0938-AV25 202404 Unified Agenda of Federal Regulatory and Deregulatory Actions 0938 Centers for Medicare & Medicaid Services CMS 0900 Department of Health and Human Services HHS Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting (CMS-3442)

This rule establishes minimum staffing standards for long-term care facilities, as part of the Biden-Harris Administration’s Nursing Home Reform Agenda to ensure safe and quality care in long term care facilities. In addition, this rule requires States to report the percent of Medicaid payments for certain Medicaid-covered institutional services that are spent on compensation for direct care workers and support staff.  Consistent with the Administration’s commitment to maximize transparency and public engagement, and to allow communities greater opportunities to provide input in the regulatory process, HHS sought the expertise of colleagues in the Office of Management and Budget, the General Services Administration, and the Consumer Financial Protection Bureau to inform an alternative approach to public comments for the proposed nursing home minimum staffing rule. The Department ultimately established and disseminated in public materials a direct web link to allow a more accessible comment submission path to the public, lowering the barriers to participation for the nursing home residents, families, and facility staff who will be directly impacted by this regulation.

]]> Section 3(f)(1) Significant Previously Published in The Unified Agenda Completed Actions Yes Private Sector 42 CFR 483 42 CFR 442 42 CFR 438 42 U.S.C. 181 42 U.S.C. 1919 42 U.S.C. 1902 Statutory Final 09/06/2026 MMA sec. 902 requires Medicare final rules publish within 3 years of a proposed or interim final rule. Per the CMS notice published December 30, 2004 (69 FR 78442), except for certain Medicare payment regulations and certain other statutorily-mandated regulations, we schedule all Medicare final regulations for publication within the 3-year standardized time limit in the current Unified Agenda. We do not intend to delay publishing a Medicare final regulation for 3 years if we are able to publish it sooner. Yes NPRM 09/06/2023 88 FR 61352 NPRM Comment Period End 11/06/2023 Final Action 05/10/2024 89 FR 40876 Final Action Effective 06/21/2024 No State Yes No No Ronisha Blackstone Director, Division of Institutional Quality Standards 0938 Centers for Medicare & Medicaid Services CMS 410 786-6882 ronisha.blackstone@cms.hhs.gov Center for Clinical Standards and Quality, MS: S3-02-01, 7500 Security Boulevard, Baltimore MD 21244