Staffing Waivers for Hundreds of Nursing Homes Raise CANHR’s Concern

California Advocates for Nursing Home Reform (CANHR) said it remains concerned that the state’s Department of Public Health’s (DPH’s) “excessive focus on waiving California’s minimum staffing requirements” is harming residents’ ability to receive needed care.

In its latest newsletter at http://www.canhr.org/ CANHR noted that DPH has posted lists of the California nursing homes that it has approved to staff at levels below California’s minimum staffing requirements. Nursing homes with approved waivers are allowed to staff below the daily minimum 3.5 direct care service hours per resident requirement or the minimum 2.4 certified nursing assistant (CNA) hours per resident requirement, or both.

CANHR pointed out and provided hyperlinks showing that more than half of California nursing homes sought staffing waivers. DPH has created two types of waivers: the workforce shortage waiver and the patient needs waiver.

As of January 31, 2019, DPH had granted workforce shortage waivers to 117 nursing homes. DPH has not posted any information on the nursing homes that were denied waivers, but 344 skilled nursing facilities originally applied for this waiver.

DPH had granted patient needs waivers to 245 nursing homes. 391 facilities applied for this waiver, which CANHR has challenged because it is not legislatively authorized.

For more information about nursing homes, see the home page www.wbeerman.com.

California nursing homes seek staffing level waivers

The California Advocates for Nursing Home Reform (CANHR) reports that the California Department of Public Health (DPH) has posted lists of the California nursing homes that have sought its approval to staff below the minimum staffing requirements the Legislature adopted last year in SB 97.

Thus far, 344 skilled nursing facilities have applied for “workforce shortage” waivers, while 391 facilities applied for “patient needs” waivers. The massive numbers of waiver requests expose the rampant understaffing in California nursing homes, CANHR said. Moreover, the waiver process is having the perverse effect of DPH endorsing understaffing at California’s most poorly staffed nursing homes rather than enforcing the (highly inadequate) minimum staffing requirements, CANHR said.

The federal government’s requirement for nursing homes to electronically report their staffing levels is a step in the right direction but obviously does not resolve staffing problems. The federal government does not have numerical minimum staffing requirements.

See the latest CANHR newsletter