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The Centers for Medicare and Medicaid Services (CMS) sets Federal standards. Federal nursing home staffing standards require Medicare and Medicaid-certified nursing homes to have 24-hour licensed nursing services, which are sufficient to meet the needs of the nursing home residents. They must use the services of a registered professional nurse for at least 8 consecutive hours, 7 days a week. Sufficient staff also includes licensed practical and vocational nurses and certified nurse aides. 

The American Health Association points out that 6 out of 10 U.S. nursing homes are limiting the number of patients because of staffing shortages. Some are even closing.

Florida Statute 400.23 Nursing Homes and Related Health Care Facilities – Rules; evaluation and deficiencies says there is a requirement of a minimum of 1.0 hour of direct care by a licensed nurse per resident per day, and a facility may not staff below one licensed nurse per 40 residents.

President Biden announced a comprehensive set of reforms to improve safety and hold nursing homes accountable for seniors’ care in February 2022. The reforms included making facilities more transparent so seniors and their families can make informed decisions.

The senior population in Florida is exploding. Over 50 percent of Florida nursing homes are understaffed according to recent reports. There are facilities where one nurse aide may be required to care for as many as 30 seniors. This is way above the recommendations.

Florida nursing homes continue to be desperate for workers. To attract workers, they are offering wage increases and bonuses to keep up with inflation. This has not always helped as more Florida nursing homes face the risk of closure.

NurseJournal.org says the effects of the staffing shortage on the nursing staff are:

• High turnover
• High nurse burnout
• Unsafe working conditions
• Increased workload and overtime hours
• Unsafe staff-to-patient ratios

When nursing homes are understaffed, the first thing that usually happens is that the remaining workers are required to take on the responsibilities of the missing staff. Tasks are often passed down the ladder, causing residents to be mistreated by untrained staff.

Some of the results of understaffed nursing homes are:

• Wandering Residents – When front desks are left unmonitored, residents may wander and even leave a facility, putting themselves in danger.
• Falls – As residents age, they may need help such as moving from beds to chairs or using restrooms. Well-qualified staff is needed to prevent falls.
• Dehydration and Malnutrition – If a Florida nursing home is understaffed, it is difficult to tell whether residents are eating and/or drinking properly until it may be too late.
• Bedsores – Nursing home residents need to be turned in bed every two hours to prevent pressure ulcers. With a limited, or under-qualified, workforce, pressure ulcers may not be identified or reported so residents may be treated.
• Medication Errors – Many medications are required to be taken on specific days, at specific times. When medications are missed, residents may suffer dire consequences.
• Physical Abuse – Physical abuse may occur when understaffed facilities have too many residents to care for. The stress of caring for more residents than legally required, adds to the problems of physical abuse.

Nursing Home Understaffing Legal Liability

Florida holds nursing homes responsible for the negligent acts of their employees when they fail to give proper care while acting within the scope of employment at the time of the accident.  Occasionally, even unpaid nursing home volunteers can be considered “employees” in the state of Florida because the nursing homes control such things as duties and work hours. Any act that benefits the employer at all is usually within the scope of employment. The facility may also be liable for negligent hiring and negligent supervision because they must hire quality workers and closely supervise them.

“Should you or a loved one be injured because of the negligence of a nursing home or its staff, please contact Fort Myers Nursing Home Abuse Attorney Randall Spivey 24/7, after seeking medical attention. There are no costs or attorney fees until a monetary recovery is received. Contact Spivey Law Firm, Personal Injury Attorneys, P.A. at 239.337.7483, toll-free at 1.888.477.4839, or contact us online at SpiveyLaw.com.”