Recent federal data has illuminated a disturbing reality: the overwhelming majority of nursing homes across the United States are failing to meet even minimum staffing requirements needed to ensure safe and adequate care. This widespread understaffing crisis not only places residents at risk but constitutes a systemic form of neglect that can have life-altering consequences for our most vulnerable citizens.

At Bautista LeRoy LLC, we represent victims of nursing home neglect and abuse throughout Missouri, Kansas, and the surrounding region. We are committed to holding long-term care facilities accountable when their cost-cutting and poor staffing choices endanger the health, safety, and dignity of those entrusted to their care.

The Federal Standard for Staffing in Nursing Homes

In April 2024, the Centers for Medicare & Medicaid Services (CMS) issued a final rule establishing the first-ever minimum federal staffing standards for long-term care facilities. These requirements are aimed at ensuring that residents receive appropriate and timely care, and they include:

• A minimum of 3.48 hours of direct care per resident per day (HPRD)

  • 2.45 HPRD must come from certified nurse aides.

  • 0.55 HPRD must come from registered nurses (RNs).

• An RN must be on-site 24 hours per day, 7 days a week.

• Individualized staffing plans must be developed to meet each facility's specific resident acuity needs.

These rules were based on evidence from a CMS-funded staffing study, which concluded that insufficient staffing directly contributes to neglect, injuries, and medical complications that could otherwise be prevented.

Federal Data Confirms the Crisis

Data compiled by federal agencies and analyzed by organizations like the Long-Term Care Community Coalition (LTCCC) reveals that approximately 9 out of 10 nursing homes fail to meet these new minimum standards. Even more alarming, many fall short of the already outdated informal standard of 4.1 total HPRD, which has been cited since the early 2000s as the threshold for avoiding harm.

This chronic understaffing manifests in many dangerous and harmful ways:

• Inadequate assistance with feeding and hydration, leading to malnutrition or dehydration.

• Neglected hygiene and wound care, resulting in pressure ulcers and infections.

• Failure to supervise residents, which increases the risk of falls, elopement, or assault.

• Delayed medical attention, leading to misdiagnoses, medication errors, and preventable deaths.

Nursing homes are often operated by for-profit chains seeking to minimize labor costs. This has resulted in dangerously low staffing levels even as these corporations reap millions in government reimbursements.

The Legal Implications of Understaffing

At Bautista LeRoy LLC, we believe that no family should ever suffer the heartbreak of watching a loved one deteriorate in a facility that was supposed to care for them. When nursing homes violate their legal duty to provide a safe, clean, and adequately staffed environment, victims and their families have legal recourse.

Victims of nursing home understaffing may be able to pursue civil claims for:

• Negligence – when injuries result from failure to provide reasonable care.

• Violation of residents' rights under federal law, including the Nursing Home Reform Act.

• Wrongful death – when gross neglect or medical failures lead to avoidable fatalities.

Evidence in these cases often includes staffing logs, witness statements, medical records, and expert testimony. Facilities that routinely operate below safe staffing thresholds may also be cited by state regulators, which can support a civil claim.

How Bautista LeRoy LLC Helps Victims and Families

Our firm has a long-standing commitment to protecting the elderly and holding negligent nursing homes accountable. We understand how emotionally devastating it is to discover that a loved one's suffering or death could have been prevented. We offer:

• Free consultations to evaluate the circumstances and legal options.

• Thorough investigations, including subpoenas for staffing logs and internal audits.

• Aggressive litigation strategies to pursue full compensation for pain, suffering, and losses.

• Compassionate communication throughout the case – we treat every client with dignity and respect.

Our attorneys have successfully resolved numerous claims involving neglect, elopement, pressure ulcers, unexplained injuries, and wrongful deaths arising from poor care practices linked to understaffing.

We Advocate for Change

Litigation not only helps victims receive compensation — it also sends a strong message to nursing homes and corporate owners that negligent care will not be tolerated. The public should not bear the cost — emotionally or financially — for private facilities that accept Medicare and Medicaid funds while refusing to meet even basic staffing obligations.

We continue to advocate for transparency, enforcement of federal standards, and legislative reform to prevent future tragedies.

Contact Bautista LeRoy LLC

If your loved one suffered injuries, mistreatment, or death in a nursing home that appeared short-staffed or overwhelmed, Bautista LeRoy LLC is here to help. We represent clients in Missouri, Illinois, Kansas and Arkansas and throughout the Midwest in claims involving nursing home abuse, neglect, and wrongful death.

Call us today at (833) 381-6589 or visit www.bautistaleroystl.com to schedule a free and confidential case evaluation. Together, we can pursue justice for your loved one and ensure that negligent nursing homes are held fully accountable.