The Bureau of Labor Statistics reports the nursing home sector has lost 210,000 jobs during the pandemic, or about 14% of its workforce. While other healthcare sectors like home health agencies and hospitals have largely mitigated losses, nursing homes have not fared well.

First, one must be clear that forces leading to the most recent downturn in staffing is not the fault of the industry. Worker shortages are largely attributed to societal factors magnified by the pandemic. But the industry should prepare itself for significantly increased legal risks associated with the staffing shortage.

In recent years, nursing home operators have faced costly litigation associated with allegations of understaffing. While some allegations have been overblown, there is little doubt that the loss of more than 210,000 workers will be associated with severe risks and consequences.

The strain on the remaining workforce will lead to increased job demands that can lead to decreased quality of care. Liability risks include claims of negligence and lawsuits; increased regulatory scrutiny for the facility and individual caregivers for deviating from regulatory and professional standards; wage and hour lawsuits brought by overworked staff; and increased worker’s compensation claims. Certainly, operators can mitigate some of the risk by developing action plans for a constant focus on recruitment.

Also, the industry must engage local, state and federal agencies to provide help with industry recruiting efforts. For example, renewed efforts to fix our struggling immigration system might allow for increased recruitment of foreign workers. More private and governmental efforts will be needed over the next few years to find creative and cost-effective solutions.

From the January/February 2022 Issue of McKnight's Long-Term Care News