing safe environments and high-quality care for residents.
The Virginia General Assembly must take action to ensure residents receive the care they need by passing HB 646, which will:
• establishing minimum staffing standards, and
• implementing consistent quarterly training in issues like infection prevention protocols.
Tell Virginia lawmakers: Pass HB 646 to protect nursing home residents! Please take a moment to send a message to your state legislators and urge them to protect nursing home residents by passing HB 646. "
SUCCESS IN THE VIRGINIA GENERAL ASSEMBLY
Virginia General Assembly backs minimum staffing for nursing homes (Richmond Times Dispatch, 2-15-23)
THE SAD STATE OF VIRGINIA NURSING HOMES
Covid-19 Early Winter Wave Peaks in Virginia Nursing Homes (AARP)
Virginia’s nursing home COVID-19 death rate is 2nd highest in the nation (AARP)
Twenty Years—and Still No Staffing Standards (AARP, 4-29-22)
Sadness and death: Inside the VA’s state nursing-home disaster (Politico, 8-24-21)
JUSTICE FOR NURSING HOMES
Virginia's Nursing Home Residents Deserve Better (AARP)
Justice and Change for Victims of Nursing Facilities (Facebook)
A higher standard: General Assembly may mandate staffing levels in nursing homes (ABC News, 1-24-22)
SIMILAR EARTH FUTURE ACTION REPORTS
Death and Abuse in the Nursing Home
Rural Hospitals and Nursing Homes Facing Shut Down - The Crisis Continues
A Call for Maryland and Virginia to Release Names of Nursing Homes with Coronavirus