Sharing a couple of items hitting the news recently surrounding the Staffing Mandate legal battle, a change in Care Compare Reporting announced by CMS, as well as Survey Reporting changes.
Staffing Mandate – Another “Win”
Similar to Texas District Judge Matthew Kacsmaryk’s decision in April, District Judge Leonard Strand from Iowa ruled last week that both the 24/7 RN staffing requirement and hours per resident day (HPRD) minimum staffing mandates “violate the Medicare and Medicaid statutes,” arguing that CMS overstepped its legal authority. These two rulings invalidate the mandate’s minimum hourly staffing requirement; however, HHS has provided notification of appeal on the Texas court decision. This will be an ongoing story, but for now, another much needed ‘win’ for our industry.
June 18, 2025, CMS Released 2 QSO’s Impacting Care Compare Data and Survey Reporting
- QSO-25-20-NH, Updates to Nursing Home Care Compare; chain aggregated data, survey removal, long-stay antipsychotics, COVID-19 vaccination
- QSO-25-19-ALL CMS-2567 immediate release of statement of deficiencies prior to plan of correction completion
Care Compare and 5 Star Impactors (QSO-25-20-NH)
July 2025 new reporting on Care Compare.
- “Chain” aggregated data will be revealed as of July 30th, 2025
- 3rd cycle standard survey information will no longer impact 5 Star calculations
- Cycle 2 of annual surveys, and all other counted complaint and infection control surveys, will be weighted at 25%
- CMS predicts this will impact 20% or less of SNFs 5 Star standing
July 30, 2025, COVID-19 vaccination measure removal.
- CMS will remove resident and staff COVID-19 vaccination data from Care Compare
October 29, 2025, effective updated long-stay antipsychotic measure.
- Adding Medicare and Medicaid claims and encounter data to the MDS data currently used to address concerns over the MDS data alone being an incomplete representation
Survey Statement of Deficiencies and Plan of Correction (CMS-2567) (QSO-25-19-ALL)
Mid July 2025, CMS-2567 form with deficiencies will be publicly released within 14 days after receipt by provider.
- Prior practice was to hold the release for 90 days after completion of the survey
- There will be no change to the time a provider has to respond to the CMS-2567
The Point Is: CMS is driving increased transparency in a reported effort to ease the public’s ability to make the best choices for themselves and loved ones. These changes could negatively or positively impact 5-star ratings. As providers strive for ongoing quality and access to care, it is nice to see the courts support our industry while CMS continues to keep us on our toes with ongoing changes. Wishing you all the best. If we can be of help, please reach out.
