Staffing rule financial penalties pose ‘existential’ crisis for nursing homes

Staffing Rule Financial Penalties Pose Existential Crisis for Nursing Homes
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The survey environment has become more punitive

Staffing rule financial penalties have not yet been disclosed. CMS has not clarified how providers will be penalized for non-compliance with the final rule on minimum staffing.  There are various remedies listed in the Federal Register, but specific details will be published in advance of each implementation date.  This lack of clarity is a cause for concern for industry leaders.“Until the rules are established, it’s impossible to assess their total impact,” said PruittHealth Chairman and CEO Neil L. Pruitt, Jr.  “However, the purpose of civil monetary penalties (remedies) is not to punish a facility but to achieve compliance. Our goal is that CMS would work cooperatively with the centers who are unable to find appropriate staff to help them build a workforce to address the staffing requirements.”

Community Spotlight: Clifton Porter II

The second installment of Excelas’ Community Spotlight features Clifton Porter II, one of the country’s top advocates for senior living providers, tirelessly promoting policies that benefit residents and the dedicated caregivers called to care for them.

Excelas Community Spotlight - Clifton Porter II - Excelas LLC

Honors for Advocacy on Behalf of the Long-Term and Post-Acute Care Profession

A sought-after speaker, podcast guest, volunteer, and philanthropist, it’s not surprising that recognition as The Hill’s Top Lobbyist 2023 and McKnight’s Pinnacle Industry Ally Award have recently been added to the accolades of Clif’s impressive career.

Over Three Decades in Long-Term Care

Clif has dedicated over 30 years to the long-term care industry, beginning in a small nursing home in Virginia where he saw firsthand the impact of caregivers on the emotional and physical well-being of the residents. His administrative career took him to HCR ManorCare where he advanced to regional director of operations and then to VP of the Government Relations Department. Implementing the organization’s political engagement strategy, Clif monitored state and federal legislation and coordinated grassroots efforts to advocate for the industry.

AHCA/NCAL Senior Vice President, Government Affairs

This combination of administrative, operational management, and government policy experience made Clif the perfect fit for the American Health Care Association/National Center for Assisted Living’s Senior Vice President, Government Affairs. In this role, he has called for collaboration and meaningful measures to improve quality care, including vehemently opposing the minimum staffing requirements that will place undue burdens on facilities and potentially result in reduced services and closures. As an industry expert, Clif is frequently called upon to share his expertise speaking on critical issues and trends in long-term care.

Recently, Clif spoke at AHCA/NCAL’s Congressional Briefing about compliance and legal threats associated with the requirement for providers to update their facility assessments using new elements. He warned that the assessment could become a tool in litigation against providers.

“I believe fundamentally that this facility assessment is really about the trial bar…. Ultimately, when you write down what your plan is, that’s a piece of paper that you’re held accountable to. … This is a means to strengthen not only enforcement but to strengthen litigious activities to ultimately put us in a situation that’s going to make delivering care that much more difficult.”

Porter Legacy Scholarship

Clifton Porter II - Excelas Community SpotlightAmong the many examples of Clif’s commitment to giving back to the community, he and his wife Deborah established the Porter Legacy Scholarship at his alma mater, Virginia Commonwealth University. This award is granted to undergraduate students in health services who demonstrate a commitment to the principles of diversity, equity, and inclusion.

Mr. Porter’s advocacy efforts for providers, caregivers, and residents will continue to shape the healthcare landscape in these turbulent times in long-term care.


Excelas’ Community Spotlight introduces some of our business associates to expand the healthcare community, build relationships, facilitate networking, and share valuable information with our subscribers.


Backlogged hospitals want back into the nursing home business – without the hassle of ownership

“Hospital and SNF collaborations may allow both providers more control over their bed supplies and the care transitions for post-acute patients,” said Stefanie Doyle, an associate attorney working on Baker Donelson’s Hospital-SNF initiative. “Research indicates that some of these collaborations may also lead to lower costs, shorter lengths of stay, and better outcomes for patients.”

“We have immense focus on care coordination and focus on things being done right in the post-acute setting because It’s crucial to maintain and achieve good outcomes for the patients’ recovery standpoint, as well as make sure that they’re not getting readmitted back to the hospital,” Vipul Bhatia, WellSpan’s associate chief medical officer of post-acute and continuing care.


Excelas’ May 2024 Performance Metrics

In May 2024, Excelas

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Excelas LLC May 2024 Performance Metrics

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