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What are the new nursing home regulations in PA? Key changes as of July 2024

3 min read

According to the Pennsylvania Department of Health, significant new regulations impacting long-term care facilities took full effect in July 2024. This guide explains what are the new nursing home regulations in PA, highlighting critical changes in staffing, direct care hours, and ownership transparency. These updates are designed to enhance resident care and provide families with greater peace of mind.

Quick Summary

Pennsylvania has implemented new nursing home regulations as of July 2024. The updates include increased daily direct care hours, tighter staff-to-resident ratios for CNAs, LPNs, and RNs, enhanced ownership and financial reporting transparency, and revisions to resident admission policies.

Key Points

  • Increased Direct Care Hours: By July 2024, Pennsylvania nursing homes must provide a minimum of 3.2 hours of direct care per resident per day, up from 2.7 hours.

  • Tighter CNA Staffing Ratios: New rules effective July 2024 mandate stricter Certified Nursing Assistant (CNA) ratios, including 1 CNA per 10 residents during the day shift.

  • Enhanced Ownership Transparency: Regulations now require comprehensive disclosure of ownership and annual financial reporting to the Department of Health, increasing facility accountability.

  • Updated Admissions Process: New residents must be oriented to their rights, routines, and key staff members within 24 hours of admission to ensure a smoother transition.

  • Penalties for Non-Compliance: The PA Department of Health will enforce these standards through inspections, and non-compliant facilities may face penalties or require a plan of correction.

  • Additional Staffing Requirements: The regulations also specify minimum staffing for Licensed Practical Nurses (LPNs) and require at least one Registered Nurse (RN) per 250 residents at all times.

  • State Funding for Staffing: Pennsylvania allocated $120 million annually in Medicaid funding to assist nursing homes in meeting the new staffing requirements.

In This Article

Pennsylvania's Nursing Home Reform: Understanding the 2024 Updates

Pennsylvania's new long-term care regulations, fully effective in July 2024, represent the most significant changes in decades, aiming to improve the quality of care in nursing homes. The reforms address staffing levels, ownership transparency, and resident rights. Non-compliant facilities may face penalties.

Increased Direct Care Hours per Resident

A key change is the increase in the minimum required direct care hours per resident per day (HPRD). This metric tracks the time registered nurses (RNs), licensed practical nurses (LPNs), and certified nursing assistants (CNAs) spend on resident care. The HPRD increased in two phases, reaching 3.2 by July 1, 2024. While this is an improvement, it's noted to be below some national recommendations. State funding has been increased to help facilities meet these requirements.

Stricter Staff-to-Resident Ratios

In addition to the HPRD increase, the new regulations mandate specific staff-to-resident ratios for different shifts to ensure adequate staffing at all times. These ratios were fully implemented by July 2024.

Updated Staffing Ratios (as of July 1, 2024):

  • Day Shift (CNA): 1 CNA per 10 residents.
  • Evening Shift (CNA): 1 CNA per 11 residents.
  • Night Shift (CNA): 1 CNA per 15 residents.

The regulations also include requirements for LPN and RN staffing, including a minimum of one RN per 250 residents.

Enhanced Ownership and Financial Transparency

The new regulations require greater transparency regarding nursing home ownership and finances. This is intended to provide clearer oversight and hold operators more accountable.

Key transparency requirements include:

  • Annual financial reports submitted to the Department of Health.
  • Full disclosure of significant ownership stakes.
  • Review of owner financial strength and history during licensing.
  • Notification to residents about proposed ownership changes.

Comparison of Old vs. New Staffing Standards

Feature Old PA Regulation (Pre-July 2023) New PA Regulation (As of July 2024) Source
Total Direct Care Hours 2.7 hours per resident per day 3.2 hours per resident per day
Day Shift CNA Ratio 1 CNA per 12 residents (pre-July 2023) 1 CNA per 10 residents
Evening Shift CNA Ratio 1 CNA per 12 residents (pre-July 2023) 1 CNA per 11 residents
Night Shift CNA Ratio 1 CNA per 20 residents (pre-July 2023) 1 CNA per 15 residents
LPN Staffing Lower ratios (e.g., 1 per 40 overnight) Higher ratios (e.g., 1 per 30 evening, 1 per 40 overnight)
RN Staffing Lower requirements Minimum of one RN per 250 residents at all times
Ownership Disclosure Limited disclosure Comprehensive disclosure of ownership and annual financial reports

Conclusion

Pennsylvania's updated nursing home regulations, fully in effect by July 2024, represent a significant effort to improve resident care through increased staffing and greater transparency. While challenges remain, these reforms aim to enhance safety and quality of life for residents. Detailed information is available from the Pennsylvania Code and Bulletin.

Updated Resident Admission and Rights

The regulatory changes also include new requirements for resident admissions. Facilities must orient new residents to their rights and routines within 24 hours and introduce them to staff within two hours of admission. Assistance with securing personal possessions is required within 72 hours. These changes reinforce resident protections.

Enforcement and Future Outlook

The PA Department of Health enforces these regulations through inspections. Non-compliant facilities face corrective action plans and potential penalties. While recruitment challenges exist, increased Medicaid funding supports facilities. The goal is to improve care quality and reduce neglect.

Summary of Regulatory Areas

  • Staffing Levels: Minimum direct care hours increased to 3.2, with updated ratios for CNAs, LPNs, and RNs.
  • Ownership Transparency: New disclosure and reporting requirements aim to increase accountability.
  • Resident Rights: Admissions procedures were updated to include timely orientation for new residents.
  • Enforcement: The PA Department of Health enforces standards, with penalties for non-compliance.

How to Verify a Facility's Compliance

Families can verify compliance by requesting staffing schedules and reviewing state inspection reports. Documenting personal observations and comparing staffing to national recommendations can also be helpful. For persistent issues, contacting the Long-Term Care Ombudsman or seeking legal advice is recommended.

Frequently Asked Questions

As of July 1, 2024, the minimum direct care hour requirement for each resident in a Pennsylvania nursing home is 3.2 hours per day.

Effective July 1, 2024, the new CNA staffing ratios are: 1 CNA per 10 residents during the day shift, 1 CNA per 11 residents during the evening shift, and 1 CNA per 15 residents during the night shift.

The regulations require increased transparency, mandating comprehensive disclosure of ownership information and annual financial reporting to the Department of Health. This provides regulators with tools to assess facility viability and track ownership changes.

Yes, updated admission policies require facilities to orient new residents to their rights and facility routines within 24 hours and introduce them to nursing and direct care staff within two hours of admission.

The Pennsylvania Department of Health enforces the regulations through inspections. Non-compliant facilities must submit a plan of correction and may face penalties.

The new regulations maintain the requirement for at least one Registered Nurse (RN) per 250 residents at all times.

Yes, the state increased Medicaid funding by $120 million annually to help nursing home operators cover the costs associated with the new staffing requirements.

Official details can be found in the Pennsylvania Bulletin, which publishes the final-form regulations from the PA Department of Health.

Penalties can range from a plan of correction and fines to more severe actions like being placed on a provisional or probationary license, or even loss of license or receivership.

The new ratios are tighter, meaning fewer residents are assigned to each caregiver. For CNAs, the old daytime ratio was 1:12, while the new one is 1:10 as of July 2024. Similar adjustments were made for evening and night shifts for CNAs and LPNs.

The enhanced transparency aims to increase accountability by revealing who profits from and controls nursing home facilities. This helps federal and state regulators identify patterns of poor performance and hold negligent owners accountable for patient care.

References

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Medical Disclaimer

This content is for informational purposes only and should not replace professional medical advice. Always consult a qualified healthcare provider regarding personal health decisions.