CHANGE IN STAFFING REQUIREMENTS MAY CAUSE RISE IN NURSING HOME ABUSE

Nursing home abuse and neglect has risen to epidemic proportions. According to the National Council on Aging (NCOA),  between 10 – 20 percent of seniors, or close to five million people, have experienced some type of elder abuse, particularly in nursing homes and assisted living facilities. Many instances of mistreatment and neglect result from insufficient staffing levels, a problem that may intensify due to the repeal of minimum staffing requirements established in 2024. Here is an overview of the recent legislative changes and how nursing home residents may be affected. We believe that anyone who harms a vulnerable elderly person should be held accountable. Therefore, if you suspect a family member is being abused or neglected, call our experienced nursing home abuse lawyers today. We will protect your loved one and fight to win the compensation you and your family deserve.

HOW DOES THE NEW LEGISLATION AFFECT STAFFING REQUIREMENTS FOR NURSING HOMES?

Basically, the new law repeals the staffing rules established in the 2024 Medicare and Medicaid Programs; Minimum Staffing Standards for Long-Term Care Facilities and Medicaid Institutional Payment Transparency Reporting legislation. Among other things, this law required nursing homes to have an onsite RN 24/7 and to provide a minimum of 3.48 hours of daily care per resident, including at least 0.55 hours from a registered nurse and 2.45 hours from a nursing aide.

Last year, the majority of those rules were repealed as part of an overall effort to reduce federal regulations for government agencies. Effective Feb. 2, 2026, the minimum staffing requirements were removed and the previous policy requiring facilities to have an RN available for at least eight consecutive hours a day, seven days a week, was reinstated. Facilities must also designate an RN to serve as the director of nursing on a full-time basis except when waived.

The previously established requirements for assessing long-term care facilities were not affected by the recent changes.

HOW DO STAFFING LEVELS AFFECT PATIENT CARE IN NURSING HOMES?

Many instances of abuse and neglect result from insufficient staffing levels. When existing employees are overburdened, they can become impatient and irritable, which can lead to abusive behavior. In addition, unintentional neglect is more likely when there are not enough workers to meet the residents’ needs on a timely basis. This can lead to a variety of negative consequences, including:

–       Bedsores from remaining in the same position too long

–       Poor hygiene when bathing and laundry are not done regularly

–       Infections from unchanged dressings or unsanitary conditions

–       Dehydration and malnutrition in patients needing assistance with eating and drinking

–       Falls due to insufficient supervision

–       Medication errors made by overworked employees

WHAT IS NURSING HOME ABUSE?

The CDC (Centers for Disease Control and Prevention) defines elder abuse as “an intentional act or failure to act that causes or creates a risk of harm to an older adult,” which includes anyone age 60 or above. Abuse can be physical, emotional/psychological, sexual or financial. It may be deliberate or unintentional. Neglect is another form of equally harmful abuse that can have serious consequences that include fall injuries, malnutrition, bedsores, and, in some cases, death. 

Elder abuse falls into five main categories:

Physical abuse: intentional use of physical force such as hitting, shaking, restraints and improper use of sedatives or other drugs to harm or intimidate

Sexual abuse: forced or unwanted sexual interaction including rape, any nonconsensual touch or physical contact and verbal sexual harassment

Emotional/psychological abuse: verbal or nonverbal behaviors that inflict anguish, fear, or distress such as threats, insults or other forms of harassment or punishment

Neglect: failure to meet basic needs such as food, water, shelter, clothing, hygiene, assistance with eating or drinking, and medical care, including medication and mental health services

Financial abuse: illegal, unauthorized, or improper use of a resident’s assets such as money, benefits or property, stealing money or belongings or coercing a resident to give money or change their will

DO MICHIGAN NURSING HOMES HAVE MINIMUM STAFFING REQUIREMENTS?

Yes. Despite the repeal of federal regulations, Michigan nursing homes are still required to maintain certain staffing levels. Under Michigan law (MCL – 333.21720a), each facility must have at least one licensed nurse on duty at all times. In addition, nursing homes must retain sufficient staff to provide a minimum of 2.25 hours of nursing care per day for each resident.

The Michigan Public Health Code also requires the following minimum nursing care staff-to-resident ratios:

Morning shift:      1 nursing care employee for 8 residents

Afternoon shift:   1 nursing care employee for 12 residents

Nighttime shift:   1 nursing care employee for 15 residents

Furthermore, designated members of the nursing staff may not provide basic services such as food preparation, housekeeping, laundry or maintenance, except in emergencies. In facilities with 30 or more beds, the director of nursing is not included in the minimum staffing ratios listed above.

WHO IS LIABLE FOR NURSING HOME ABUSE AND NEGLECT?

Determining who is responsible in a nursing home abuse case can be challenging because multiple parties may be involved. This is one of many reasons it is important to hire an experienced nursing home abuse lawyer if you suspect a loved one is being abused or neglected.

Here are some examples of parties that may be liable in a nursing home abuse claim:

• Direct care workers, including facility employees and contractors
• A staffing agency that provided the employee who caused the harm
• The facility and/or other employers can be responsible for their employees’ negligent conduct as well as for their own actions, including negligent hiring practices, inadequate training or supervision, understaffing, medical errors and failure to provide a safe environment
• Food service companies
• Outside maintenance or cleaning companies
• Security firms or personnel

Because these cases can be extremely complex, hiring our experienced nursing home abuse lawyers is the best way to protect your loved one and receive the compensation you and your family deserve.

HOW MUCH CAN I EXPECT TO WIN FROM A NURSING HOME LAWSUIT?

Because every case is unique, there is no standard amount of compensation for a nursing home claim. Verdicts and settlements are based on a variety of factors, including the type and severity of the injuries, the actions or omissions of the nursing home and the degree of negligence that can be proven. Our firm has a reputation for winning large settlements for victims of nursing home abuse, and we are ready to fight for you and your family.  

And, when you hire our experienced nursing home abuse lawyers, there are no upfront fees or retainers. We don’t get paid until we win your case.

That’s the Bernstein No Fee Guarantee^®.

CALL OUR EXPERIENCED NURSING HOME ABUSE LAWYERS TODAY TO WIN THE COMPENSATION YOU DESERVE

If you suspect a family member is suffering from abuse or neglect in a nursing home or assisted living facility, we can help. As Michigan’s most experienced personal injury law firm, we have the knowledge, legal expertise and resources to keep your loved one safe and hold the responsible parties accountable for their harmful actions. Our experienced nursing home abuse lawyers will fight to protect your rights and win the compensation you and your family deserve.

Nursing home abuse law is complicated, but finding the right law firm is simple.

Contact us today for a free no-obligation consultation with a member of our experienced legal team.