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The Biden administration says a recently proposed minimum staffing standard would help ensure quality care, but nursing home leaders predict it will accelerate a trend of closures in rural America.
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Even on a fast track, the 11th U.S. Circuit Court of Appeals says, the arguments between the state and DOJ will not happen until after final briefs are filed on Dec. 6.
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The Justice Department urged the 11th U.S. Circuit Court of Appeals to turn down the state's request for a stay of an injunction issued in July.
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Research commissioned by the Centers for Medicare & Medicaid Services analyzed only staffing levels below what experts have previously called ideal. Patient advocates have been pushing for more staff to improve care.
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The state seeks a stay on an injunction that would require Florida's Medicaid program to provide 90% of the private-duty nursing hours to help children live in family homes instead of nursing homes.
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The federal judge wrote that he is “not persuaded that Florida will suffer irreparable damage without a stay," but that noncompliance can bring substantial harm to institutionalized children.
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A key part of the decision would require the state to increase the availability of private-duty nursing that could help children receive care outside of nursing homes. The state says complying is "impossible."
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The Agency for Health Care Administration criticized the judge's decision in a case that focuses on kids in the Medicaid program with conditions that often require round-the-clock care.
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The judge says the state violated the ADA and rights of children “who rely upon the provision of vital Medicaid services and are trying, in vain, to avoid growing up in nursing homes.”
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The law allows qualified CNAs to administer “routine” medications to residents, freeing up registered nurses to provide other needed care.