Client Alert: Changes to Nursing Home Staffing Information and Quality Measures Posted


By Patrick Formato, Barbara Phair and Frank Mazzagatti

On June 25, 2020 CMS issued a memorandum highlighting changes to nursing home staffing information and quality measures posted on the Nursing Home Compare website and Five Star Quality rating system due to the COVID19 Public Health Emergency.

Effective immediately, CMS is ending the blanket emergency waiver of 42CFR 483.70(q), and all nursing homes are required to resume submission of staffing data through the PBJ system as required by the regulation. Specifically, facilities must submit the requisite staffing data for Calendar Quarter 2 (April – June) 2020 through the Payroll-Based Journal (PBJ) System by August 14, 2020.

Due to the waiver, many facilities did not submit staffing data, and thus, CMS will not be able to update the PBJ staffing measures and staffing domain star ratings at the next regularly scheduled update in July 2020. Therefore, on July 29, 2020, staffing measures and ratings will be held constant, and based on data submitted for Calendar Quarter 4 (October – December) 2019.

Because the waiver is being lifted, staffing measures and ratings will be updated in October 2020 based on data submitted by August 14, 2020.

Questions about these changes should be directed to BetterCare@cms.hhs.gov.

The healthcare attorneys at Abrams Fensterman are committed to providing you with the most current and accurate information and guidance during this COVID-19 pandemic. Should you have questions, feel free to contact Patrick Formato, Esq., Barbara Stegun Phair, Esq., Frank A. Mazzagatti, Esq., or any other attorney in our health law practice group.

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