Recently we have had a surge of provider requests to review Florida’s staffing requirements. To review 400.23(3), a minimum weekly average of certified nursing assistant and licensed nursing staffing combined of 3.6 hours of direct care per resident per day. A reminder a week is defined as Sunday through Saturday.
A review of the staffing minimum in 400.23(3) includes:
- A minimum certified nursing assistant staffing of 2.5 hours of direct care per resident per day. A facility may not staff below one certified nursing assistant per 20 residents.
- A minimum licensed nursing staffing of 1.0 hour of direct care per resident per day. A facility may not staff below one licensed nurse per 40 residents.
A review of the staffing minimum in 400.141 includes the following to comply with state minimum-staffing requirements:
- A facility that has failed to comply with state minimum-staffing requirements for two consecutive days is prohibited from accepting new admissions until the facility has achieved the minimum-staffing requirements for six consecutive days. For the purposes of this subparagraph, any person who was a resident of the facility and was absent from the facility for the purpose of receiving medical care at a separate location or was on a leave of absence is not considered a new admission. Failure by the facility to impose such an admissions moratorium is subject to a $1,000 fine.
- A facility that does not have a conditional license may be cited for failure to comply with the standards in s. 23(3)(a)1.b. and c. only if it has failed to meet those standards on two consecutive days or if it has failed to meet at least 97 percent of those standards on any one day.
- A facility that has a conditional license must be in compliance with the standards in s. 23(3)(a) at all times.
For success, we need to evaluate our system of staffing, how it interrelates with our facility assessments, who and how it is coordinated on a daily, weekly, and monthly basis. Ongoing evaluation of effectiveness is key, and it is encouraged to add this in your monthly risk meeting if not already in place. Not from a compliance standpoint alone, but rather to determine whether we are meeting the residents’ needs and how we staff to affirm care and services related to acuity.
For more information, contact Robin Bleier at [email protected] or call 727.786.3032.