Showing posts with label understaffing. Show all posts
Showing posts with label understaffing. Show all posts

Wednesday, November 8, 2023

US nursing home workers face ‘catastrophic crisis’ of understaffing


by Michael Sainato

For Linda Long, who has worked in nursing homes since 1997, at the same facility outside of Tacoma, Washington, since 2003, understaffing has always been a problem.

It only got worse during the Covid-19 pandemic, when she said co-workers were leaving due to the short staffing, constant Covid outbreaks and the immense workloads that staff were left with to fill in the void.

But, workers and labor experts say, short-staffing in the crucial US industry has persisted after the pandemic, with grave impacts on patient care and residents’ wellbeing, and spiraling burnout that has become pervasive in the care industry.

“Most of the time, I want to cry when I see things and I can’t do any more than I can do,” said Long. “There are times when we have extra people and we’re jumping for joy because I know the residents will have somebody to talk to, but in general we are still short-staffed, which means you look at the residents every day thinking. ‘Oh my God, how am I going to do this for them today?’”

Long said that the care many residents need has to be done by multiple people at a time, such as operating lifts to raise patients in and out of bed to bathe, to eat and to be active, and oftentimes nursing aides aren’t available to help complete these tasks. The short-staffing often results in workers skipping their breaks and lunches, and cutting corners wherever they can to save time so they can attend to every resident.

“You have to decide what to do, what you cannot do, but there’s not one task that can really be left out,” she said. “It really affects the wellbeing of the residents and yours, because you go home knowing you couldn’t do the things you need to do.”

She described the heartbreaking daily experiences she and other workers face when residents are weary about asking staff to help them with something because they see how short-staffed and overworked they are at the facility. And if tasks are skipped or missed, residents’ conditions can quickly deteriorate.

“Showers aren’t being done all the time because we can’t always get to it,” added Long. “People will lose the ability to walk, the ability to sit up, to do a range of motions, and that has a lot to do with being shorthanded because they don’t get any of the basic care they need.”

The Biden administration and labor groups are hoping for change. The US Department of Health and Human Services’ Centers for Medicare & Medicaid Services (CMS) has proposed a rule to implement minimum staffing standards in long-term care facilities, with the public comment period ending on 6 November. If implemented, it would be the first ever minimum federal staffing standard for nursing homes that care for 1.2 million people.

Under the proposed rule, the CMS estimates 75% of facilities would have to improve staffing in their facilities. The rule would require nursing homes to provide residents with a minimum of 0.55 hours of care from a registered nurse per resident per day and 2.45 hours of care from a nurse aide per resident every day.

More than 50 unions, worker groups and organizations signed on to a letter in support of federal minimum staffing levels in nursing homes, including the Service Employees International Union (SEIU), the AFL-CIO and MomsRising.

“Our country’s long-term care system is in the midst of a catastrophic crisis, and nursing home workers and residents have suffered unspeakable consequences. In the absence of a federal staffing standard, nursing home workers have endured complete physical, mental and emotional exhaustion due to understaffed shifts and unsafe working conditions, and nursing home residents have been robbed of the quality care and quality of life they deserve,” said the SEIU president, Mary Kay Henry, in a statement supporting the standard.

But several nursing home CEOs have written public comments to oppose the rule, claiming it’s not feasible due to costs and labor shortages, with many workers and family members of residents writing in support of the rule or calling to strengthen it.

The nursing home industry is a multibillion-dollar industry with about 70% of nursing homes operating as for-profit facilities. In recent years, private equity firms have increased their ownership or stake in nursing homes, with research demonstrating that private equity ownership results in worse health outcomes.

Tina Siegel has worked as a licensed practical nurse in a nursing home in Erie, Pennsylvania, for 38 years, where she says staffing shortages have always been an issue in the industry but have worsened during the pandemic.

Earlier this year, Pennsylvania enacted statewide staff-to-patient ratios for nursing homes amid pushes from workers like Siegel, which she says have helped to improve staffing issues. She said the ratios are needed nationwide to improve working conditions for staff and the care and dignity that nursing home residents deserve.

“We feel really connected to our residents. We take care of them, some of them we’re the only family they have. We’re there when they’re passing away, and you want to spend time with them because you’re the only person there, but a lot of times you don’t have time to do that either. So … you feel bad because in their last moments of their life, they’re by themselves and that shouldn’t happen to people,” said Siegel.

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US nursing home workers face ‘catastrophic crisis’ of understaffing

Thursday, October 19, 2023

Understaffing is driving force behind lawsuits against senior living communities, legal experts say

by Kimberly Bonvissuto


Broken promises about service and care levels, attributed to “grossly understaffed” at senior living communities and skilled nursing facilities, are the driving force behind a surge in class-action lawsuits against such providers, according to two legal experts.

The Long Term Care Community Coalition hosted a webinar Tuesday that included AARP Foundation Litigation, a charitable nonprofit arm of the AARP that focuses on civil rights cases, abuse and neglect in senior living communities and skilled nursing facilities. The group advocates for systemic change in federal and state courts to “change the circumstances that give rise to poor care,” AARP Foundation Litigation Vice President Kelly Bagby said.

Benjamin Davis, AARP Foundation Litigation senior attorney, said an issue arises when operators promise to provide a sufficient level of staffing but residents and their families mistakenly believe that that promise means that their loved ones will receive individualized care. The dynamics of senior living communities and skilled nursing facilities, he said, mean that staff members are devoted to all residents, not individuals.

The result, Davis said, is that providers make promises to attract residents but then don’t meet resident needs or effectively reassess residents to determine their changing needs.

Davis highlighted a current case against Chancellor Senior Management, a Columbus, OH-based organization that manages four assisted living communities in the state. The lawsuit alleges that Chancellor used a formula to determine the hours of care that each resident needed based on their individual conditions but only applied that formula for billing purposes, not to determine staffing levels. The lawsuit further alleges that staffing decisions are made at the corporate headquarters rather than at the community level.

The Supreme Court of Appeals of West Virginia opened the door for the case to move to a class action lawsuit, Davis said. The court also further declared that the provider’s arbitration agreements in resident admission contracts were unenforceable because they were part of a larger contract rather than a stand-alone agreement. The American Health Law Association requirements incorporated into those agreements call for them to be stand-alone agreements. 

Bagby referenced a federal class action case against Brookdale Senior Living filed in 2020. The lawsuit accuses the country’s largest senior living company, based in Brentwood, TN, of “chronically insufficient staffing” at its communities, allegedly to meet financial benchmarks. The lawsuit also accuses Brookdale of misleading residents and families and of failing to provide care and services.

“Our cases are about how to force companies to change their practices around adequate staffing,” Bagby said, adding that attorneys are focusing on violations of the consumer protection statutes that allow residents to recover damages for injuries when companies do not deliver on their promises. “In every assisted living and nursing facility, the residency agreement lays out those promises to residents,” she said.

Bagby said that it is critical for providers to be transparent about their practices and to not lie about their staffing levels. 

Class action staffing lawsuits not unprecedented

Class action lawsuits against senior living providers related to staffing levels are not a recent phenomenon.

In 2021, for example, Aegis Living of Bellevue, WA, settled two class action lawsuits for a combined $16.25 million. The lawsuits alleged that Aegis based staffing levels on predetermined staffing budgets rather than on resident care needs and in doing so violated elder abuse and consumer protection laws.

Similar legal action against other senior living companies also resulted in settlements.

For instance, the former Emeritus Corp., which merged with Brookdale in 2014, settled a class action lawsuit in 2016 for $13.5 million. The suit alleged that Emeritus misled assisted living residents about the use of a computerized system to evaluate residents and determine sufficient staffing and care levels. 

Atria Senior Living settled a similar lawsuit for $6.4 million that same year, and Oakmont Senior Living settled a class action lawsuit for $9 million earlier this year. A similar lawsuit against Sunrise Senior Living is pending.

Last fall, Argentum, the American Seniors Housing Association and the California Assisted Living Association filed an amicus brief in the Sunrise case, arguing that class actions are “unnecessary and counterproductive” because assisted living communities are highly motivated to provide quality care to residents. The brief also argued that the expense and disruption of defending class action suits diverts resources from care provision.

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Understaffing is driving force behind lawsuits against senior living communities, legal experts say