Earlier this summer, the U.S. Supreme Court’s decision in Loper Bright Enterprises v. Raimondo sent shockwaves throughout the legal and regulatory world, including the nursing home industry.
Although Loper Bright was decided in the context of fishing regulations, the decision may affect the staffing standards that the Centers for Medicare & Medicaid Services (CMS) have set for federally regulated nursing homes.
How the Supreme Court’s decision affects the nursing home industry
The Loper Bright decision overturned the Chevron doctrine, which instructed federal courts to show deference to administrative agencies in their interpretation of laws passed by Congress.
In essence, the Supreme Court’s decision makes it easier for affected parties to challenge regulations set by the federal government, because they can persuade the courts to make their own rulings on the underlying laws passed by Congress instead of deferring to the executive branch’s interpretation.
This ruling calls into question whether CMS has the authority to enforce current rules mandating staffing levels for nursing homes. As Skilled Nursing News reported, the American Health Care Association and the National Center for Assisted Living (AHCA/NCAL), which represents 14,000 nursing homes, assisted living facilities, and similar organizations, have already asked the current administration to rescind those rules.
That doesn’t mean the federal staffing requirements are going away or that a legal challenge would be guaranteed to succeed, but it certainly puts the nursing homes in a stronger position. And that’s highly concerning news for residents and their families, because lower staffing levels increase the risk of nursing home abuse and neglect.
How understaffing increases the risk of injury in nursing homes
In our experience, understaffing is a factor in the strong majority of nursing home abuse and neglect claims. Understaffed facilities put residents at risk in myriad ways because there simply aren’t enough staff to provide critical services, including:
- Poor monitoring during mealtimes, leading to increased risk of choking incidents.
- Failure to bathe and change residents, increasing the risk of infections.
- Not turning residents in bed, increasing the risk of bedsores (pressure ulcers).
- Inadequately supervising residents, leading to wandering, elopement, or even fights and assaults in the nursing home.
- Failure to get residents medical attention, which can cause injuries and illnesses to become worse.
In addition, understaffed facilities tend to have dysfunctional hiring, supervision, and retention of staff. They may be so desperate for help that they skip background checks or keep staff employed despite signs of abusive behavior. When facilities have inadequate staff, residents too often pay the price.
In an uncertain regulatory environment, accountability through the civil justice system is crucial
With the uncertainty surrounding federal regulation of nursing homes, it’s more important than ever for residents’ families to take proactive steps to protect their loved ones.
Regardless of the level of staffing the government mandates, every facility has a legal responsibility to keep its residents safe and provide the level of care they need, and that includes hiring adequate staff to meet those responsibilities.
When nursing homes fail, residents and their families can seek legal recourse. We can help.
Shuttlesworth Law Firm, P.C. has extensive experience fighting and winning on behalf of victims of nursing home abuse and neglect. If your loved one has been harmed in a nursing home in Birmingham or anywhere in Alabama, we’d be honored to listen to your story. Give us a call or contact us online for a free consultation.
